KIDS EMPIRE
ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of being permitted by Kids Empire Texas LLC (“Kids Empire”) to participate in the activities and use the equipment and facilities of Kids Empire, now and in the future, I, the undersigned, on behalf of myself and, if applicable, any minor children (or wards) named in the sign up flow, hereby agree as follows:
1. Assumption of Inherent Risks and Dangers. I acknowledge and agree that playgrounds and gyms for adults and children entail certain risks that cannot be eliminated without jeopardizing the essential qualities of the activities and regardless of the care taken by Kids Empire. Children and adults running, jumping, bouncing, flipping, and diving in an energetic and crowded environment can be exposed to the risk of minor injuries such as cuts and bruises, as well as more serious injuries, disability, property damage, or even death. I ACKNOWLEDGE THAT ANY INJURIES SUSTAINED MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS OR NEGLIGENCE OF KIDS EMPIRE, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF KIDS EMPIRE. NOTWITHSTANDING THE RISK, I HEREBY ASSERT THAT MY, AND IF APPLICABLE, MY CHILD’S, USE OF THE KIDS EMPIRE FACILITIES AND EQUIPMENT AND PARTICIPATION IN THE ACTIVITIES AT KIDS EMPIRE IS VOLUNTARY AND THAT I KNOWINGLY ACCEPT AND ASSUME ANY AND ALL INHERENT RISKS OF INJURY, DISABILITY, DEATH AND/OR PROPERTY DAMAGE FROM MY PARTICIPATION IN SUCH ACTIVITY EVEN IF CAUSED BY NEGLIGENCE OF KIDS EMPIRE.
2. Parent/Guardian Responsibilities. I agree that I am responsible for my minor child’s conduct and activities at Kids Empire, and I am responsible that he/she comply with all established rules, protocols and directions of Kids Empire staff. If my child has special needs or has a disability, I agree that I will be responsible for supervising him/her to ensure that he/she will only participate in those activities within his/her capabilities.
3. Indemnification. I hereby agree to release, hold harmless, defend and indemnify Kids Empire, its licensees, franchisees, owners, shareholders, members, partners, employees, directors, officers, managers, agents, volunteers, manufacturers, participants, lessors, affiliates, subsidiaries, related and affiliated entities, successors and assigns (collectively, the “Released Parties”) from any and all direct or third party claims, costs, or expenses (including reasonable attorneys’ fees) arising from my, and if applicable, my child’s injury, loss, or death due to the use of the facilities and equipment of Kids Empire and the participation in activities and related presence on the premises of Kids Empire (including, without limitation, those arising from the inherent risks of such activity or the ordinary negligence of any or all of the Released Parties or other third parties, including, without limitation, other attendees at the Kids Empire facilities).
4. Covenant Not to Sue. EXCEPT AS EXPRESSLY SET FORTH HEREIN, I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE RELEASED PARTIES ON ACCOUNT OF INJURY, DEATH, PROPERTY DAMAGE OR LOSS ARISING OUT OF OR ATTRIBUTABLE TO MY OR MY CHILD’S USE OF THE FACILITIES AND EQUIPMENT OF KIDS EMPIRE AND/OR PARTICIPATION IN ACTIVITIES AND RELATED PRESENCE ON THE PREMISES OF KIDS EMPIRE, WHETHER ARISING OUT OF THE NEGLIGENCE OF THE RELEASED PARTIES OR ANY RELEASING PARTY OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST KIDS EMPIRE OR ANY OTHER RELEASED PARTY, AND FOREVER RELEASE AND DISCHARGE KIDS EMPIRE AND ALL OTHER RELEASED PARTIES FROM LIABILITY UNDER SUCH CLAIMS.
5. Medical Treatment Release. I am, and, if applicable, my child is, in good health, and have (and has) no special health problems or issues. I authorize for myself and, if applicable, my child, a medical care provider to carry out any emergency medical care which may be necessary and I agree to be fully responsible for any associated costs and expenses. I further agree that the medical expenses that may be incurred will be submitted to the applicable healthcare plan for payment or reimbursement, and that I waive any subrogation rights of the health care plan. I acknowledge that the Released Parties shall have no duty, obligation, or liability arising out of the provision of, or failure to provide, medical treatment.
6. No Representations by Kids Empire. I acknowledge that Kids Empire makes no representation as to the condition of the premises or the safety of the activities, facilities, or equipment. I accept and shall use the facilities and equipment in "AS IS" condition. I acknowledge and agree that I am not relying upon any representation or statement by Kids Empire or Kids Empire employees, agents, sponsors, or representatives regarding this Agreement or the facilities or equipment.
7. Photography and Video Release. I grant Kids Empire, its parent company and all licensees and affiliated companies and entities, the right and permission to photograph and/or record me and, if applicable, my child, to use such photographs and recordings for all purposes, including, without limitation, advertising and promotional purposes, in any manner in any and all media now or hereafter known or discovered, in perpetuity throughout the world, without limitation or restriction. I hereby waive any right to inspect or approve such photographs and any changes or alterations thereto or the use thereof, and I acknowledge and agree that the rights granted pursuant to this provision are without compensation of any kind.
8. Mediation or Arbitration. I agree that if any dispute shall arise from this Agreement or from my or, if applicable, my child’s use of the facilities and equipment of Kids Empire or participation in the activities and related presence on the premises of Kids Empire, I shall first engage in good faith efforts to mediate the dispute. Such mediator shall be licensed or certified in the State of Texas and I agree to equally share the mediator’s costs and expenses. Any agreement reached will be formalized by a written agreement at that time. Should the issue not be resolved by mediation, I agree that all claims and disputes arising under or relating to this Agreement or the use of the facilities and equipment of Kids Empire or participation in the activities and related presence on the premises of Kids Empire are to be settled by binding arbitration in the State of Texas, with the parties equally sharing the costs and expenses. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in any Texas State Court.
9. Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
10. Choice of Law. This Agreement shall be interpreted and governed by the laws of the State of Texas, without giving effect to that State’s choice of law rules.
11. Application of this Agreement. I acknowledge that this Agreement will apply for each and every time I or my child uses Kids Empire’s equipment or facilities or participates in any of its activities.
12. Entire Agreement. This Agreement is the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings regarding the subject matter hereof which are merged herein.
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I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM RELEASING CERTAIN LEGAL RIGHTS I MAY OTHERWISE HAVE, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE BELOW, THAT THIS AGREEMENT BE A COMPLETE AND UNCONDITIONAL RELEASE OF THE RELEASED PARTIES FROM ALL LIABILITY, INCLUDING, WITHOUT LIMITATION, THAT DUE TO INHERENT RISKS OF THE ACTIVITIES DESCRIBED HEREIN AND THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, TO THE GREATEST EXTENT ALLOWED BY THE LAWS OF THE STATE OF TEXAS.
[Date and Signature of Parent or Guardian]