Brooklyn Kids Club LLC - Fun Island is a business that provides enjoyable, supervised recreational activities for youngsters up to 12 years old. Toddlers must be accompanied by a parent supervising. The business is opening in two phases.
Phase One
Some of the activities and services offered include birthday and other parties for children, children's special events, a toddler area, and parent’s night out. Equipment such as basketball hoops by Popshot, an air hockey table, car racing seat/arcade, children's pretend builders set, children's pretend ice cream, children's pretend kitchen, soft play stepping stones, wall rock climbing, slide, ladder leading up to the slide, and parallel rope climbing up the slide, and other age-appropriate equipment are available. Supervisors will organize games for the kids or the kids are free to play with some of the equipment on their own. Snacks and an ice cream parlor are available. Participants in FUN ISLAND will have the opportunity for wholesome recreational activities that provide 1) fun experiences, 2) opportunity to play with others, 3) physical fitness development, and 4) help ward off childhood obesity.
While the many benefits of these activities are apparent, FUN ISLAND- Brooklyn Kids Club LLC and its staff regard participant safety as a priority and feel it is important that the PARENT/GUARDIAN understands that there are inherent risks in all physical activity. FUN ISLAND- Brooklyn Kids Club LLC takes care to reduce the risks associated with the many physical activities offered at the facility. Nevertheless, regardless of the care taken to provide safe activities and to avoid injuries, all risk of injury can never be totally eliminated. A few examples of the inherent risks include Equipment/Facility Risks: such as uneven or slick playing surfaces; collision with stationary objects; being hit by a thrown object; tripping on equipment; unforeseeable equipment failure; and known and unknown facility hazards or defects. Activity Risks: such as being kicked; collisions with others; careless, erratic, or negligent acts by a child or parent; falls; and exposure to and contraction of contagious diseases such as influenza, COVID-19, and other infections. Supervisor Risks: such as errors in judgment by FUN ISLAND - Brooklyn Kids Club LLC personnel -- including, but not limited to, misjudging participant ability or fitness level; failure to give adequate warnings or instructions; failure to recognize a dangerous condition or activity; and momentary concentration lapses or distractions while supervising. In addition, Risks to Observers (minors, parents, guardians, or other adults) include many or most of the risks listed above for the participant.
FUN ISLAND- Brooklyn Kids Club LLC feels that it is important that the PARENT/GUARDIAN understands that three types of injuries can occur in any physical activity. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, sprains, abrasions, minor cuts, and bruises. Serious injuries are rare, but can occur occasionally in any physical activity. They include, but are not limited to, broken bones, sprains,concussions, joint injuries, eye injuries, and internal injuries. Catastrophic injuries are very rare even in the riskiest of sport or recreational activities, but FUN ISLAND - Brooklyn Kids Club LLC feels that every PARENT/GUARDIAN should be aware of the slight possibility. These infrequent injuries include permanent disability, paralysis, and even death.
Assumption of Inherent Risks: I, the PARENT/GUARDIAN, assert that I am the parent or legal guardian of the listed minor participant(s) and have been reminded of and understand that all FUN ISLAND- Brooklyn Kids Club LLC activities include inherent risks that cannot be totally eliminated. I know, understand, and appreciate the types of injuries inherent in FUN ISLAND activities and assert that the participation of my child(ren) is voluntary. I, on behalf of myself and my child(ren), knowingly assume all inherent risks of the activity.
Waiver of Liability for Ordinary Negligence of FUN ISLAND- Brooklyn Kids Club LLC : In consideration of permission for my child(ren) to participate in FUN ISLAND Brooklyn Kids Club LLC activities, today and on all future dates, I, the PARENT/GUARDIAN, on behalf of myself, my spouse, heirs, child(ren), executors, personal or legal representatives, and assigns (hereafter referred to as the Releasing Parties) do hereby waive, release, covenant not to sue, and discharge FUN ISLAND- Brooklyn Kids Club LLC , all partners and owners, directors, board members, employees, volunteers, independent contractors, agents, equipment suppliers, venue owners, other participants (hereafter referred to as the Protected Parties) from liability from any and all claims, demands, and actions of every name and nature including those involving injury or loss to my child(ren) or myself (while on the premises) arising from the ordinary negligence of the Protected Parties.
