Waiver
 

MINI MAIN STREET TERMS AND CONDITIONS, RELEASE, AND WAIVER OF LIABILITY

PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS.

In consideration of being allowed to use Mini Main Street's playground and the equipment it contains (collectively, the “Playground”), located at [644 19th St W Jasper, AL 35501], the undersigned acknowledges and agrees that:

I understand and agree to be bound by these Terms and Conditions, Release, and Waiver of Liability (“Terms”). I understand that this is a release of certain rights—including my right to sue—in favor of [Mini Main Street LLC], and the officers, employees, subcontractors, and agents thereof (collectively “Owner”).

I hereby attest that, after reading these Terms completely and carefully, I desire use the Playground and engage in all activities related to using the Playground (the “Activities”)

In exchange for being allowed to participate in the Activities and for other good and valuable consideration, the receipt and sufficiency of which I acknowledge, I hereby freely, voluntarily, and without duress execute this Toddler Town Playcenter Terms and Conditions, Release, and Wavier of Liability and agree to the following terms:

1. Assumption of Risk. I represent that I or any minor for whom I am legally responsible (my “Minor” and, together with myself, “I”, “me”, or “myself”) fully understand that the Activities may involve inherent and other risks, hazards, and dangers to myself, property, and other people that may include, but are not limited to: defective equipment, facilities, or premises related to the Activities, temperature, weather, lack of hydration, property damage, serious emotional trauma and/or bodily injury, physical injury, disability (temporary, permanent, or otherwise), dismemberment, death, illness (including without waiver illness resulting from exposure to bacteria, viruses, foodborne illness, infectious diseases, and/or communicable diseases arising from or related to my participation in the Activities), unavailability of immediate medical attention, scrapes, cuts, bruises, bites, stings, broken bones, sprains, adverse weather conditions, my own actions, inactions, and/or negligence, and/or the actions, inactions, and/or negligence of Owner. I understand that there may be risks that are not known or reasonably foreseeable at this time. I agree freely and voluntarily to participate in the Activities in spite of the inherent risks. I acknowledge the above risks and fully accept and assume all risks and all responsibility for losses, costs, and damages that I may incur as a result of my participation in the Activities. I understand that the Released Parties (defined in the next paragraph) are not responsible for damaged, lost, or stolen articles at the Playground.

2. Release and Waiver of Liability & Promise Not to Sue. I, on behalf of myself, my Minor, my family member(s), my personal representatives, heirs, executors, administrators, estate, assigns, and any and all other similar persons and entities (collectively and individually, the “Releasing Parties”) HEREBY RELEASE, DISCHARGE, AND PROMISE NOT TO SUE Owner together with their respective successors, predecessors, assigns, affiliates, administrators, directors, officers, members, managers, agents, contractors, subcontractors, and employees (collectively and individually, “the Released Parties”), from all liability, claims, demands, losses, or damages of any kind, type, or nature, which arise out of or are related in any way to my participation in the Activities, including, but not limited to, claims that arise out of or are related to NEGLIGENT actions and/or inactions of the Released Parties, to the fullest extent permitted by law. Without limiting anything in this Section, I understand and acknowledge that the Released Parties may include legal entities (for illustrative purposes only, corporations, partnerships, and/or limited liability companies) associated with and/or operating under the trade names, doing-business-as (d/b/a) names, or general descriptions listed herein.

WITHOUT LIMITING THE PRECEDING PARAGRAPH, I UNDERSTAND THAT THIS RELEASE DISCHARGES THE RELEASED PARTIES FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THE RELEASED PARTIES WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

3. Medical Treatment. Without limiting anything in Section 2, except as otherwise agreed to by the Owner in writing, I hereby release and forever discharge the Released Parties from any claim whatsoever which arises out of or relates to or may hereafter arise out of or relate to any first aid, treatment, or medical service of any type, kind, or nature rendered in connection with my Activities at the Playground (“Medical Treatment”). I hereby consent to receive Medical Treatment, which may be deemed advisable in the event of injury, accident, and/or illness during the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation.

4. Indemnity. I, on behalf of myself and all other Releasing Parties agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties from and against any and all claims, demands, losses, or damages of any kind, type, or nature made, brought, or incurred by anyone, including any of Releasing Parties, arising out of or in any way related to my participation in the Activities, including but not limited to claims arising out of my NEGLIGENT actions and/or inactions to the fullest extent permitted by law. My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals.

5. Insurance. I UNDERSTAND OWNER DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE OF ANY NATURE IN THE EVENT OF MY INJURY, ILLNESS, OR DEATH, OR DAMAGE TO OR LOSS OF MY PROPERTY. I expressly waive any claim for compensation or liability on the part of Owner in the event of any injury or medical expense.

6. Termination. I understand that Owner reserves the right to terminate my use of the Playground at any time and in its sole and absolute discretion.

7. Choice of Law. These Terms and all claims or disputes arising out of or related to these Terms and/or the Activities, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the constitution and laws of the State of Alabama, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Alabama.

8. Miscellaneous. I recognize that these Terms contain the full and entire understanding and agreement between me and Owner regarding the subject matter hereof and supersedes any and all prior written or oral agreements or understandings regarding same. If any term or provision of these Terms shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. These Terms are binding on and inure to the benefit of Owner and me and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Section headings are for convenience of reference only and shall not define, modify, expand, or limit any of the terms of these Terms. I hereby agree that these Terms, including, but not limited to, Section 1, 2, and 4 of the Terms, are intended to be as broad and inclusive as permitted. These Terms may be signed and transmitted electronically, such as by completing an online form, scanning or sending an email or fax and the same shall constitute an original.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.

FOR INDIVIDUALS USING THE PLAYGROUND (INDIVIDUALS AGE 14 AND OVER MUST SIGN). I have carefully read and voluntarily agree to each of the provisions contained in these Terms.

PARENT/GUARDIAN SIGNATURE REQUIRED FOR MINOR INDIVIDUALS (UNDER AGE 19 AT TIME OF PARTICIPATION). I, as parent/guardian with legal responsibility for this Minor, have carefully read, understand and voluntarily agree to each of the provisions contained in these Terms on behalf of myself and my Minor. I further acknowledge that each of the provisions in these Terms shall be effective and binding upon me and each of the Releasing Parties and that the terms “I”, “me”, and “myself”, as defined and used herein, include my Minor.