Waiver

Last Updated 5/10/2024

The Happy Place Agreement – Terms, Policies, & Liability Waiver

This Agreement sets forth the terms and conditions under which you (collectively with you, your spouse, child/children) may use and access services of Gems Media, LLC doing business as The Happy Place (collectively with any subsidiaries, affiliates, successors and assigns, “The Happy Place”), The Happy Place’s premises, to include the use of a third party’s location/venue (herein, the “Premises”) and any services (the “Services”) available through the Site or the Premises and applies to any locations, offerings, websites/mobile applications, and/or goods or services offered by The Happy Place. This Agreement incorporates The Happy Place’s Privacy Policy.

PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY ACCESSING THIS SITE AND/OR BY SIGNING/CHECKING THE BOX ON ANY OF THE PAGES WHEREBY YOU REGISTER FOR ANY SERVICES, INCLUDING REGISTERING FOR OR PURCHASING THE HAPPY PLACE CLASSES ONLINE, YOU ARE SIGNIFYING YOUR ACCEPTANCE OF, AND HEREBY AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD REFRAIN FROM VIEWING OR USING THIS SITE.

EACH TIME YOU ACCESS THIS SITE, YOU ARE REAFFIRMING YOUR AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, OR DO NOT HAVE LEGAL AUTHORITY TO AGREE AS PROVIDED ABOVE, YOU ARE NOT AUTHORIZED TO USE THIS SITE.

THE HAPPY PLACE RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU, AND UPON SUCH REVISIONS, THE HAPPY PLACE WILL REVISE THE LAST UPDATED DATE AT THE BOTTOM OF THIS AGREEMENT. Therefore, you should read this Agreement prior to each use of the Site and should check the “Last Updated” date to ensure familiarity with the terms of this Agreement. You may print a copy of this Agreement for reference.

RISKS OF PARTICIPATION; LIABILITY WAIVER FOR ACTIVITIES

By this Agreement, you agree to give up (i) the right to sue for any injury or damages sustained through participating in any activities on the Premises, and (ii) other rights described more fully below.

In consideration of being allowed to participate and access The Happy Place’s Services and/or entering the Premises, in addition to the payment of any fee or charge, you fully, expressly, knowingly, unconditionally, and voluntarily on behalf of yourself, your heirs, children, representatives, executors, successors and assigns:

1. Agree to remain on the premises at all times while your child is on the premises and/or have an approved adult, such as a nanny, caretaker, or grandparent, (a “Representative”) stay with your child at all times while on the Premises. You are responsible for your child/children.

2. Grant The Happy Place, its representatives and agents the right to use any photographs, motion pictures, recordings or any other record of your participation, including the participation of your Representative and child, in the Services for its record keeping, social media pages, and public relations efforts without remuneration.

3. Release, waive, discharge and covenant not to sue, make a claim against or otherwise prosecute or file any suit or other action against The Happy Place, its employees, agents, directors and officers for any claims, liabilities, losses, damages, expenses or judgments, including attorneys’ fees and court costs resulting from any of the following: (a) the participation by you, your Representative and/or your child in a program or any illness or injury resulting therefrom; (b) exposure by you, your Representative and/or your child to any illness or disease while on the Premises; or (c) any injury or damage to your Representative’, your child’s and/or your person or property while on the Premises.

4. Acknowledge that you are aware of the risk of injury, illness, or food allergy, especially to children, inherent in being on the Premises and/or participating in any Services.

5. Acknowledge that The Happy Place does not have licensed medical staff available onsite and is not obligated to administer any medical care or medications. In the event of an emergency related to your child, you understand that it is the responsibility of the adult who brings your child to The Happy Place to use reasonable efforts to contact you and to seek whatever medical care the child needs as determined by that adult and hereby release The Happy Place from all liability resulting therefrom. You further acknowledge and agree to be responsible for any and all charges for any such medical care.

6. Agree that this Agreement is intended to be as broad as is permitted by the law. Agree that if any provisions of this Agreement is held to be invalid, nevertheless, the balance of this Agreement shall remain enforceable and continue in full force and effect.

