In Consideration of being allowed to enter the play area, our facility and/or Participate in any party and/or program at Castle and Crown, the undersigned, on his or her behalf, and on the behalf of the Participant(s) identified below, acknowledges, understands and agrees to the following:
1. I represent that I am the parent or legal guardian of the Participant(s) named below (entering Castle and Crown with me) or I have obtained permission from the parent/legal guardian of the Participant(s) named below to execute this agreement on their behalf.
2. I acknowledge and understand that there are known and unknown risks associated with participation in Castle and Crown activities, use of the facility, the use of the play area and equipment, and interaction with other customers and employees including but not limited to: contusions, fractures, scrapes, cuts, bumps, paralysis, or death, transmission of bacteria, viruses, germs, COVID, and diseases.
3. I, for myself and the Participant(s) named and in my care, enter this facility at Castle and Crown, free of any known airborne illness, fevers, flus, COVID, or contagious illnesses.
4. I, for myself and the Participant(s) named and in my care, willingly assume all risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS which I also willingly assume.
5. I agree to indemnify and hold harmless the Released Parties from any and all liabilities, claims, demands, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or related to my or my child(ren)'s participation in activities at Castle and Crown, whether caused by the negligence of the Released Parties or otherwise.
6. I agree that the Participant(s) named and in my care, and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in the use of the facility, the play area, any party events and/or program at Castle and Crown.
7. I understand that it is my responsibility to supervise my child(ren) at all times while at Castle and Crown. Castle and Crown is not responsible for supervising my child(ren).
8. I, for myself, the Participant(s) named and in my care, our heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the independent owner of Castle and Crown, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees, and sponsoring agencies from any and all injuries, disability, death or loss, liabilities or damages from participation, and transmission of any diseases, germs, virus, and bacteria.
9. I additionally agree to indemnify the independent owner of Castle and Crown, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees, and sponsoring agencies for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation at Castle and Crown.
10. I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.
11. I understand that entry, by myself and the participant(s) named and in my care, constitutes consent for Castle and Crown to use any film, pictures, video, or likeness of participants for any purpose whatsoever, without payment to the participant. This includes any promotions, advertisements and marketing on websites, social media, print, radio, and television.
12. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
13. Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of the Event location and in accordance with the rules of the American Arbitration Association then in effect.
14. I agree to abide by all posted rules and regulations of Castle and Crown. I understand that failure to follow these rules may result in the termination of my participation without refund.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.