I understand and confirm that an agreement exists between Kinderland Cafe LTD ("Kinderland") and myself, by which, I, in my capacity as an individual and my representative capacity if the minor child (or children) listed below, intend to be legally bound. The terms of the agreement are as follows:
1.- I am the parent or legal guardian of the child (or children) named below, or I have obtained permission from the parent or legal guardian of the child (or children) named below to execute this agreement on their behalf.
2.- I acknowledge and understand that there are risks of injury associated with the participation in Kinderland activities and the use of play area. These risks include but are not limited to contusions fractures, scrapes, cuts, bumps, paralysis and death. To minimize risk, I agree that the child (or children.) named, and I shall comply with all the rules and regulations required for the participation in any party and/or open play.
3.- On behalf of myself and on behalf of the minor child (or children) in my charge, willingly assume the risks associated with participation. I further understand the possibility of risk injury that may arise due to the willful, negligent, or grossly negligent acts of third party participants. I hereby discharge Kinderland, their predecessors, parents, subsidiaries, affiliates, officers, property owners and employees, from all obligations arising from injuries occurring because of the risks associated with participation and the risks associated with the actions of third party participants.
4.- I agree on behalf of myself, the minor child (or children) listed, our heirs, assigns, representatives and next to kin, to hold harmless and indemnify Kinderland, predecessors, parents, subsidiaries, affiliates, officers, landlords and employees, from all obligations arising from injuries occurring as a result of the risks associated with participation including those injuries that are the result of negligence.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. Kinderland has put in place preventative measures to reduce the spread of COVID-19; however, Kinderland cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Kinderland could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Kinderland and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Kinderland may result from the actions, omissions, or negligence of myself and others, including, but not limited to, volunteers, and other participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Kinderland. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Kinderland, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Kinderland, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Kinderland activities.
CHILDREN MUST BE SUPERVISED BY AN ADULT AT ALL TIMES
I am over the age of eighteen, and have the competency required to execute a legally binding agreement. I hereby execute this agreement without coercion and with the intent to be bound by its terms. This agreement is valid 5 years from signed date.