RELEASE AND WAIVER OF LIABILITY AGREEMENT
WHEREAS, Thunder Bear’s Discovery Den LLC (“DISCOVERY DEN”) is the operator of property located at 8836 US Highway 19, Unit 4, Port Richey, FL 34668 (“Premises’), including but not limited to all common areas and facilities that service DISCOVERY DEN, and is willing to permit the individuals signing this Agreement to use the Premises for the purpose of open play and classes, upon the terms and conditions of this Agreement.
In consideration for being provided access to and use of the Premises, each person signing below hereby stipulates and agrees:
Use of Premises. I understand and agree that I may only use the Premises for the purposes set forth in this Release and Waiver of Liability agreement during your child’s scheduled open play session and/or class. I further agree that I am responsible for the proper use and care of the Premises and any of DISCOVERY DEN’S property thereon, and that I will be liable for the replacement cost of any DISCOVERY DEN property which is damaged, destroyed or lost. I also agree to clean up and restore the Premises, including but not limited to the common areas servicing DISCOVERY DEN, after I am done using the Premises as permitted in this agreement and to restore the Premises as stated above to the same condition in which it was provided to me.
Assumption of Risk. I understand and acknowledge that the activities that take place on the Premises may be dangerous and may involve the risk that I and/or my child will sustain serious injury, temporary or permanent disability, death, and/or property damage. Although parents are required to be with their child, I understand that some activities that take place on the Premises may not be supervised by a parent and that the DISCOVERY DEN of the Premises does not provide medical services. I further acknowledge that any injury I may sustain while on the Premises may be compounded by negligent or delayed medical service. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF AND PARTICIPATION OF ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release DISCOVERY DEN and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises, whether caused by the negligence of the DISCOVERY DEN or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Premises.
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Photo/Video Release. I consent to DISCOVERY DEN, the absolute, irrevocable, royalty-free, perpetual right and permission to use any and all photographs, videotape, likeness, voice, or other recordings (“Materials”) of myself and or my child in connection with my participation at DISCOVERY DEN. I am fully aware that my likeness may appear in marketing and advertising materials available to the public. I waive the right to inspect or approve the finished images, videotape, digital recording, advertising copy, printed matter, or other content including advertising copy or printed matter, incorporating any materials or otherwise in which they may be used or to any eventual use. I further hereby waive any and all rights to any compensation associated with DISCOVERY DEN’S use of the materials. I release any and all claims, demands, damages, and causes of action of any nature that I have or may hereafter have against DISCOVERY DEN, its affiliates, employees, and agents arising out of or in connection with my participation or attendance at DISCOVERY DEN, including but not limited to, any claims for defamation, invasion of privacy, invasion of right to publicity, misappropriation of likeness, inflection of emotional distress, negligence, any right, title or interest in the Materials, or any other physical or monetary injury.
Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises.
Indemnification. I hereby agree to defend, indemnify and hold harmless DISCOVERY DEN and the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Premises or participation in any activities on the Premises.
Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises and that DISCOVERY DEN will not be responsible for or provide any security for my property and personal belongings.
No Representations by Discovery Den. I acknowledge that DISCOVERY DEN makes no representation as to the condition of the Premises or the safety of any structures or equipment that may be used at the Premises. I accept and shall use the Premises in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the DISCOVERY DEN or the DISCOVERY DEN’S employees, agents, or representatives regarding this agreement or the Premises, except to the extent such representations are expressly set forth in this agreement.
Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release
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and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Pasco County, Florida.
Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be 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.
Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.