HAPPY OAK INDOOR PLAYGROUND & WORKSHOPS MEMBERSHIP AGREEMENT

 

1. ABOUT HAPPY OAK INDOOR PLAYGROUND

Happy Oak is an educational playground designed for children ages 0–6 years, where play, creativity, and learning come together in a safe and supervised environment.

Our program combines:

• Guided workshops
• Supervised play
• Creative learning experiences
• Social interaction
• Development of motor and cognitive skills

 

2. AGE GROUP POLICY

Happy Oak offers activities according to age groups:

0–23 months
• Weekday open play with parent supervision required.

Ages 2–6
• Participation in workshops and supervised play sessions.
• Parents may drop off their child or stay in the café area.

Happy Oak staff supervises play areas, but parents remain responsible for ensuring their child follows safety rules.

3. VISIT POLICY

• Visits must be used within the same membership month.
• Unused visits do not roll over to the next month.
• Visits are non-transferable between families.

Happy Oak recommends scheduling visits in advance to ensure availability.

 

4. HEALTH POLICY

For the safety of all children, please do not bring your child if they have:

• Fever within the last 24 hours
• Vomiting or diarrhea
• Contagious illness
• Severe cold or cough symptoms

If a child becomes ill during a session, parents will be contacted for pickup.

 

5. SAFETY AND PLAY POLICY

Happy Oak provides a safe and supervised environment, but parents acknowledge that active play carries inherent risks such as minor bumps, slips, or falls.

Parents agree that participation is voluntary and accept these inherent risks.

Children must:

• Follow instructor guidance
• Respect other children
• Use equipment safely

 

6. LIABILITY WAIVER
By signing this agreement, the Parent/Guardian agrees to release and hold harmless Happy Oak, its owners, staff, employees, and affiliates from liability related to injuries or accidents that may occur during participation in activities, except in cases of gross negligence.

 

7. PHOTO AND MEDIA CONSENT

Happy Oak may take photos or videos during activities for:

• Social media
• Website content
• Promotional materials

By signing this agreement, the Parent/Guardian grants permission for their child to appear in such media unless written notice is provided.

 

8. PAYMENTS AND REFUNDS
Membership fees:

• Are charged monthly
• Are non-refundable
• Are non-transferable

Failure to complete payment may result in suspension of membership access.

 

9. LATE PICK-UP POLICY
Children must be picked up at the end of the 2-hour session.

Late pickups may result in additional supervision fees.

 

10. AGREEMENT ACKNOWLEDGEMENT

By signing below, the Parent/Guardian confirms that they:

• Have read and understood this agreement
• Accept Happy Oak policies
• Agree to comply with all rules and safety guidelines

 

11. DIAPERING POLICY

To maintain a safe and hygienic environment for all children, Happy Oak staff does not provide diaper changing services.

Parents/Guardians must ensure that children who wear diapers arrive with a clean and freshly changed diaper before entering the play area or session.

In the event that a child requires a diaper change during the visit, Happy Oak staff will contact the Parent/Guardian or the designated Emergency Contact to return and attend to the child.

Parents are required to provide:

• A primary contact phone number
• At least one emergency contact authorized to respond if needed

If a diaper accident occurs and the Parent/Guardian cannot be reached promptly, the Emergency Contact may be called to assist.

This policy helps ensure the comfort, hygiene, and well-being of all children and staff in the facility.

HAPPY OAK PLAYGROUND RULES & POLICIES

To ensure a safe, clean, and enjoyable environment for all families, the following rules must be respected by all visitors, members, and guests.

 

1. PARENT RESPONSIBILITY

Parents and guardians are 100% responsible for their children’s behavior and actions while inside Happy Oak, including any damage to property or harm caused to other children.

Parents must ensure their children follow all playground rules and safety guidelines.

 

2. SUPERVISION POLICY

Children ages 2–6 may participate in supervised play sessions, however:                   

• Parents must remain reachable at all times
• Parents may stay in the café area or drop off their child during the session

Children under 2 years old must always remain with their parent or guardian inside the facility.

 

3. NO FOOD IN PLAY AREA

For safety and hygiene reasons:

• Food is NOT allowed inside the play area.
• Food and snacks must remain in the designated café or seating area only.

Drinks provided by Happy Oak must also be consumed outside the play structures.

 

4. NO SHOES IN PLAY AREA

To maintain a clean and safe play environment:

• Shoes are not allowed inside the play area.
• Children must wear grip socks at all times.
• Adults entering the play area must also remove shoes.

 

 

5. NO JEWELRY OR ACCESSORIES

For safety reasons, children should not wear jewelry or accessories that could cause injury during play.

This includes:

• Chains or necklaces
• Bracelets
• Rings
• Hair accessories with sharp parts
• Any object that could become caught in play equipment

Happy Oak is not responsible for lost or damaged personal items.

 

6. DIAPER POLICY

Happy Oak does not provide diaper changing services.

Children who wear diapers must arrive with a clean diaper already changed before entering the play session.

If a diaper accident occurs during the visit, parents or the designated emergency contact will be contacted to return and attend to the child.

 

7. HEALTH POLICY

For the safety of all children, please do not bring your child if they are sick.