7. I waive and release The Happy Place, its agents, servants, employees, insurers, successors and assigns from any and all claims, demands, causes of action, damages or suits at law and equity of any kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence or involvement at the facility. This waiver and release is intended to and does release The Happy Place from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties and The Happy Place’s negligence. This is not intended to release The Happy Place from any liability resulting from their intentional conduct. I further covenant and agree not to institute any claims or legal action against The Happy Place for any claim released by this Agreement. I further agree that should any claim be made against The Happy Place in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend and completely indemnity (reimburse) The Happy Place for any such claim and expenses including attorney’s fees and costs incurred by The Happy Place in defending themselves or security indemnity hereunder.

8. I understand that The Happy Place is not responsible for any lost, stolen, or damaged valuables or property.

9. I have read the Agreement and understand that by signing the Agreement I have consented to be bound by its terms, including the waiver/release of any legal right I may have to sue The Happy Place for any costs they incur because a claim or legal action is brought in violation of this Agreement. I agree any violation of the Agreement and its terms and conditions, as determined by The Happy Place, will void and terminate this Agreement and may result in loss of the ability to use the facility.

By signing below, you certify that you have read the above, freely, voluntarily, and competently agree to the terms, and you are at least eighteen (18) years of age.

Name (please print)_[FIRST NAME][LAST NAME]

Signature

Our Policies
CANCELING MEMBERSHIPS, REFUNDS, HEALTH POLICIES AND MORE

REFUNDS

·       Partially Used Unlimited Family Class Passes - We do not offer full or partial refunds for partially used Class Passes.

·       Gift cards - We do not offer full or partial refunds for any gift cards.

·       Retail - We offer refunds on unworn retail with tags still attached if returned within 7 days.

CLASS LATE CANCELS AND NO SHOWS

·       If you cancel a class reservation within 24 hours of the class start time or do not show up to class, you will be charged a $10 late cancel or no show fee. If you have an extenuating circumstance, please email us at thehappyplacerm@gmail.com

HOW TO CANCEL YOUR CLASS RESERVATION

If you wish to cancel your class, then please go through the scheduling confirmation email. For assistance, e-mail us at thehappyplacerm@gmail.com. Please note that it may take a few days for our team to reply, but we will honor the date you emailed us. We do not refund membership payments prior to the date you emailed.

HEALTH POLICIES

·       We kindly ask that all sick children and grownups stay at home. Please do not worry about our late cancel policy if your child is suddenly sick, simply email us to let us know about the illness and you will not be charged a late cancel fee. However, if you do not show up to class without giving notice, even if it's due to illness, you will be charged a $10 no show fee. This is because there is often a waitlist of families hoping to attend class and when we are not given notice, another family has to miss class even through there was room.

·       Parents of infants – please consult your pediatrician regarding when your child is ready to attend classes and events at The Happy Place. We recognize that all families have different comfort levels regarding immunizations and we leave it up to you to decide what is best for your child.

·       It is our top priority to keep The Happy Place as clean and safe as possible. However, young children are prone to illness, especially those who do not regularly attend school or other activities outside of the home. By participating in any class or activity at The Happy Place, you acknowledge the contagious nature of illnesses (e.g. COVID-19, RSV, flu, common cold), and voluntarily assume the risk that your child(ren) and you may be exposed to or infected while participating in a class or event. You understand that The Happy Place cannot be held liable for any exposure to illness. You agree to each statement above and release The Happy Place from any and all liability for unintentional exposure or harm due to illness.

PHOTO RELEASE

·       By attending an event or class at The Happy Place, it is assumed that you consent to having you and your child's photo or video taken and acknowledge that these photos and videos may appear on social media, website, or other marketing use by The Happy Place. If you do not want your family's photos and videos taken, please let your teacher, or another staff member, know at the beginning of each class and event you attend. 

ALLERGEN POLICY

·       We do our best to omit nut and dairy products from our classes. However, we are not a fully nut nor dairy-free environment.

·       If your child has an allergy, please let a staff member know upon your arrival each time you attend The Happy Place so we can do our best to create the safest environment possible for your family. However, it is ultimately up to your family to take the necessary precautions to ensure your child's safety.

SOCKS AND SHOES

·       Shoes must be removed and socks must be worn by all over 12 months old.

·       If you forget socks, we offer some available for purchase.