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Please take your time and read this agreement very carefully.
What you are about to read and are required to sign to participate is a waiver and release of liability. Upon signing it, you will give up your right to sue Alpha Kidz Indoor Playground (from here on referred to as AKIP) or anyone associated with AKIP such as its agents, owners, shareholders, directors, partners, employees, volunteers, manufacturers, participants, lessors, its subsidiaries, related and affiliated entities, successors and assigns (the Released Parties) for injuries or losses you might suffer while using AKIP facilities. In short, you cannot recover any money from AKIP or the Released Parties if you are hurt emotionally or physically while participating in activities at AKIP.
Release of Liability, Waiver of Claims, Assumption of Risk, Covenant Not to Sue and Hold Harmless Agreement
You as used herein, include the participant as well as his or her heirs, executors, dependents, beneficiaries and assigns, including but not limited to spouses and domestic partners. By signing this agreement, you are signing on behalf of the above listed persons and your signature shall be considered binding upon them.
COVID-19 Risks
COVID-19 is extremely contagious and is known to spread mainly by contact from person to person. Consequently, local, provincial and federal governmental authorities have recommended various measures and prohibited a variety of behaviors in order to reduce the spread of the virus. The Park commits itself to comply with the requirements and recommendations of the public health and other governmental authorities, and to put in place and adopt all necessary measures to that effect. However, please understand that the AKIP cannot guarantee your child will not be exposed to or become infected with COVID-19. Further, attending the facility could increase your child’s risk of contracting COVID-19, despite all preventative measures put in place.
By signing this document, I acknowledge the highly contagious nature of COVID-19, even without a carrier showing symptoms, and I voluntarily assume the risk that my child could be exposed or infected by COVID-19 while attending the Park. I am aware of the risks, dangers and hazards associated with COVID-19 and I freely accept and fully assume, on behalf of myself and on behalf of my child, all such risks, dangers and hazards, including the possibility of personal injury, illness, permanent disability, or death. Further, I acknowledge and confirm that I am willing to accept these risks, dangers and hazards as a condition of attending the Park.
I understand that while present in the AKIP my child will be in contact with children and employees who are also at risk of community exposure. I understand that no list of restrictions, guidelines or practices will remove 100 percent of the risk of exposure to COVID-19.
You will not be allowed to participate in any activities at AKIP without this signed waiver.
I understand that signing this document will prevent me, my heirs, executors, dependents, beneficiaries, and assigns from suing AKIP, its officers, directors, members, employees, agents or guests for any injuries including death and paralysis, or damages that I might receive while participating in any activities at AKIP.
Assumption of Risk
By using the equipment and facility, I assume all risks, whether known or unknown, of injury, including death, disability, illness or damage to my property. Under no circumstance will AKIP take responsibility for any lost, missing, or stolen personal property or otherwise and no monetary compensation is possible.
Release of Liability, Waiver of Claims,Assumption of Risk and hold harmless agreement is given in consideration for my participation. I recognize that AKIP could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to use AKIP facilities, I release AKIP and anyone associated with AKIP, including without limitation its officers, directors, staff, agents, guests and their third parties as well as the released enumerated elsewhere in this document, from all liability, and knowingly, intentionally and voluntarily waive all claims, demands or causes of action of any kind whatsoever, including but not limited to claims of negligence, which may arise as a result of my participation in AKIP facilities or equipment.
Covenant not to sue is given in consideration for my participation and use of AKIP environment and facilities. I will not sue AKIP or anyone associated with AKIP, including without limitation its officers, directors, employees, guests as well as the released parties enumerated elsewhere in this document, for any injuries, illness, death, damages or other relief that I may claim that arise out of my participation in AKIP facilities or equipment.
Code of Conduct: I agree to follow and abide by the rules set forth by AKIP and use good judgement and act in a responsible manner to ensure safety for myself, child and those I am responsible for. I understand that it is my sole responsibility to supervise every activity of my child while in the facility of AKIP.
The laws of the Province of Ontario shall govern this Agreement.
Severability: If for any of this Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect.
I am fully aware of the content of this Agreement and release and have read and understand all the terms. The terms of this Agreement bind me, my family (including but not limited to spouses and domestic partners) heirs, executors, administrators, dependents, beneficiaries and assigns.