Children may not enter if they have:

• Fever within the last 24 hours
• Vomiting or diarrhea
• Contagious illness
• Severe cold symptoms

Happy Oak may request immediate pickup if a child shows signs of illness during the session.

 

8. RESPECTFUL BEHAVIOR

Children must:

• Play safely
• Respect other children
• Follow staff instructions
• Use equipment properly

Aggressive or unsafe behavior may result in the child being removed from the play area.

 

9. DAMAGE TO PROPERTY

Parents are responsible for any intentional damage caused by their child to equipment, furniture, or materials within Happy Oak.

Repair or replacement costs may apply.

 

10. SESSION TIME POLICY

Play sessions for children ages 2–6 last 2 hours.

Parents must pick up their children promptly when the session ends.

Happy Oak provides a 5-minute grace period.

After the grace period:

• A late pickup fee of $25 will be charged for every 15 minutes.

 

11. AUTHORIZED PICK-UP

Only parents or authorized emergency contacts listed in the registration form may pick up a child.

Happy Oak staff may request identification if necessary.

 

12. PHOTOS & SOCIAL MEDIA

Photos or videos may occasionally be taken during activities for promotional or social media purposes unless parents request otherwise in writing.

 

13. PLAYGROUND SAFETY

To keep everyone safe:

• Running outside designated play areas is not allowed
• Climbing on furniture is not allowed
• Equipment must be used as intended
• Rough play is not permitted

 

14. PERSONAL BELONGINGS

Happy Oak is not responsible for lost, stolen, or damaged personal items.

We recommend leaving valuables at home.

 

15. RIGHT TO REFUSE SERVICE

Happy Oak reserves the right to deny or terminate participation if a family repeatedly violates playground rules or safety policies.

PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS.

This Waiver, Assumption of Risk and Indemnification Agreement (“Agreement”) is entered into by the Adult Participant, and if any minor is named below, the Adult Participant on behalf of and as parent or legal guardian for the Child Participant(s) in favor of EROCKET US LLC, TREMO GROUP LLC , DBA Happy Oak (“Happy Oak”). Collectively and severally, Adult Participant and Child Participant are referred to as the Participant. In consideration of Happy Oak permitting Participant access to the Premises and the ability to participate and spectate in the Activities and services, including the Activities that may occur in, about, or near 238 N loop 1064 W, San Antonio, Texas or any other premises owned or operated byHappy Oak wherever located (“Premises”) today and on all future dates, Participant agrees as follows:

 

1. Nature of the Activities. Happy Oak operates as an indoor playground and children’s developmental play and activity center designed for children ages six (6) and under. The facility provides experiences that combine imaginative play, and physical play within an indoor environment actively or passively. Activities include but are not limited to park related activities, events and parties,  fine and gross motor skill development, age-appropriate learning exercises, creative play, and general educational enrichment (the “Activities”) which may carry inherent risks typical of children’s play environments..

 

2. Types of Risks.

 

2.1 Risks Associated with Activities. Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities, including, but not limited to, equipment malfunction; defective design or manufacture of equipment; improper or negligent installation of equipment; negligent maintenance of equipment; cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; concussions; broken bones; physical or emotional injuries; landing wrong; over-exertion; failure of the attraction surface or attachments; being hit by a ball; collisions with other participants; erratic co-participant behavior; collisions with standards and supports; using improper form or technique; slipping, falling, or tripping; equipment failure; error of judgment by employees; paralysis, disability, or death; personal injury to third persons; or property damage. Due to the nature of the Activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards. If you have any questions, please contact a manager before purchasing admission.

 

2.2 Exposure to Bacteria, Fungus, Virus, and Unknown Contagious Diseases. By entering the Premises or when engaging in the Activities, there is a risk of exposure to bacteria, fungus, viruses, unknown contagious diseases and COVID-19, which notwithstanding governmental recommendations and the practices of Happy Oak, cannot be eliminated. Consequently, to the fullest extent permitted by law, Participant knowingly and fully assumes the risk of, releases, and shall indemnify Happy Oak from all claims (as defined in section 5 below) or bodily injury resulting from Participant’s exposure to any bacteria, fungus, virus, unknown contagious diseases or COVID-19 and in any way connected to Participant’s entry into the premises or engagement in the activities.

 

3. Assumption of Risks. Notwithstanding the foregoing risks and safety measures implemented by Happy Oak, Participant acknowledges it is impossible to eliminate all risk of injury and understands the demands of the Activities relative to Participant’s physical condition and skill level. Participant affirms that participation in the activities is voluntary and participant knowingly, with understanding of the risks and potential injuries, assumes all risks inherent with the activities and access to the premises.

 

Participant agrees to abide by Happy Oak rules and instructions and the directions of Happy Oak employees and representatives, whereby Participant acknowledges that (i) those rules, instructions and directions are intended to promote the safety of both Participant and others; (ii) failure or refusal to abide by those rules, instructions and directions can lead to the immediate revocation of Participant’s right to use the Premises and its facilities, without any right to refund of any payments made; and (iii) in the event of sickness, accident or injury, (a) Participant will immediately report the injury to Happy Oak’s staff and under no circumstances will Participant leave the facility without doing so, (b) Participant will cease all participation in activities at the time of sickness, accident or injury, (c) Participant authorizes Happy Oak employees and representatives to obtain and secure, on his/her behalf, emergency medical treatment and transportation, when deemed appropriate by Happy Oak employees and representatives, and (d) Participant agrees to assume, at his/her expense, all costs of emergency medical care and transportation.

