Waiver
PLAYTIME AND COMPANY LLC
ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
In consideration of being permitted by Playtime and Company LLC ("Playtime and Company") to participate in activities and use the equipment and facilities of Playtime and Company, 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 that indoor play environments and recreational spaces carry certain inherent risks that cannot be eliminated, even with reasonable care. Activities involving running, jumping, climbing, and interacting with equipment or other participants can result in minor injuries such as bruises or cuts, and in rare cases, more serious injuries including disability, property damage, or death.
I UNDERSTAND AND ACCEPT THAT INJURIES MAY RESULT FROM THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF PLAYTIME AND COMPANY STAFF OR OPERATIONS, INCLUDING EMERGENCY RESPONSE.
I VOLUNTARILY ASSUME ALL SUCH RISKS on behalf of myself and, if applicable, my child(ren), including those arising from the ordinary negligence of Playtime and Company.
2. Legal Authority and Responsibility
I represent that I am the legal guardian of the child(ren) named below or have obtained proper authorization from their legal guardian to sign this agreement on their behalf. I agree that both I and the child(ren) will follow all posted and communicated rules, safety signage, and instructions from Playtime and Company staff as a condition of participation.
3. Physical Condition and Supervision
I certify that I and my child(ren) are physically fit to participate in the activities offered at Playtime and Company and have not been advised otherwise by a medical professional. I accept full responsibility for the supervision, conduct, and safety of my child(ren) while at Playtime and Company. If my child has a disability or special needs, I understand I am solely responsible for ensuring their participation is appropriate and safely supervised.
4. Conduct and Facility Rules
I agree to follow all posted and verbal safety rules and policies provided by Playtime and Company staff. If I observe any hazard or injury, I will promptly report it to a staff member. I understand that I am financially responsible for any damage caused by my or my child(ren)’s negligent, reckless, or willful actions.
Rules include, but are not limited to:
• Shoes are not permitted on the play floor; socks must be worn at all times.
• Children must be supervised by an adult at all times.
• Food and beverages are not allowed on the play floor.
• Participants must treat others, the staff, and the facility with respect.
Playtime and Company reserves the right to remove any individual who fails to comply with these rules without reimbursement.
5. Indemnification
I agree to release, hold harmless, defend, and indemnify Playtime and Company, its owners, officers, members, employees, contractors, agents, affiliates, volunteers, and any associated entities (collectively, the "Released Parties") from any and all claims, costs, expenses, or liability (including attorneys’ fees) arising from injury, death, loss, or property damage related to my or my child’s use of Playtime and Company’s facilities and participation in its activities—even if arising from the ordinary negligence of the Released Parties.
6. Covenant Not to Sue
I hereby waive and release any and all present and future claims against the Released Parties arising out of or related to injury, death, or property loss incurred through participation in any activities or presence at Playtime and Company. I agree not to initiate any claim or legal proceeding against Playtime and Company or any Released Party.
7. Medical Treatment Release
I confirm that I, and my child(ren), are in good health and able to participate in the activities. I authorize emergency medical care for myself or my child(ren) if necessary, and accept full responsibility for any costs incurred. I waive any subrogation rights of my or my child’s health insurance provider.
8. No Representations
I understand that Playtime and Company makes no warranties about the condition or safety of the equipment, facilities, or premises, which I accept "AS IS." I am not relying on any verbal or written representations not explicitly stated in this waiver.
9. Photography and Video Release
I grant Playtime and Company the right to photograph or record me and/or my child(ren) for promotional and advertising purposes, without compensation. These images or recordings may be used in any media, in perpetuity, worldwide. I waive the right to inspect or approve final use.
10. Mediation and Arbitration
In the event of a dispute, I agree to first attempt to resolve the matter through mediation with a licensed mediator in the State of Minnesota, sharing mediation costs equally. If mediation fails, the dispute shall be resolved through binding arbitration in Minnesota under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be confidential and final, and may be confirmed in any Minnesota court.
11. Severability
If any part of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Governing Law
This Agreement shall be governed by and interpreted according to the laws of the State of Minnesota.
13. Ongoing Agreement
This Agreement shall apply each time I or my child(ren) use Playtime and Company’s facilities or participate in its activities, without requiring additional signature.
14. Entire Agreement
This document constitutes the entire agreement regarding the subject matter and supersedes all prior agreements, representations, or understandings.
ACKNOWLEDGEMENT
I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING IT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PLAYTIME AND COMPANY LLC.
I SIGN THIS DOCUMENT FREELY AND VOLUNTARILY.