Wonderplay & Café
WAIVER, RELEASE, INDEMNIFICATION AND ASSUMPTION OF RISK
The undersigned hereby represents, warrants and certifies:
- They are over 18 years of age
- They are the parent and/or legal guardian acting on behalf of and authorized on behalf of the minor child/children utilizing Wonderplay & Café
- By clicking below, they have read, understood and agree to the following agreements, covenants, releases, waivers and indemnification
- Use of Wonderplay & Café may be inherent with certain risks and physical demands and can lead to injuries, including but not limited to scraps, bruises, broken bones, muscle strains, slips, falls and tripping
- The participants utilizing Wonderplay & Café are healthy, capable of utilizing the equipment and surroundings and qualified to participate in the activities provided.
- I am fully responsible for informing my minor child/children of any and all risks as well as any rules and safety concerns and regulations. I am also fully responsible for monitoring and supervising my minor child/children in connection with their use and utilization of Wonderplay & Café
- If I choose to participate and/or utilize any of the Wonderplay & Café, I acknowledge that it is at my sole risk and liability and affirm that I am physically healthy, without disability or injury and can safely utilize the equipment and surroundings.
- I am authorized to make the agreements set forth herein for myself and for all minor child/children noted below, including all waivers and releases set forth below.
The undersigned, for itself and on behalf of all minor child/children noted below hereby:
- Assumes in full without limitation all risks, injuries, damages, illnesses, personal injury (including permanent disability and death), economic loss, liability and claims arising from or out of the use of the equipment, machinery, toys and surroundings and other furniture and fixtures in Wonderplay & Café and the presence at the Wonderplay premises, including without limitation all damages, costs, liabilities, expenses, medical bills, attorneys’ fees and expenses, awards, judgements and other items (collectively “Costs”) associated therewith (including without limitation claims arising from the inherent risks in the activities and/or from the negligence of Wonderplay & Café, its employees, owners, officers, members, contractors, invitees or other participants (collectively, the “Releasees”) known and unknown.
- Any and all claims and Costs resulting from loss, breakage or theft of personal property, it being understood that all of such items are brought onto the premises at your sole risk.
- If you or any minor child/children in your possession and/or control make any claim against any Releasee (including any claim based upon negligence), you agree to indemnify and hold harmless the Releasees from and against any and all Costs arising from and/or incurred due to such claims.
- On behalf of myself, all minor child/children on the premises with me and each of our respective heirs, spouses, personal representatives, parents, successors and assigns, (i) waive, discharge and release all Releasees from any and all claims arising from and/or in connection with any of our presence on the Wonderplay & Café premises, including claims based upon the negligence of any Releasee; and (ii) covenant not to sue any Releasee based upon any such claim which covenant may be plead as a bar to any such suit.
- If the foregoing waiver and covenant not to sue is violated or breached, I agree to pay Wonderplay & Café and each Releasee any and all Costs incurred in connection with such suit.
- The foregoing assumptions, waivers, releases and indemnities are intended to be as broad and inclusive as is permitted by applicable law and if any portion is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision, all of which shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein as broadly as possible.
- I agree to the use of any photography and videos taken in the Wonderplay & Café by you in connection with any marketing and/or advertising.
- I authorize Wonderplay & Café to obtain medical care/transportation and to administer CPR and AED when deemed necessary.
You are expressly authorized to use this Waiver, Release, Indemnification and Assumption of Risk as a multi-use agreement for each and every time I or the minor child/children in my possession and/or control are on the Wonderplay & Café premises unless and until I specifically revoke this agreement in writing and provide written notice to Wonderplay & Café of such revocation.
This agreement shall be governed by Illinois law and any suit or claim brought in connection herewith and/or in connection with Wonderplay & Café shall be brought in Kane County, Illinois. This agreement may not be modified, amended or otherwise limited in any manner by any statements or representations of any agent, employee or representative of Wonderplay & Café.
THIS IS BEING ACCEPTED VOLUNTARILY AND WITHOUT COERCION OR INDUCEMENT AND WILL FULL KNOWLEDGE AND UNDERSTANDING THAT IT GIVES UP SIGNIFICANT LEGAL RIGHTS ON BEHALF OF ME, THE MINOR CHILD/CHILDREN, OUR HEIRS, SPOUSES, PARENTS, LEGAL REPRESENTATIVES AND SUCCESSORS AND ASSIGNS. THE USE OF THE WONDERPLAY & CAFÉ IS ADEQUATE CONSIDERATION FOR THIS AGREEMENT AND LEGAL RIGHTS WAIVED AND GIVEN UP HEREIN.
BY COMPLETING THE INFORMATION HEREIN AND BELOW, I AGREE TO THE FOREGOING.