 

4. Alcohol. Participant agrees to exercise ordinary and reasonable care and to not consume alcohol to the extent Participant’s judgment is impaired. Participant understands the potential risks associated with the consumption of alcohol and acknowledges Participant does not have and is not aware of any medical condition that would result in any injury to Participant due to Participant’s consumption of alcohol. Participant assumes the risks associated with alcohol consumption and takes full responsibility for Participant’s own actions, safety, and welfare. UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES IF PARTICIPANT HAS CONSUMED ALCOHOL.

 

5. Release and Indemnity. To the fullest extent permitted by law, Adult Participant on behalf of himself/herself, Child Participant, and their heirs, executors, and representatives releases, waives, discharges and agrees not to sue, and shall indemnify Happy Oak, the legal owner of the premises, and any of their parents, affiliates, subsidiaries, officers, directors, shareholders, members, managers, partners, agents, employees, contractors, representatives, heirs, assigns, volunteers, independent contractors, equipment suppliers, and insurers of all of them (collectively, “Protected Parties”) from and against all liabilities, losses, damages, claims, demands, actions, suits, causes of action, judgments, costs, fees, and expenses (including reasonable attorney’s fees and court or other costs) (collectively, “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 Participant resulting in any way from (a) Participant’s use of the premises, (b) Participant’s active or passive participation in the activities, (c) loss or theft of personal property, (d) from the consumption of alcohol at the premises by Participant or any other invitee of Happy Oak, or (e) Participant’s breach of this Agreement. This release and 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 or Participant. The indemnity shall also include Adult Participant’s obligation to indemnify the Protected Parties from (i) any sum or settlement paid to or on behalf of the Child Participant resulting from a claim in any way involving the foregoing subsections and (ii) 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 Participant.

 

6. Waiver of Jury Trial. To the extent permitted by law, Adult Participant and Happy Oak knowingly, willingly 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 or claim or causes of action relating to participation in Happy Oak Activities or presence on the premises utilized for Happy Oak Activities. 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.

 

The Participant understands and agrees that: (i) this Agreement gives up important legal rights; (ii) the Participant is giving up important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me; and (iii) Participant’s signature below is proof of Participant’s intention to execute a complete and conditional waiver and release of all liability to the full extent of the law.

 

7. License. Participant irrevocably grants the Protected Parties the right to use all or a portion of an image or video of 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 purpose throughout the world and in perpetuity. Participant waives the right to inspect or approve versions of images or videos used for publication or the written copy that may be used in connection with the images/videos. Participant releases the protected parties from any claims that may arise regarding the use of Participant’s statements, videos, or images including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright.

 

8. Authority. If Adult Participant signs this Agreement on behalf of his/her spouse, child, family member, friend, minor child, or other person, Adult Participant warrants and represents to Happy Oak that he/she has the legal authority and such person’s actual and implied authority to execute this Agreement on their behalf, including, but not limited to, the release, indemnity agreement, and license.

 

9. Acknowledgments. Participant represents to the Protected Parties that this Agreement is a complete and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein, this Agreement may only be modified in writing, and that Participant is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state in which the Premises is located and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or due to Participant’s use of the Premises or participation in the Activities shall lie in the County in which the Premises is located. The substantive laws of the state in which the Premises is located shall apply. By signing below, Participant authorizes Happy Oak to communicate with Participant via  email and messaging with updates, news, advertisements, and offers. Message and data rates may apply. Msg frequency may vary. Text "STOP" to end. For HELP, text "HELP" or email admin@Happy Oakpark.com.

 

10. Representations by Participant. Participant represents to the Protected Parties as follows:

 

A. Participant shall obey all rules, safety signs and verbal instructions from Happy Oak staff while participating in the Activities and shall alert the staff to any rules violations or dangerous behavior.

 

B. Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities.

 

C. Participant shall only attempt Activities that Participant can perform safely.

 

D. Participant is not aware of any health problems that would prevent him/her from participating in the Activities.

 

E. Participant has received either medical clearance from his/her physician prior to participation in the Activities or has determined that such clearance is not necessary for his/her safe participation in the Activities.

 

F. Happy Oak 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.

 

G. Participant has adequate insurance to cover any injury or damage that Participant may cause or suffer while participating in the Activities, or if not, Participant agrees to bear the costs of such injury or damage to Participant and others.

 

H. Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).

 

I. Participant shall wear Happy Oak approved grip socks at all times while participating in any and all park activities.

 

 Acknowledgment and SignatureI have carefully read and fully understand this Agreement, and I agree to be bound as set forth herein. I acknowledge that I am voluntarily signing this document, intending to release all liability to the fullest extent permitted by law. I am at least 18 years of age and the legal parent or guardian of the minor(s) listed above.