Innovative Sensory Center Inc. requires that all adult participants, as well as any minors/ or adults with a disabilty who requires a guardian to sign on their behalf, sign this release and waiver agreement. The adult participant, acting as legal guardian for a minor or adult with disabilities, is identified below and is signing in favor of on behalf of and as parent or legal guardian for such child/adult with a disability, is identified below in favor of Innovative Sensory Center Inc.. Collectively the adult participant and child/adult with a disbility, their heirs, successors, and assigns are hereinafter referred to as "The participant". In consideration of Innovative Sensory Center Inc. permitting the participant to enter the premises and participate in the activities that may occur at 2100 Middle Country Road, Centereach, Suite 207 B "Premises", The participant agrees as follows:
Innovative Sensory Center Inc. operates a sensory center/gym, which offers its participants the opportunity to participate in sensory based, physical activities, including, but not limited to, jumping, crashing, swinging, climbing, bouncing, balancing, physical execise and other types of sensory based activities as well as special workshops, bonus classes, birthday parties, and family fun activities.
Terms and conditions
All participants must sign this waiver and complete the registration form which will remain on file. The participant may access the scheduling form and choose up to 8 sessions per scheduling form. Participants are responsible for scheduling and payment 24 hours prior to their scheduled session. Sessions are at a first come first serve basis and when maximum capacity has been reached the session will no longer be available on the scheduling form. Parents or guardians must remain on the premisis in the designated waiting area unless session is labeled a drop off session. Participants taking part in the sessions that require parental involvement will require 1 adult to shadow the child/adult with disibilites through the session as support. If the instructor notices that the level of support differs from what the participant has been registered for, the instructor will recommend a change in the type of session for future sesssions.
Once a session has been paid for, if there is undforseen circumstance causing the participant to miss their scheduled session, 24 hour notice is requested however, if that is not possible, an email as soon as possible is required to allow for the spot to be utilized by another participant. The session will be rolled over for future use at the owners discretion. Rollover sessions are is not unlimited and are for emergency situations only.
The goal of the sesnsory based sessions is for a calming and regulating environment which requires minimal conversation among adults/staff. Should detailed conversation be necessary, a schedules time can be arranged a few minutes before or after the session with advanced noticed via email.
Participant Aggreement
- Participant shall obey all rules while participating in the activities and alert the staff of any rules violations or dangerous behavior.
-Participants must take their shoes off and wear slip grip socks to utilize the equipment. Socks will be available for purchase and can be reused for future sessions.
- During the sessions the participants will move through the centers at the sound of the timer and will be encouraged to stay at their designated center until the timer sounds.
-Modifications may be made upon the instructors discretion for the sake of sucees within the session and for the needs of the children on an individual basis.
-If a participant becomes disruptive and exhibits behaviors that become difficult to manage, the responsible party shall remove them from the room and assitst them in moving past their difficulties to rejoin the group.
- Participant will be prompt to the session as the session is only 1 hour and roatation through centers will be timed for structure.
- Participant must posses a sufficient level of skill for safe participation in the activities.
-Participant shall only attempt activities that the participant can perform safely.
- Participant is not aware of any health problems that would prevent him/her from participating in the activities.
- The participant will discontinue participation in the activities if he/she feels any unusual discomfort (e.g., Anxiety, shortness of breath, faintness, chest pains).
- Innovative Sensory Center Inc. may, but shall not be obligated or required to, administer to participant emergency aid, CPR, and use an AED (defibrillator), secure emergency medical care or transportation (i.e., EMS), and Participant shall assume all costs of emergency medical care and transportation.
Assumption of risks
The participant acknowledges it is impossible to eliminate all risk of injury and understands the demands of the activities in relation to the participant’s physical condition and level of abilities.
The participant agrees that participation in the activities is on a voluntary basis and understands that there are potential risks and or injury that may be associated with the activites including but not limited to, equipment malfuction, effective design or manufacture of equipment, improper installation of the equipment; Injuries that may occur include, but not limited to, cuts, scrapes, bruises, sprains, strains, broken bones, materials such as moon sand or other tactile sensory matter in eyes, collisions with other participants, concusions, and other physical/emotional injuries. The participant assumes all risks associated with the activities at Innovative Sensory Center Inc.
Exposure to viruses, unknown contagious diseases and/or bacteria and fungus
Upon entering the premises or when engaging in the activities, there is a risk of exposure to viruses, unknown contagious diseases, COVID-19, bacteria and fungus, which the cleaning disinfecting and sanitizing practices of Innovative Sensory Center Inc., may not eliminate.
