During this time where COVID-19 is prevalent, your health and safety are of our utmost importance. Although Kidz Kingdom LLC might not be able to provide absolute safety amongst our staff, employees, and participants, we assure you that safety precautions and strict compliance to the maintenance of personal hygiene are in place in order to protect everyone's health and to mitigate the risk of infection.

In this regard, please read and sign this Participant Risk Assessment and Liability Waiver Form in order to further proceed with the use of Kidz Kingdom LLC.

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Welcome to Kidz Kingdom LLC, the Southern Tiers premier place to party and play.  Our goal is to provide a safe, clean, and fun environment for children and families to exercise and have fun.

The undersigned represents that he/she is the parent or legal guardian of the participant(s) named.  In consideration of participating in all of the activities, including but not limited to main structure area, soft play toddler area, inflatable bouncers, and fun games, the undersigned acknowledges and agrees to the following:

 

1. There are inherent risks of physical injury from participating in physical activities, including all the activities at Kidz Kingdom LLC.  These risks include the potential for mild, serious and in very rare cases, catastrophic and permanent physical injury.  The undersigned, for himself/herself and for the participant(s) named: (i) knowingly, fully and freely assumes all such risks, both known and unknown; (ii)  assumes full responsibility for himself/herself and the participant(s) named while participating at Kidz Kingdom LLC; and (iii) waives, to the maximum extent permitted by law, all claims for damage to person or property loss whether arising from (a) negligence or carelessness on the part of Kidz Kingdom LLC or other participants, or (b) dangerous or defective equipment.

 

2. The undersigned, for himself/herself and for the participant(s) named, willingly agrees to comply with the directions and requests of Kidz Kingdom LLC’s staff.  The undersigned agrees to follow all verbal instructions and warnings, all posted signs and equipment restrictions.  If the undersigned observes any hazard(s) during his/her presence or participation, the undersigned shall remove himself/herself and the participant(s) named from the activities and immediately bring said hazard(s) to the attention of any Kidz Kingdom LLC staff member.  I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

 

3. The undersigned, for himself/herself, for the participant(s) named, and for the respective heirs, successors, assigns, executors, representatives and next of kin of each of the undersigned and participant(s) named, hereby: (i) waives, to the maximum extent permitted by law, any and all claims against Kidz Kingdom LLC and its respective managers, members, owners, agents, employees, other participants, and sponsoring agencies arising out of or relating to participation in any and all Kidz Kingdom LLC activities, parties, the use of the facilities, inflatable bouncers, playground equipment and/or game equipment; and (ii) agrees to release, defend, indemnify, discharge, and hold harmless Kidz Kingdom LLC, its managers, members, owners, agents, and employees from and against, damages, costs (including attorney’s fees), injuries or liabilities, including but not limited to death, disability, personal injury, property damage, theft or actions of any kind arising out of or relating to participation in any and all Kidz Kingdom LLC programs, activities, arties, the use of the facilities, inflatable bouncers, playground equipment and/or game equipment.

 

4. The undersigned certifies that he/she is and the participant(s) are of physical ability to participate in the activities at Kidz Kingdom LLC and that the participant possess a sufficient level of skill for participation; has no health problems that would increase his/her risk for injury during participation, and that it is the participant’s duty to cease activity immediately and to inform staff if he/she feels any unusual discomfort or is injured during participation.

 

5. The undersigned conforms that this is the entire agreement and cannot be modified or changed in any way by representations or statements by any agent or employee of Kidz Kingdom LLC.  The undersigned understand that if legal action is brought, the appropriate trial court for Broome County in the state of New York or United States District Court for the Western District of New York has the sole and exclusive jurisdiction and that only the substantive laws of the State of New York shall apply.  The undersigned further expressly agrees that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 

6. The undersigned is over the age of eighteen and has read, agrees to and understands the provisions of this Release and Waiver.  The undersigned hereby executes this Release and Waiver without coercion.  The undersigned acknowledges that this Release and Waiver will be used and relied upon by Kidz Kingdom LLC and that it will govern the undersigned’s actions and rights.  The undersigned confirms that he/she has explained the risks of the activity to the participant and that each participant understands the inherent risks and assumes those risks.  I acknowledge and confirm that I am aware and confirm that it is my responsibility to supervise the participant at all times during his/her time at Kidz Kingdom LLC and not expect that Kidz Kingdom LLC’s staff will supervise the participant for me.

 

I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.

 

BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) TO SUE KIDZ KINGDOM, LLC FOR ANY ILLNESS AND INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF KIDZ KINGDOM LLC, INCLUDING ANY OF ITS OWNERS, AFFILIATES, AGENTS, EMPLOYEES AND EQUIPMENT SUPPLIERS.