Please take your time and read this agreement very carefully.
ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND CLAIMS, COVENANT NOT TO SUE, INDEMNITY AGREEMENT AND MEDICAL CONSENT (WAIVER)
You as used herein, include the participant as well as his or her heirs, executors, dependents, beneficiaries and assigns, including but not limited to spouses and domestic partners. By signing this agreement, you are signing on behalf of the above listed persons and your signature shall be considered binding upon them.
In consideration of being allowed to enter and/or participate in any activities at Jiggles & Giggles Inc. (activities), the undersigned acknowledges, appreciates and agrees to the following:
Playground equipment can be dangerous and can result in serious injury to me/my child/children. I understand the nature of activities and represent that I am qualified, in good health, and in proper physical condition to participate in such Activities. If I believe any of the activities are unsafe, I will immediately stop participating. I understand that these activities may involve risk of serious bodily injury, which may be caused by my own actions/inaction or actions/inaction of other participants. I hereby knowingly and voluntarily assume any and all such risks, including presently unknown or unforeseeable risks, and voluntarily assume all responsibility for losses resulting from participation in these activities.
I also assume all responsibility for supervising and monitoring my child/children while at Jiggles & Giggles Inc.
I hereby forever release and discharge Jiggles & Giggles Inc., its respective owners, heirs, shareholders, administrators, directors, agents, officers, lessors, volunteers, employees, other participants, any sponsors, and advertisers (Releasees) from any and all liability, claims, demands, losses, or damages, however caused, whether related to property damage, theft, and/or personal injury, and whether based on tort, intentional act, strict liability, negligence, and/or negligent rescue. I will indemnify, save and hold harmless each of the Releasees from any claim, expense, attorney’s fees, loss, liability, damage, or cost which relates to, or arises from, this Waiver, to the fullest extent permitted by law. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
AND I, the Minor's parent and/or legal guardian, understand the nature of the above referenced Activities and the Minors experience and capabilities and believe that Minor to be qualified to participate in such Activities. I hereby Release, discharge, covenant not to sue and agree to indemnify and save and hold harmless each of the Releases from all liability, claims, demands, losses or damages on the Minors account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the Minor, or anyone on the Minors behalf makes a claim against any of the above Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, attorneys fees, loss liability, damages, or costs any Releasee may incur as a result of any such claim.
COVID-19 Risks. COVID-19 is extremely contagious and is known to spread mainly by contact from person to person. Consequently, local, provincial and federal governmental authorities have recommended various measures and prohibited a variety of behaviors in order to reduce the spread of the virus. The Park commits itself to comply with the requirements and recommendations of the public health and other governmental authorities, and to put in place and adopt all necessary measures to that effect. However, please understand that the JIGGLES & GIGGLES cannot guarantee your child will not be exposed to or become infected with COVID-19. Further, attending the facility could increase your child’s risk of contracting COVID-19, despite all preventative measures put in place.
By signing this document, I acknowledge the highly contagious nature of COVID-19, even without a carrier showing symptoms, and I voluntarily assume the risk that my child could be exposed or infected by COVID-19 while attending the Park. I am aware of the risks, dangers and hazards associated with COVID-19 and I freely accept and fully assume, all such risks, dangers and hazards, including the possibility of personal injury, illness, permanent disability, or death. Further, I acknowledge and confirm that I am willing to accept these risks, dangers and hazards as a condition of attending the Park.
I understand that while present in the JIGGLES & GIGGLES my child/family will be in contact with other people and employees who are also at risk of community exposure. I understand that no list of restrictions, guidelines or practices will remove 100 percent of the risk of exposure to COVID-19.
MEDICAL PERMISSION AUTHORIZATION
If the participant is of minority age, the undersigned parent or guardian hereby gives permission for Jiggles & Giggles Inc. to authorize emergency medical treatment as may be deemed necessary for the Minor/ s named below while participating in Jiggles & Giggles Inc. Activities. The undersigned hereby releases, discharges, covenant not to sue and agrees to indemnify and save and hold harmless Jiggles & Giggles Inc. from all liability, claims, demands, losses or damages on the Minors account caused or alleged to have been caused in whole or in part by the negligent medical treatment, failure to provide medical treatment, or negligent rescue operations, and further agrees to indemnify, save and hold harmless Jiggles & Giggles Inc. from any litigation expenses, attorneys fees, loss liability, damages, or costs incurred by Jiggles & Giggles Inc. as a result of any such claim.
I HAVE READ THE ABOVE MEDICAL PERMISSION AUTHORIZATION AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE JIGGLES & GIGGLES INC. FROM ALL LIABILITY ARISING AS THE RESULT OF THIS MEDICAL PERMISSION AUTHORIZATION.