Consequently, partcipants fully assume the risk of, releases and will release Innovative Sensory Center Inc. from all claims or bodily injury resulting from the participant's exposure to any virus's, unknown contagious diseases, COVID-19, bacteria or fungus and in no way are connected to the participant's entry into the premises. Participants may be denied entry or be asked to leave the premisis if they exhibit symptoms of exposure to viruses, unknown contagious diseases, COVID-19 bacteria or fungus.
Release
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ADULT PARTICIPANT ON BEHALF OF HIMSELF/HERSELF, AND HIS/HER CHILD PARTICIPANT(S), RELEASES AND INNOVATIVE SENSORY CENTER, THE LEGAL OWNER OF INNOVATIVE SENSORY CENTER INC., THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, DIRECTORS, MANAGERS, PARTNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL LISTED ABOVE (COLLECTIVELY, SHALL BE RERRED TO AS THE “RELEASED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COURT OR OTHER COSTS). CLAIMS RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO SAID PARTICIPANT(S) RESULTING IN ANY WAY FROM PARTICIPANT’S USE OF THE PREMISES, PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, LOSS OR THEFT OF PERSONAL PROPERTY AND PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE SHALL APPLY EVEN IF ANY CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ADULT PARTICIPANT ON BEHALF OF HIMSELF OR HERSELF, AND HIS OR HER CHILD/YOUNG ADULT CHILD PARTICIPANT(S), RELEASES, AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE PROTECTED PARTIES FROM AND AGAINST ALL CLAIMS OF ANY THIRD PARTY RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) PARTICIPANT’S USE OF THE PREMISES, PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES AT INNOVATIVE SENSIORY CENTER, LOSS OR THEFT OF PERSONAL PROPERTY, PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS INDEMNITY SHALL APPLY EVEN IF THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES. THE INDEMNITY SHALL ALSO INCLUDE THE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD/YOUNG ADULT CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD/YOUNG ADULT CHILD PARTICIPANT.
Resolution Dispute
Any dispute or claim relating to this agreement, breach of agreement, the premises, activities, property damage, personal injury (including death), or dispute shall be brought by the parties in their individual capacity and not as a plaintiff or class member. Any and all disputes will be settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment may be entered in any federal or state court that has jurisdiction. The arbitrator has no authority to award punitive or exemplary damages. If the Dispute cannot be heard by the (AAA) for any reason, the dispute shall be heard by an arbitrator selected by the parties mutually. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by 9 U.S.C. § 1 et seq.
Waiver of a Jury
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ADULT PARTICIPANT AND INNOVATIVE SENSORY CENTER INC. KNOWINGLY AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION.
The right to a trial by jury is a right parties would or might otherwise have had under the Constitutions of the United States of America and the state in which the premises is located.
Photo/Video Waiver
The participant grants the released parties the right to use all or a portion of any images or video of the participant and their name and likeness in all forms and media including composite or modified representations for all purposes, including advertising, trade or any commercial purposes throughout the world.
The participant waives any right to approve images or videos used for publication. The participant releases the protected parties from any claims that may arise regarding the use of the participants statements, vidoes or images including invasion of privacy, defamation, infringment of moral rights, rights of publicity, or copyright.
Data Storage and Use
In the event that a participant chooses to provide data that includes sensitive and personally identifiable information, (such as and address, email address, phone number and dates of birth) Innovative Sensory Center Inc. may collect, store and utilize said data to help develop new services, improve existing services or to provide advertising to participants or for any lawful business purpose.
Authority
If an adult participant signs this agreement on behalf of his/her spouse, child, family member, friend, minor child, or other person, the adult participant represents to Innovative Sensory Center Inc. that he/she has the legal authority to execute this agreement on their behalf.
Acknowledgments. The participant represents to the released parties that this agreement is a complete and final release and indemnity agreement, that the participant is voluntarily entering into this agreement, and no representations, promises, or statements made by any of the released parties has influenced the participant in signing this agreement. The participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth. This agreement may only be modified in writing, and the participant is not relying on any statements or representations of the released parties that are not expressly contained herein. The participant expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the laws of the state of New York, which the premises is located and that if any portion thereof is held invalid, it is agreed that the balance shall, continue in full legal force and effect. Venue for any action brought hereunder or due to the participant’s use of the premises or participation in the activities shall lie in Suffolk County, in which the premises is located. The substantive laws of New York, in which the premises is located shall apply. By signing below, the participant authorizes Innovative Sensory Center Inc. to communicate with the participant via email with updates, news, advertisements, and offers.
BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT, I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AGREE TO BE BOUND AS SET FORTH HEREIN.