In consideration for participating in the various activities offered at Bumblebee Playspace, located at 35500 Dumbarton Court, Newark CA 94560 (“Bumblebee Playspace”), which includes an indoor play area and use of the premises and facilities (the “Activities”), I, as parent or legal guardian of the minor(s) identified below (“Child”) acknowledge and agree that:
1. I, for myself and my Child, agree to follow the safety instructions provided and acknowledge that failure to do so may result in expulsion from Bumblebee Playspace. I warrant and represent that I will, at all times, supervise my Child and ensure the safe use and operation of the Activities;
2. Bumblebee Playspace cannot eliminate all risks or guarantee the safety of me or my Child, and makes no warranties or representations, express or implied, about the safety of the Activities or premises;
3. There are dangers and risks associated with the Activities, including without limitation, (a) minor injuries, such as scratches, bruises, and sprains; (b) major injuries, such as eye injury or loss of sight, joint or back injuries, and concussions; and (c) catastrophic injuries, such as paralysis and even death;
4. I understand the aforementioned risks, including those which may be foreseeable but not specifically identified herein, and expressly and voluntarily agree to assume all risks and full responsibility for any injury, loss, or damage to person or property arising out of or related to the Activities;
5. I, for myself, my Child, and on behalf of my or their heirs, assigns, representatives, and next of kin, do hereby release, waive and forever discharge, and covenant not to sue Bumblebee Playspace, its owners, members, managers, employees, equipment manufacturers, agents, and/or all other persons or entities acting on Bumblebee Playspace’s behalf, from all liability for any such injury, loss, or damage to person or property to the fullest extent of the law. This release, discharge, and covenant not to sue shall relate to any and all claims or legal rights, now, existing or arising in the future, including those arising out of any negligence of Bumblebee or its owners, members, managers, employees, equipment manufacturers, agents, and/or all other persons or entities acting on Bumblebee’s behalf, and any other breach of a legal duty arising out of a common law, statute, contract or otherwise.
6. I agree to indemnify and hold harmless Bumblebee Playspace for, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees and costs, incurred due to claims brought by any party relating to my or my Child’s involvement in the Activities and agree to reimburse Bumblebee Playspace for any such costs, expenses and fees as they are incurred;
7. I, for myself and my Child, understand that my execution of this waiver on the initial visit will authorize Bumblebee Playspace to enter this waiver into its database and I hereby authorize Bumblebee Playspace to use this waiver as a continuous waiver for my and my Child’s ongoing participation in the Activities until such time as I revoke it in writing; and
8. I expressly agree that this waiver is intended to be as broad and inclusive as is permitted by law and that if any portion of this agreement is determined invalid by a court of competent jurisdiction, then the remainder of this waiver shall remain in full force and effect.
I hereby certify that I am the parent or legal guardian of the Child whose name(s) appear below, and I have authority to waive rights on behalf of the Child. I have read and understood the foregoing and agree to all above provisions. I further give my consent for my and my child’s voluntary participation of the Activities at Bumblebee Playspace .