Assumption of Risk, Waiver of Liability, and Indemnity Agreement
The activities at Luv 2 Play – Grapevine, TX (hereinafter "LUV 2 PLAY") include, but are not limited to, playing, climbing, swinging, walking, crawling, jumping, running, hanging, and/or any other physical interactions with the play areas that comprise LUV 2 PLAY. Participating in LUV 2 PLAY is an activity which involves certain risks. The inherent risks include, but are not limited to physical injuries such as contusions, fractures, scrapes, cuts, bumps, paralysis, or death. Inherent risks of physical injuries may, for example, result from: falls, collisions with other participants (hereafter referred to as "CO-PARTICIPANTS"), contacting a hard surface (e.g., an uncovered beam, frame, or rail; exposed springs or hooks), landing incorrectly, weight differences between you and CO-PARTICIPANTS, catching a foot or other body part under a pad, strikes on other equipment, tripping or slipping while participating in activities, or while in or around the facility. Inherent risks also include unexpected equipment failure; unknown facility hazards; careless behavior by you or CO-PARTICIPANTS; errors in judgment by an LUV 2 PLAY employee; and injuries caused by negligence on the part of LUV 2 PLAY, its employees, you or CO-PARTICIPANTS. The activity and exertion level can range from moderate to very vigorous depending upon your desire. The activity is suitable for those with experience with play areas as well as those with absolutely no experience who use sufficient caution.
Assumption of Inherent Risks
I understand that the inherent risks of LUV 2 PLAY activities are serious and that some of these activities involve risks regardless of the care taken by LUV 2 PLAY. I realize that LUV 2 PLAY activities require some degree of skill, coordination, and physical fitness. I have read the previous paragraph and: (1) I fully know and appreciate the nature of the LUV 2 PLAY activities; (2) I understand the demands of those activities relative to my physical condition, abilities, limitations and skill level; and (3) I fully appreciate the types of injuries that may occur as a result of such activities.
I hereby assert that my, and, if applicable, my child's or ward's, participation at LUV 2 PLAY is voluntary and that I knowingly assume all inherent risks of the activity on behalf of myself and, if applicable, my child or ward.
Waiver of Liability for Ordinary Negligence of LUV 2 PLAY
In consideration of permission to use the property, facilities, equipment, and services of LUV 2 PLAY, today and on all future dates, I (on behalf of myself, my child or ward, my spouse, heirs, personal representatives, my estate, my parents and assigns referred to hereafter as "RELEASING PARTIES") do hereby waive, release, discharge and covenant not to sue LUV 2 PLAY, and their respective owners, directors, officers, employees, volunteers, independent contractors, agents, affiliates, successors, assigns, and equipment suppliers -- referred to hereafter as "PROTECTED PARTIES") from liability from any and all claims, lawsuits, or causes of action, arising from the use of the LUV 2 PLAY facilities including any injury or death resulting from the ordinary negligence of the PROTECTED PARTIES. The scope of this release is intended to be one that is given the fullest effect under the law, and encompasses any claims for ordinary negligence, including, but not limited to medical treatment provided, and/or not provided in the event of an incident at the facility (whether due to the participation in the activities or otherwise).
This agreement applies to: (1) Personal injury (up to and including death) from incidents or illnesses arising from participation in LUV 2 PLAY activities (including, but not limited to any physical activity while on or at a LUV 2 PLAY facility, activity, or structure, and regardless of whether the activity is directly related to an activity contemplated above); (2) Any and all claims resulting from the damage to, loss of, or theft of property; and (3) Consequential and other damages, such as but not limited to, your inability to work, resulting from any injury or loss.
Indemnification
I, on behalf of myself and, if applicable, my child or ward, also agree to hold harmless, defend, and indemnify LUV 2 PLAY (that is, defend and pay any judgment and costs, including investigation costs, attorneys' fees, experts' fees and related expenses) from any and all claims brought by the RELEASING PARTIES arising from my and, if applicable, my child's or ward's, death, injury, or loss due to involvement in LUV 2 PLAY activities (including those arising from the inherent risks of the activity and/or the ordinary negligence of PROTECTED PARTIES.) I, on behalf of myself and, if applicable, my child or ward, further agree to hold harmless, defend, and indemnify LUV 2 PLAY and PROTECTED PARTIES (that is, defend and pay any judgment and costs, including investigation costs, attorneys' fees, experts' fees and related expenses) against any and all claims of CO-PARTICIPANTS, rescuers, and others arising from my and, if applicable, my child's or ward's, conduct in the course of using the LUV 2 PLAY facilities.
Clarifying Clauses
- I, on behalf of myself and, if applicable, my child or ward, confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and, if applicable, my child or ward, and LUV 2 PLAY and cannot be modified or changed in any way by representations or statements by any agent or employee of LUV 2 PLAY.
