Hi! We do require our visitors to sign a waiver before their first visit to PlayLab. Please review these terms, and sign at the bottom of this form:
PLAYLAB EAGLE ROCK WAIVER AND RELEASE FORM
ASSUMPTION OF RISK, RELEASE OF LIABILITY, & INDEMNITY AGREEMENT
I desire to use the facilities, play, and/or supervise my child playing (the “Activity”) at PlayLab Eagle Rock (the “Company”) located at 1431 Colorado Blvd, Eagle Rock, CA 90041 (the “Premises”). In consideration of being permitted by the Company to be on the Premises and engage in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”). This Release covers this visit and for any future visits.
1. Acknowledgement of Policies and Procedures: I understand that I am required to supervise my children at all times, and that the Company is not responsible for supervising children. I acknowledge that I am aware of and agree to all rules, regulations, and policies at the Company. I understand the Company reserves the right to revoke or terminate my use of the facilities at the Company for any violation of rules, regulations, or policies.
2. Assumption of Risk: I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. I am also aware of the highly contagious nature of bacterial and viral diseases including the 2019 novel coronavirus disease (COVID-19) (collectively, “Diseases”) and the risk that I may be exposed to or contract Diseases by engaging in the Activity, which may result in serious illness, personal injury, disability, death, and/or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Activity and the spread of Diseases, the Company cannot guarantee that I will not be injured or become infected with Diseases due to my participation in the Activity and that engaging in the Activity may increase my risk of contracting Diseases. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE ACTIVITY AND THE DISEASES, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
3. Release, Waiver, and Covenant Not To Sue: I will and hereby do release and discharge the Company, and its officers, directors, managers, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”) from any and all claims which I may have, or which I may hereafter have, whether known or unknown, on account of injury, disability, death, or property damage arising out of or attributable to engaging in the Activity and/or being exposed to Diseases on the Premises, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise (the “Released Claims”). I covenant not to make or bring any Released Claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This Release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.
I understand that by signing this release, I am waiving, relinquishing, and releasing any and all rights and benefits under Section 1542 of the California Civil Code or any analogous local, state or federal law, statute, rule order or regulation, with the understanding and knowledge of the significance of such specific waiver. In this regard, California Civil Code Section 1542 states as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Thus, notwithstanding the provisions of California Civil Code Section 1542, I expressly acknowledge and agree that the Released Claims are intended to include claims which I do not know or suspect to exist at the time of the execution of this Release and that this Release contemplates the extinguishment of those claims.
4. Representations: I represent that the following are true and accurate:
I am in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity.
I am not experiencing any symptoms of COVID-19 (including but not limited to cough, shortness of breath, or fever), do not have a confirmed or suspected case of COVID-19, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having COVID-19.
I am familiar with all federal, state, and local laws, orders, directives, and guidelines related to the COVID-19, including the Centers for Disease Control and Prevention (CDC) guidance on COVID-19. I will comply with all such orders, directives, and guidelines while on the Premises, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings.
I will also follow all instructions of the Company while on the Premises.
If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of a Disease, I will immediately discontinue further participation in the Activity
I acknowledge that the Company may use my contact information to contact me or local authorities in the event I may have been exposed to COVID-19 during my visit.
Neither I nor any of the people in my party is experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
5. Indemnity: I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to my engagement in the Activity and/or contraction or transmission of Diseases, including any claims arising out of my own negligence or the ordinary negligence of the Company.
6. Payment for Damages: I agree to pay for any and all damages to any property or equipment as a result of my actions, neglect, or recklessness and agree to be held liable for all such costs associated with such damages.
7. Insurance: I understand that I am solely responsible for any medical, health, or personal injury costs relating to the Activity.
8. Entirety of Agreement: This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
9. Severability: If any term or provision of this Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction.
10. Binding: This Release shall bind and insure to the benefit of the Company and me, our respective heirs, executors, administrators, successors, assigns, and conservators.
11. Choice of Law: All matters arising out of or relating to this Release shall be governed by and construed in accordance with California law without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
12. Dispute Resolution: Any claim, cause of action, or dispute arising from or relating to this Release must first be submitted to mediation. The parties agree to mediate in good faith and cooperate in selecting a mediation service, a neutral mediator, scheduling the mediation proceedings. If the parties are unable to resolve their dispute through mediation, either party may file suit in the federal or state courts located in Los Angeles County, California. The parties hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
I am the parent or guardian of the minor accompanying me. I hereby make and enter into each and every representation, waiver, release and indemnity described above on behalf of myself, on behalf of the minor, and on behalf of any other parent or guardian of the minor. I intend to give up my right, the minor’s right, and the right of any other parent or guardian to maintain any claim or suit against the Company arising out of the minor’s engagement in the Activities, including claims related to the Diseases. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE WAIVERS AND RELEASES, and I agree to indemnify the Company for all liability arising out of any lack of authority on my part to make such waivers and releases.