RELEASE OF LIABILITY WAIVER FORM FOR ACTIVITIES, CLASSES, AND OTHER PROGRAMS SPONSORED BY “The Green Playground.”
The Green Playground reserves the right to cancel or withdraw a registration of a group based on improper behavior and conduct of child participant(s) and/or parent.
In consideration for allowing myself or child to participate in programs and other activities at or sponsored by The Green Playground and further in consideration of the The Green Playground allowing me and/or my child to enter and use the facilities owned, leased or otherwise provided by the The Green Playground (the “Facilities”) undersigned, for myself and for my child and his/her parents, heirs, assigns, personal and legal representatives and estate, fully and completely releases, discharges and holds harmless The Green Playground, and its directors, trustees, officers, employees, agents, insurers, instructors, coaches, caregivers, and volunteers (collectively “its agents and employees”) from any and all claims, actions, causes of action, and damages of any kind whatsoever, including but not limited to claims for personal injury or property damage, arising out of myself and/or my child’s participation in any program or activity at the The Green Playground or its Facilities.
I understand that I am solely responsible for supervising myself, my guests, any child(ren), and our collective personal property while on or around The Green Playground or its facilities.
The undersigned acknowledges and recognizes there are inherent risks involved in certain activities or recreational activities at The Green Playground and the Facilities and the undersigned and myself or my child assumes the risk of any injury sustained while at The Green Playground or at its Facilities. The undersigned agrees to indemnify, defend and hold harmless The Green Playground and its agents and employees from any and all claims arising out of my child’s participation in any program or activity at The Green Playground or the Facilities, even if such claim arises as a result of a negligent act or omission of The Green Playground or its agents and employees.
I further acknowledge that The Green Playground does not manufacture the equipment in its facilities, but purchases and/or leases the equipment and therefore The Green Playground may not be held liable for defective products. I and/or my child(ren) are physically fit and know of no medical or health reason whereby I and or my child(ren) should not participate in any activities at The Green Playground.
I acknowledge that The Green Playground is not liable to you or your guests, child(ren) for any personal property that is damaged, lost, or stolen while on or about The Green Playground premises including, but not limited to, a vehicle or its content or any property in a locker/cubbie, whether or not The Green Playground was negligent.
I hereby agree to indemnify and hold harmless The Green Playground from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred, and/or suffered by The Green Playground; including, but not limited to, any and all attorney's fees, costs, damages, and/or judgments The Green Playground incurs in the event that I, my minor child(ren) or anyone for which I signed this agreement causes any injury, damage, and/or harm to The Green Playground and/or any and all other persons and entities acting in any capacity on behalf of The Green Playground or to others while at The Green Playground premises.
I promise to indemnify The Green Playground for any attorneys' fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of The Green Playground pre-judgment and post-judgment interest shall accrue thereon at the legal rate.
PHOTOGRAPH WAIVER FORM
By entering The Green Playground and participating in the various activities sponsored by The Green Playground, I hereby grant The Green Playground on behalf of myself, and on behalf of my child(ren), the irrevocable right and permission to photograph and/or record me or my child(ren) in connection with The Green Playground and to use the photograph and/or recording and the name, likeness, voice, and appearance of myself or my child(ren) captured therin for promotional purposes. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
TERMS OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren) visit The Green Playground whether at the current location or any other location or facility.
In the event a lawsuit is filed against The Green Playground, I agree to the sole and exclusive venue of the County of Palm Beach. I further agree that the substantive law of Florida shall apply without regard to any conflict of law rules. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. Prior to any lawsuit I agree to participate in mediation, in person, with The Green Playground to attempt to resolve the dispute without litigation.
By electronically signing this document, checking the box below and then by click "Accept Waiver" or by physically signing this document, I understand that I may be found by a court of law to have forever waived any right I and/or my child(ren) may have to maintain any action against The Green Playground on the basis of any claim from which I have released The Green Playground and any released party herein. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. By signing below and clicking accept, I also agree that all releases, waivers, and promises herein are binding on the minor participant(s) listed below, and I further agree that I have full authority as Parent/Guardian to bind the minor participant to this agreement.