- I, on behalf of myself and, if applicable, my child or ward, further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
- I, on behalf of myself and, if applicable, my child or ward, agree that if any dispute shall arise from this Agreement or from my or my child's or ward's use of the LUV 2 PLAY facilities, I and, if applicable, my child or ward, shall first engage in good faith efforts to mediate the dispute. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I, on behalf of myself and, if applicable, my child or ward, agree that all disputes, controversies, or claims arising out of this Agreement or use of the LUV 2 PLAY facilities shall be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall have no power to make any errors of law or of legal reasoning. I, on behalf of myself and, if applicable, my child or ward, also understand that if legal action is brought, the appropriate trial court for the County of Grapevine in the state of Texas has the sole and exclusive jurisdiction and that only the substantive laws of the State of Texas shall apply.
- I acknowledge that PROTECTED PARTIES are providing recreational services, and not selling or leasing a product. By payment of any fee to such parties, I, and/or the minor(s) listed below, obtain a non-exclusive license to use the offerings at the facility. As such, PROTECTED PARTIES cannot be held liable under any products/strict liability claim.
- I, on behalf of myself and, if applicable, my child or ward, agree that in consideration of being permitted to participate in the recreational services of LUV 2 PLAY permission is given to be photographed and/or recorded in connection with the use of the LUV 2 PLAY facility, and permit photographs and/or recordings to be taken of me and, if applicable, my child or ward, for any business related purpose of LUV 2 PLAY, including advertising and promotional purposes. This agreement includes no right to inspect or approve the use of the any photograph and/or recording, and I acknowledge and agree that no compensation will be provided of any kind.
- I, on behalf of myself and, if applicable, my child or ward, acknowledge that LUV 2 PLAY is committed to keeping e-mail addresses confidential. LUV 2 PLAY will not sell, rent, or lease its subscription lists to third parties, and LUV 2 PLAY will not provide your personal information to any third-party individual, government agency, or company at any time unless compelled to do so by law. LUV 2 PLAY will use your e-mail address solely to provide timely information and promotions about LUV 2 PLAY. Acknowledgements to Promote Safety at LUV 2 PLAY
Health Status I, on behalf of myself and, if applicable, my child or ward, assert that: (1) I and, if applicable, my child or ward, possess sufficient physical fitness and coordination to enable safe participation in LUV 2 PLAY activities; (2) I and, if applicable, my child or ward, assume the risks of all medical conditions (e.g., asthma, diabetes, anaphylaxis, epilepsy, heart disease or high blood pressure); (3) LUV 2 PLAY encourages me and, if applicable, my child or ward, to get medical clearance prior to participation; and (4) I and, if applicable, my child or ward, will cease activity if there is discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).
Emergency Care I, on behalf of myself and, if applicable, my child or ward, assert that: (1) LUV 2 PLAY can administer emergency first aid, CPR, and use an AED if deemed necessary; (2) LUV 2 PLAY can secure emergency medical care or transportation (i.e., EMS) if deemed necessary; and (3) I assume all costs of emergency medical care and transportation.
Rules and Safety I, on behalf of myself and, if applicable, my child or ward, agree: (1) To read and obey all posted signs, including all safety-related rules while participating; (2) To listen to and obey all oral instructions, including those from employees and/or any safety video; (3) To attempt only activities that I and, if applicable, my child or ward, feel capable of performing safely; (4) To inform LUV 2 PLAY immediately if I and, if applicable, my child or ward, see conduct or a facility condition that poses a risk to others; (5) That I and, if applicable, my child or ward, understand the importance of safety rules and safety equipment; (6) That LUV 2 PLAY has the authority to terminate participation if it is deemed a potential risk to you or others.
Covered by this waiver
I understand that I am giving up substantial legal rights, including my rights, the rights of my child or ward, if applicable, and the rights of any RELEASING PARTY to sue for damages in the event of death, injury or loss. I confirm that I have read this Agreement and fully understand its terms. If applicable, I assert that I have explained the risks of the activity to my child or ward and that he or she understands the agreement.
I am at least 18 years old:
Yes
By checking this box, LUV 2 PLAY, reserves the right to communicate with its guests via mobile marketing. By giving your phone number in this waiver, you agree to receiving mobile communication from LUV 2 PLAY, This communication can include special marketing offers from LUV 2 PLAY, announcements, updates about the business and anything else we feel is pertinent to our business. We will never sell, rent, or give away our mobile list to outside businesses.
Yes I agree
If any of your below answers are yes, we cannot allow you entrance into the facility.
Do you have any of the following symptoms that cannot be attributed to a known cause other than COVID-19?
No
Fever (100.4 or higher) or chills
Cough
Shortness of breath or difficulty breathing
Fatigue
Muscle soreness or body aches
Headache
Loss of taste or smell
Sore throat
Congestion of runny nose
Nausea or Vomiting
Diarrhea
Has anyone is your home or under your care (other than yourself) exhibited any of the symptoms above? If you know that the symptoms are from a cause other than COVID-19, please answer no.
No
Have you been exposed (within 6 feet for more than 15 Minutes) to someone who has been diagnosed with COVID-19 in the last 14 Days?
No
