TWINKLE LAND
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY
AND PARENTAL CONSENT AGREEMENT
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
You must be at least 18 years of age in order to sign a waiver. If you are NOT 18 years old, please have your parent or guardian sign this form on your behalf. By signing this document below (either in person or electronically), you will waive certain legal rights, including the right to sue.
In consideration of Twinkle Land allowing you and/or the Child and/or the Child's Parents, Guardians and/or Caretakers to use their play facilities (here in after referred to as "the Premises) for the play activities (“Activity”) for the duration of the term you are on the Premises, I hereby for myself, the Child as well as our heirs, executors, administrators, assigns or anyone else who might claim on their behalf warrant and agree as follows:
1.SUPERVISION AND AGREEMENT TO FOLLOW DIRECTIONS. All children require the supervision and care of their guardians at all times. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Twinkle Land’s employees, representatives or agents of Twinkle Land.
2.PHYSICAL CONDITION. I ACKNOWLEDGE, agree, and represent that I understand the nature of Twinkle Land Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activities I further agree and warrant that if at any time I believe conditions to be unsafe or I do not feel well, I will immediately discontinue further participation in the Activity.
3.ASSUMPTION OF THE RISKS AND RELEASE. I FULLY UNDERSTAND THAT: (a) Twinkle Land ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions or inaction’s, the actions or inaction’s of others participating in the activity, the condition in which the activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity.
4.COVENANT NOT TO SUE. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Twinkle Land, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activity takes place, (each considered one of the “RELEASES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees.
5.INDEMNIFICATION. I agree to indemnify and defend Twinkle Land against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Twinkle Land.
6.FEES. I agree to pay for all damages to the facilities of Twinkle Land caused by any negligent, reckless, or willful actions by me or my family.
7.CONSENT. I consent to my and/or the participation of any minor child(ren) named below in the Activity and agree on behalf of the child to all of the terms and conditions of this Agreement. By signing this Agreement, I represent that I have legal authority over and custody of the child. I further agree that all the terms of this Agreement shall apply to myself and/or the child(ren) regardless if the Agreement states “I” “Me” or “My”
8.APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Washington law. Venue for any disputes shall be King County.
10.NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Twinkle Land has offered to refund any fees I have paid to use its facilities if l choose not to sign this Agreement.
11.ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
12.ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
13.TERMINATION/DISPUTE RESOLUTION. Twinkle Land may terminate this Agreement for any intentional or reckless behavior, physical or verbal threats or any other behavior that Twinkle Land deems dangerous or inappropriate. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and billing arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
PHOTO AND VIDEO RELEASE: I grant to Twinkle Land AND ITS SUCCESSORS AND ASSIGNS, THE IRREVOCABLE, PERPETUAL, ROYALTY FREE, WORLDWIDE, SUBLICENSABLE AND UNRESTRICTED RIGHT TO USE AND PUBLISH MY NAME, VOICE, LIKENESS, IMAGE, ANY PHOTOGRAPHS OF ME, OR ANY MATERIALS IN WHICH I MAY BE INCLUDED, FOR EDITORIAL, TRADE, ADVERTISING, AND ANY OTHER PURPOSE AND IN ANY MANNER AND MEDIUM; and to alter and composite the same WITHOUT RESTRICTION AND WITHOUT MY INSPECTION OR APPROVAL. I hereby release Twinkle Land from all claims and liability relating to any of the foregoing, including but not limited to any claims based on rights of privacy or publicity.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY CLICKING THE ACCEPT BUTTON AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE.
I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF TWINKLE LAND’S ACTIVITIES and understand and agree that the above Agreement shall apply to any Child and have discussed any applicable terms of the Agreement with the Child(ren)