In consideration of being allowed to enter the play area and cafe at The Little Village, LLC (We, Us), to use any equipment, or to participate in any class, birthday party, or event, or to consume food and/or drink at the cafe (hereinafter referred to as an “Activity” or the “Activities”), the undersigned (I), on his or her behalf and on the behalf of the Participants (any person on whose behalf you are signing this form) listed below, acknowledges, understands, and agrees to the following terms and conditions set forth in this Release & Waiver of Liability and Assumption of Risk (“Agreement”).
(1) Authority. I attest that I am the parent or legal guardian of the minor participant(s) named herein below, or that I have obtained the express consent and permission from the parent or legal guardian of the participant(s) to execute this Agreement on their behalf and agree to attend to and monitor the activities of all participant(s) such that all activities are age and ability appropriate.
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(2) Compliance. I agree that the Participants named below and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any Activity at The Little Village, LLC.
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(3) Assumption of Risk. I UNDERSTAND AND ACCEPT THAT THE ACTIVITIES MAY BE DANGEROUS and involve certain risks that cannot be eliminated regardless of the care taken to avoid injuries. The risks associated with the Activities include, but are not limited to: physical injury from falling, slipping, crashing or colliding, or harm to any Participant; and injuries or medical disorders (such as heart attacks, strokes, heart stress, head injuries, sprains, cuts, bruises, broken bones and torn muscles or ligaments) resulting from Participants and My use of or presence at The Little Village location, or Participants and My participation in any of Activities. I ACKNOWLEDGE AND ACCEPT that The Little Village, LLC has no duty to protect me or the Participants from the above risks or any other risks inherent to the Activities. I UNDERSTAND AND ACCEPT that such risks may cause INJURY and EXPRESSLY AND VOLUNTARILY ASSUME all such risks, accepting for myself FULL RESPONSIBILITY for any loss or damage I may sustain thereby.
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(4) Release of Liability & Indemnification. I AGREE TO WAIVE AND RELEASE ALL CLAIMS against The Little Village, LLC, including its owners, officers, directors, managers, employees, agents, volunteers, other guests and participants, successors and assigns, affiliates, other persons or entities acting on their behalf (collectively the “Releasees”), for any personal injury, disability, death or property damage I or the Participants may sustain in relation to my or the Participants’ use of the The Little Village, LLC’s premises and facilities or my or the Participants participation in the Activities, resulting or arising from ANY NEGLIGENT ACT OR OMISSION of the Releasees. I promise note to make or bring any such claim against the Releasees and FOREVER RELEASE AND DISCHARGE the Releasees from liability under any such claims. I AGREE TO DEFEND, INDEMNIFY, AND HOLD THE RELEASEES HARMLESS from and against any and all losses, damages, liabilities, claims, deficiencies, demands, causes or rights of action, judgments, settlements, interest, awards penalties, fines, costs, or expenses of whatever king (including reasonable attorneys fees), whether personal to me, the Participants, or to a third party, which are in any way connected with or related to my or the Participants use of the The Little Village, LLC’s premises and facilities or participation in Activities, including those allegedly attributable to negligent acts or omissions. THIS RELEASE AND WAIVER COVERS RISKS OF DEATH, SERIOUS INJURY, AND PROPERTY LOSS ARISING FROM NEGLIGENCE OR CARELESSNESS OR GROSS NEGLIGENCE ON THE PART OF THE RELEASEES.
I UNDERSTAND THAT FOR AN ADDITIONAL FEE OF $25.00, The Little Village, LLC will allow me and the Participants use the premises and facilities and to participate in the Activities without agreeing to this Release of Liability & Indemnification provision. I ACKNOWLEDGE THAT I AM AWARE OF THIS OPTION AND, BY SIGNING THIS AGREEMENT, VOLUNTARILY CHOOSE NOT TO EXERCISE IT.
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(5) Attestation. I certify that Participants and myself are physically fit and may participate in the Activities available at The Little Village, LLC facility, and have not been advised to the contrary by a qualified medical professional. I further certify that I am aware of and am solely responsible for my and the Participants consumption of any food or drink while at The Little Village facility.
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(7) Miscellaneous. If any term or provision of this Agreement is deemed invalid, illegal, or unenforceable, all other parts will be given full force and affect. All matters arising out of or relating to this Agreement or my participation in the Activities will be governed by the laws of the State of Minnesota, and exclusive jurisdiction thereof will be in the district court residing in and for Hennepin County, Minnesota. Any provision of this Agreement that shall be prohibited or unenforceable shall be deemed ineffective to the extent of such prohibition or unenforceability without invalidation of the remaining provisions thereof, which shall all remain in full force and effect.
RULES
In addition to any rules posted on premises, rules that must be followed:
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Shoes are not allowed in the play area and socks must be worn at all times.
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Adults must supervise their children at all times.
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Outside food or drink is not allowed at The Little Village.
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The Little Village does not service any peanut products, but I understand that The Little Village is not liable for an allergic reaction.
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Food and drink are not allowed on the play floor - and must be enjoyed at a café table.
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Children and adults must show respect to other consumers, the employees, and the equipment at all times.
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MY AND PARTICIPANT(S) ACKNOWLEDGMENT AND SIGNATURE
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, AND VOLUNTARILY SIGN WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
PARENT OR LEGAL GUARDIAN ACKNOWLEDGMENT AND SIGNATURE
I AM THE PARENT/ LEGAL GUARDIAN OF THE MINOR(S) NAMED ABOVE. I DESIRE FOR MY CHILD(REN)/WARD(S) TO PARTICIPATE IN THE ACTIVITIES AND BELIEVE IT IS IN HIS/HER/THEIR BEST INTEREST TO DO SO. I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. BY SIGNING BELOW, I GIVE MY CHILD(REN)/WARD(S) PERMISSION TO PARTICIPATE IN THE ACTIVITIES WITH THE UNDERSTANDING AND INTENTION THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE BINDING ON ME AND MY CHILD/WARD.
