Liability Waiver

• Children

• First Name

• Last Name

• Date of Birth

• Add Another Child

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I hereby certify that I am the adult parent/legal guardian of the minor “Participant(s)” whose name(s) appears above. I agree to take full responsibility for the Participant’s safety and supervision while on the The Sandbox Playspace premises. In consideration for the right to allow myself and the Participant(s) to enter the premises and engage in any and all activities, I acknowledge and agree to the following:

 

Nature of the Activities: I agree that on behalf of myself and the Participant(s), I am voluntarily permitting myself and/or the Participant(s) to engage in activities offered by The Sandbox Playspace including, but not limited to the use of toys, equipment, and sand, climbing, digging, running, and other physical activities.

 

Assumption of Risk: I acknowledge on behalf of myself and the Participant(s), that there are inherent risks both known and unknown when engaging in the Activities offered by The Sandbox Playspace, including, but not limited to sickness, infection, injury, falling, disability, death, theft, or loss of personal property.

The Sandbox cannot guarantee the safety of any adult or Participant, and so I affirm on behalf of myself and the Participant(s) that I fully understand all the risks associated with activities and access to the premises.

 

Release from Liability: To the fullest extent permitted by law, I on behalf of myself and the Participant(s) shall indemnify, hold harmless, and defend The Sandbox [add in your list of indemnified parties] from and against any and all claims, liabilities, damages, losses, actions, suits, causes of action, costs, fees, and expenses (including reasonable attorney’s fees) related to, resulting from, or arising out of my and the Participant(s)’s use of the premises and involvement in activities including, but not limited to, any actual or alleged:

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Breach of representations or any other term of this Agreement:

• Personal injury, including death

• Property damage;

• Emotional harm;

• Loss or theft of personal property;

• Use or misuse of all toys, structures and equipment;

• Negligence or intentional disregard of posted safety guidelines;

• Illness, disability, or death resulting from exposure to infectious diseases including but not limited to COVID-19.

 

Representations:

 

I understand that myself nor the Participant(s) have permission to use the The Sandbox Playspace facility without an effective and validly signed Release and Indemnification Agreement.

I have explained all inherent risks and the posted Rules to the Participant(s).

I am not aware of any health problems that would prevent myself nor the Participant(s) from safely performing any activities.

I will remove myself and/or the Participant(s) from engaging in any and all activities if I and/or the Participant(s) become faint, ill, or exhibit any signs of physical or emotional distress.

I understand that myself and/or the Participant(s) are not allowed in the The Sandbox Playspace if I and/or the Participant(s) knowingly or should reasonably knowingly have a temperature or contagious illness or disease.

I understand that intentional or negligent disregard for any of the representations listed constitutes a breach of this Agreement, and upon breach The Sandbox Playspace retains the right to remove me and the Participant(s) from the premises.

Dispute Resolution: If a dispute arises in connection with this agreement, the parties agree to first enter into mediation in good faith to settle such a dispute. Costs related to mediation shall be equally shared between parties. All disputes not settled in mediation within a period of sixty (60) days shall be settled by arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Entirety of the Agreement/Severability: This Agreement constitutes the entire agreement between myself, the Participant(s) and The Sandbox Playspace regarding the content within. This Agreement supersedes and makes null any other oral or written agreements or modifications made before or after the date of signing. If any term in this Agreement is held invalid, illegal, or unenforceable by the governing jurisdiction, the term shall be severed from the Agreement and all other terms shall remain in effect. All matters arising out of or relating to the Agreement shall be governed by the State of Ohio without regard to its conflict of laws principle.

 

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THE ENTIRETY OF THIS AGREEMENT, HAVE READ AND UNDERSTOOD ITS CONTENTS, AND AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND SIGN FREELY AND VOLUNTARILY WITHOUT INDUCEMENT. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES.

 

Parent or Legal Guardian Details

 

First Name

Last Name

Email

Phone Number

Zip Code

Signature

 

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I consent to signing this document electronically.

 

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