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Childor I sustain while being present at LI. Salty Kids Cove the costs of same shall be at my own expense.
RELEASE OF LIABILITY
Releasons hereby conditionally relinquish, discharge liability and covenant not b Releasees any and all claims, demands, rights, causes of action, obligations, debts, losses, charges, expenses, attorneys' fees, damages, judgments and kabilties, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, cted or unsuspected, whether or not concealed or hidden, related b or arising, directly or indirectly, from my or Child's access to andior use of LI. Salty Kids Cove premises and/or its equipment (whether otherwise), the Chat's estry Salty Kids Cove, the condition, intenance, inspection, pervisio ontrol or security of L. Salty Kids Cove the t warn of Salty Kids Cove andor the of Releasees, including Imitation claim for property damage, personal injury otional injury, illness, bodily waiver applies not only to use slides, but also all other equipment, and all activities and games, presence of Child andior lat LI and waiver applies t 1 includes all activities that or my Child engage in at the premises, whether inside or outside LI. Salty Kids Cove in the event that any claim is brought by Releasors, I shall immediately defend, indemnify and hold Releasees, and any of them, from a eliabilty, including reasonable attorneys" therewith or arising therettom
I understand and fully acknowledge and agree that all of the identified herein and any other risks associated with use of LI. Salty Kids Cove and its equipmentor mere presence thereat are beyond the control of Releasees. lagree and acknowledge that should Releasees or anyone acting on their behalf, be required to incurattomeys' fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold Releasees harmless for and against all such attomeys fees and/or costs
ARBITRATION OF DISPUTES: TIME LIMIT TO BRING CLAIM (Required) I Agee
I understand that by agreeing to arbitrate any dispute as set birth in this section, I am waiving my right, and the right(s) of the minor child(en) above, to maintain a lawsuit against Releasees for any and all claims vered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a child(ren) above will NOT have the right to have claims) determined by a jury. Reciprocally Releasees waive their nght to maintaina lawsuit against me and the minor children) above for any and all chins covered by this Agreement, and they will not have the night to have their claimis) determined by a jury ANY DISPUTE, CLAM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD'S ACCESS TO ANDIOR USE OF LI. Salty Kids Cove INCLUDING THE DETERMINATION OF THE
SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS OCCURRENCE (ie, the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY WHERE LI. Salty Kids Cove IS LOCATED, BEFORE ONE ARBITRATOR THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION This Agreement shall be govemed by, construed and interpreted in accordance with the laws of the State of New York out regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitraton Agreement shall be governed by the Federal Arbitration Act (9U.SC., Sec. 1-16). I undentand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadrcom, include JAMS Comprehensive Arbitation Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Faimess, PHOTO/VIDEO/SOCIAL MEDIA WAIVER Required) I pursuant to the terms of this
Agree
In connection with my and LI. Salty Kids Cove, Iconsent to the recording of the Child's and my physical likeness andior voice through mechanical, photographic, technical, digital, electronic or other (Recordings) I hereby consent to and authorize LI. Salty Kids Cove and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, the Child's and/or my physical name, br any purpose, including advertising, promoting, exploiting andior publicizing any L.I. Salty Kids Cove I further agree that the foregoing likeness in any form. In addition, I waive any and allclaims I may have in connection with the Recordings
TERMOF AGREEMENT I understand that this agreement extends forever into the future and will l full force and legal effect each and every time I or my child(ren)/ward(s) visit L.I. Salty Kids Cove whether at the current Ibcation or any other location or facility.
SAFETY IS YOUR RESPONSIBIUTY: EACH CHILD AND I AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
a) You acknowledge that there entrisks in the participation in or on any indoor play park, and that suc lude not only the use of sides and trampolines, but other activities and equipment. Patrons indoor play park who uses slides and trampolines, and those iny other activities or use any other equipment, by participation, accept the risks inherent in such participation ordinary prudent person should be Pations have d judgmenta responsible
b) You have a duty to not participate in any activity on any slide, trampoline orengage in any other activity or u use all safety equipment provided, whether slides, trampolines at the indoor play park, or otherwise.
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d) You have a duty to not participate in any activity on any slide or trampoline, or engage in other activities or use other equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, kree or ankle conditions, high blood pressure, known pregnancy, any history of spine, muscubskeletal or head injures, or if you may be pregnant.
e) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth
f) You have a duty to avoid bodily contact with other patrons.
g) You have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any indoor play park activity, whether involving the use of slides, trampolines, or otherwise
L.I. Salty Kids Cove
Staycation Celebrations & Jr. Beach Club
Waiver
h) You have a duty to avoid crowding or overloading individual sections of the slides, trampolines, or other equipment.
i) You have a duty to use the slides, trampolines, and other equipment, within your own limitations, training and acquired skills.
j) You have a duty to avoid landing on the head or neck. Serious injuries, paralysis or death can occur when landing at the bottom of the slide incorrectly or on the trampoline court bed, or elsewhere, whether involving the slides, trampoline, other equipment, or otherwise.
k) You also agree to follow and obey all posted and stated warnings and patron education signs.
l) You agree to explain all safety rules to each Child you accompany, and to ensure that each Child obeys the safety rules. I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at L.I. Salty Kids Cove including the manager, do not have the authority to waive any provision of this
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Agreement. This Agreement constitutes and contains the entire agreement between L.I. Salty Kids Cove and me relating to the Child's and my use of L.I. Salty Kids Cove There are no other agreements, oral, written, or implied, with respect to such matters. I further agree that this Agreement and the releases contained herein shall be construed in accordance with the laws of the State of New York. If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this
L.I. Salty Kids Cove
Staycation Celebrations & Jr. Beach Club
Page 4 of 5
Agreement, the validity of the remaining portions shall not be affected thereby. By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated herein, including all releases of liability contained herein. I further agree to indemnify and hold harmless Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of and presence at- L.I. Salty Kids Cove. I am 18 years of age or older. I am entering this agreement on behalf of the Releasing Parties. WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19(Required)
I agree In consideration of being allowed to use L.I. Salty Kids Cove. (and to allow Child to use L.I. Salty Kids Cove.), I acknowledge, understand and agree that:
1. Participation indudes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and 2.I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and 3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases awhich may include, but not limited to, (i) observing proper social distancing rules, (ii) performing regular hand sanitizing, (iii) wearing masks and/or appropriate personal protective equipment, (iv) not entering L.I. Salty Kids Cove fexposed to someone with any symptoms of such a communicable disease, (v) not entering L.I. Salty Kids Cove if suffering any symptoms of such a communicable disease, (vi) permitting staff of LI. Salty Kids Cove to take my or Child's temperature, and (vii) complying with any measure promulgated by L.I. Salty Kids Cove or any local, state or federal authority. 4. If I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and 5. I understand and agree that all references and my responsibilities related to any injury" or "injuries" described in this Agreement shall also pertain to communicable diseases; and 6. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS the Releasees, WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY LI. Salty Kids Cove. RELATED ENTITY. IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY LI. Salty KidsCow
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WAIVER: page 5 of 5
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DOB of children:
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check this box (I have read the above and agree to terms and conditions stated)
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Date: (valid for one year from issue/sign date)
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