Waiver

Assumption of Risk: I understand that the use of any child play facility inherently entails risk. Therefore I grant permission for myself and the child(ren) identified below to take part in the Fundamentals, LLC play facility, the equipment, other amenities, and ancillary items located in or about the facility. I agree and contract, on behalf of myself and the child(ren) and each of our respective heirs, executors, personal representatives, administrators, successors and assigns, that neither Fundamentals, LLC nor its insurers, members, employees, officers, directors, or associates shall be liable for any sickness or injuries (i.e., minor, major or catastrophic in nature, including death), damages (both economic and non-economic), and/or losses of any type sustained by myself or the child(ren) on or about the facility. 

 

Release of Liability: By signing this agreement, I hereby fully and forever release and discharge Fundamentals, LLC, its insurers, members, employees, officers, directors, and associates, from any and all claims, liabilities, expenses or judgments, including attorneys' fees and court costs, damages, demands, rights of action, causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of the use of the facility.

Further, I hereby acknowledge and agree that I received a copy of (either paper or electronically) and agreed to strictly comply (and cause my child(ren) to comply) with all Fundamentals, LLC rules and regulations for using the facility. I further agree to conduct myself (and cause my child(ren) to conduct themselves) in a controlled and reasonable manner at all times and refrain from using any equipment in a manner inconsistent with its intended design and purpose. I agree that Fundamentals, LLC may revoke or terminate my and/or my children’s use of the facility at any time if I or my child(ren) violate any of its rules, regulations, or policies.

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• I agree to be solely responsible for the safety and well-being of my child(ren) and myself. I understand that Fundamentals, LLC does not provide any supervision, instruction, or assistance for use of the facility when attending open play sessions. I attest that both I and the child(ren) maintain the skills and physical ability to properly and safely use the facilities and that Fundamentals, LLC has not and will not perform any type of screening to verify the foregoing. I understand and agree that Fundamentals, LLC is not responsible for any property that is lost, stolen, or damaged while in, on, or about the facility, including within the parking lot and personal vehicles.

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• I, for myself and any listed minor below, do hereby release, discharge and agree not to sue Fundamentals, LLC or its insurers, members, employees, officers, directors, or associates for any sickness or injury (including death) of any participant arising, directly or indirectly, from participation in or about the Fundamentals, LLC facility. Furthermore, I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose and/or effect is to provide that this waiver is invalid, limited or inapplicable and therefore I am releasing unknown future claims. 

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Medical Treatment: I hereby consent to receive, and consent to the receipt by the child(ren) of emergency first aid which may be deemed advisable in the event of injury, accident, and/or illness while present at the facility.  If emergency first aid is rendered, I understand that I am waiving any and all claims resulting from the first aid and all the terms and provisions of this agreement remain in full force and effect under those circumstances.

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I hereby certify that I am the parent or legal guardian of the child(ren) listed below, and I have authority to waive rights on their behalf. I assume all responsibility for any misrepresentation of my child(ren)'s identity or attempts to use the facility with a child not listed below. I understand that this agreement applies to any and all minors within my care while at, on, or about the Fundamentals, LLC facility. I have read and understand all of the provisions and terms of this document, including the risks, while participating at and about the Fundamentals, LLC facility. I attest that I am freely and voluntarily signing this document and understand that this agreement has no expiration date.

 

 

 

 

*All guests (children and adults) must have a complete and signed waiver for insurance purposes.

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