This agreement applies to 1) personal injury (including death) to my child(ren) or myself or my spouse from incidents or illnesses (including COVID-19, influenza, and other diseases) arising from FUN ISLAND - Brooklyn Kids Club LLC activities, including, but not limited to: parties, special events, & free play; while as a participant, observer or spectator; and individual use of all facilities. This applies to all facilities, equipment, and premises including reception & snack areas, sidewalks, restrooms, locker rooms, and parking lots and to 2) any claims resulting from the damage to, loss of, or theft of property.
Indemnification: I, the PARENT/GUARDIAN, also agree to hold harmless, defend, and indemnify Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties or others acting on behalf of the participant or PARENT/GUARDIAN, arising from participation in FUN ISLAND - Brooklyn Kids Club LLC activities, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties).
I, the PARENT/GUARDIAN further agree to hold harmless, defend, and indemnify Protected Parties against any and all claims of co-participants, rescuers, and others arising from the conduct of me or my child(ren) in FUN ISLAND Brooklyn Kids Club LLC activities.
Clarifying Clauses: I, the PARENT/GUARDIAN confirm:
1) This agreement supersedes any previous oral or written promises or agreements. I affirm this is the entire agreement between me and FUN ISLAND and that it cannot be modified by representations or statements by any agent of FUN ISLAND BROOKLYN KIDS CLUB LLC
2) The foregoing Assumption of Risk, Waiver of Liability, Indemnification Agreement, and Covenant Not to Sue 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 continue in full legal force and effect.
3) Either the appropriate state court serving Kings County, New York, or the U.S. District Court - Eastern District of New York has the sole andexclusive jurisdiction and only the substantive laws of the State of New York shall apply.
Waiver of Jury Trial
This is a waiver of my constitutional right to a trial by jury for any and all causes of action arising from participation in FUN ISLAND BROOKLYN KIDS CLUB LLC activities or regarding this document. I knowingly and voluntarily agree that any such dispute will be resolved by a bench trial (i.e., trial by judge).
Acknowledgements that Help to Insure Maximum Participant Safety:
· The PARENT/GUARDIAN affirms that his or her child(ren): 1) Possess no health problems or physical disabilities that would make participation unwise or risk injury; 2) Has had no known exposure to Covid and has exhibited no symptoms of the disease; and 3) Possess sufficient skills, coordination, and fitness to safely participate.
· The PARENT/GUARDIAN Authorizes: 1) first aid, 2) CPR, 3) EMS contact by FUN ISLAND BROOKLYN KIDS CLUB LLC staff, 4) agrees to pay for EMS services & transport if it is needed, and 5) and will report all injuries so that FUN ISLAND may make a record of the injury.
· The PARENT/GUARDIAN agrees 1) to instruct the child(ren) to follow all rules of the activity and of FUN ISLAND; 2) that FUN ISLAND has authority to terminate my child(ren)’s participation if it endangers the child(ren) or others; and 3) to supervise his or her child(ren) at all times if parent is present.
Acknowledgment of Understanding: I, the PARENT/GUARDIAN, have read and understand this Agreement. I understand that I am giving up substantial rights, including the rights of my child(ren) and myself to sue for damages in the event of death or injury to my child(ren) or me. I assert that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to inherent risks or ordinary negligence by the Protected Parties, to the greatest extent allowed by law of the State of New York. Additionally, I assert that
1) I have instructed my child(ren) to obey all rules and supervisor instructions and
2) I have explained the risks of the activity to my child(ren) and that each understands the risks.
I certify that I am the parent or legal guardian of the child(ren) listed below: