PARTICIPATION AGREEMENT, LIABILITY WAIVER, & TERMS OF USE

INSTRUCTIONS

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By utilizing our website or engaging with our services, you are implicitly consenting to adhere to the conditions outlined on this designated page. That you at-least 18 years old and possess the legal authority as either a parent or official guardian for any child whom you decide to accompany to Kidz Towne, an established Ohio Limited Liability company, referred to henceforth as "Kidz Towne". This stipulation ensures compliance with our policies and safeguards the well-being of all individuals involved in our activities and offerings.

Parent & Caregiver Responsibilities

• HEALTH ASSESSMENT. No adult or child is allowed to be at Kidz Towne who is experiencing symptoms of illness. Staff will do a visual check and may ask for you or your child's to leave if there are visual signs of illness. All adults and children are expected to practice good hand washing and sanitary practices.

• CHECK IN. When first arriving, everyone in your party must check in at the Cafe counter and receive a wristband.

• BE PRESENT. Supervision of your own child is always required.

• BE AWARE. If your child is imposing on another’s positive playtime, please step in to correct their behavior immediately. If they cannot comply, a manager may ask you to leave and return when your behavior has improved.

• SPEAK UP. If your child is bearing the brunt of another child’s negative behavior, kindly let a staff person know so that resolution can be attained.

• SAY SOMETHING. If you see something that concerns you, please bring it to the attention of the manager on duty.

• BE CONSIDERATE. If your child is crying and cannot be consoled within a reasonable time, please take the child out of our environment until they calm down.

• WASH HANDS! For your health and safety, please wash your child’s hands and your own before and after play.

• NO OUTSIDE FOOD or BEVERAGE. Please kindly patronize our Cafe and save outside food for when you leave the premises. (We will allow food from vendor machines that are on premise ).

• RESPECT SESSION TIME. Please gather personal belongings and use restrooms near the end of your session time so that you will be ready to leave when your session ends.

• KEEP TRACK OF BELONGINGS. Kidz Towne will not be responsible for lost or stolen items. Lost and found items are collected nightly and placed in the lost and found box. Once a month items in this box are given to Goodwill.
  

Child Responsibilities

• KEEP SOCKS ON! For the health and safety of all children, please remove shoes and play in socks.

• BE KIND!! Tackling, grabbing, rough play or bullying will not be tolerated. Those unable to comply will be asked to leave the premises.

• PLAY FAIR!! All children and adults will play with respect, fairness, and kindness.

• KEEP YOUR TOYS SAFE! Safety is our highest priority, so no outside toys of any kind will be allowed in the playground area. Please give those to your caregivers for safekeeping.

• EAT ONLY IN PARENTS SEATING AREA. For the safety and cleanliness of our Play Area, all food and drinks s must be eaten in the Parents seating area. ONLY.

Terms of Use

Kidz Towne reserves the right to refuse service to a customer whose presence detracts from the safety, welfare, and well-being of other customers and/or the staff and/or premise. This includes customers who appear ill or under the influence of drugs and/or alcohol. Kidz Towne reserves the right to amend these Terms of Use and Liability Waiver from time to time.

Liability Waiver

I as a parent or legal guardian of the minor child (or minor children) whose name(s) is/are set forth below (each referred to as a “Participant” and collectively referred to herein as the “Participants”) and in consideration of the Participants being permitted to participate in the Activities (“Activities” shall be defined as the various activities and services offered to Participants by Kidz Towne) conducted by Kidz Towne, agree as follows:

• I understand that the employees of Kidz Towne are not responsible for Participants who utilize the space, and it is the responsibility of the undersigned individual to supervise any minors they bring into the facility.

• I, and the children under my care, understand and agree to the rules and conditions of participation and/or attendance, posted at or explained by an employee at the Kidz Towne facility, or otherwise provided prior to participation and/or attendance (whether provided electronically, in-person or otherwise). If any of the children under my care suffer any significant hazard or injury during such participation, I will promptly inform an employee of Kidz Towne. I acknowledge that these rules and guidelines may change and that I have read and am familiar with them prior to entering the play space and making use of the facility.

• COVID-19 WARNING. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are extremely vulnerable.

BY VISITING KIDZ TOWNE, YOU VOLUNTARILY ASSUME ALL RISKS RELATED TO COVID-19.

• ASSUMPTION OF RISK – In addition to the inherent risk of exposure to COVID-19, I also understand that the Activities entail the risk of severe bodily injury to the Participants. Injuries that could result may vary but may include (a) minor injuries such as scratches, bruises and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries and concussions; (c) the risk of general exposure to common bacteria, viruses, and other potential injuries; and (d) catastrophic injuries, including paralysis and even death.

I understand that Kidz Towne cannot eliminate all risks or guarantee the safety of the Participants while Participants participate in the Activities. I have made my own investigation of these risks, understood these risks, and assume them knowingly and willingly on behalf of myself and my minor Participant child(ren).  Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and any minor Participant child(ren), and our respective heirs, personal representatives, successors, and assigns understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any sickness or injury arising out of or related to the Activities.

• RELEASE, DISCHARGE & INDEMNIFICATION – I for myself and any minor Participant child and our respective heirs, personal representatives and assigns, do hereby release, discharge, and agree not to sue Kidz Towne or its managers, members, employees, representatives, and/or other agents, for any sickness, injury to or death of any Participant arising, directly or indirectly, from participation in the Activities. This release, discharge, and covenant not to sue shall relate to any and all claims or legal rights now existing or arising in the future, including claims and legal rights arising out of any negligence of Kidz Towne and/or its managers, members, employees, representatives, and/or other agents and any other breach of a legal duty arising out of common law, applicable statute, contract, or otherwise. I agree to indemnify Kidz Towne and to hold Kidz Towne harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees and costs, incurred due to claims brought by any party as a result of or arising out of me or my minor Participant child’s involvement in the Activities and agree to reimburse Kidz Towne for any such costs, expenses and fees as they are incurred.
  

• PARENT OR LEGAL GUARDIAN CERTIFICATION AND CONSENT – I hereby certify that I am the parent or legal guardian of the minor Participant children whose name(s) appear below, and I have the authority to waive rights on behalf of the minor Participant(s). I have read and understand all of the provisions of this document and the risks of the Activities. I understand that the Activities could cause injury and even death. I acknowledge that I have read and understand the terms of this document and I am freely and voluntarily signing this document.  This Participation Agreement, Liability Waiver, and Hold Harmless Agreement have no expiration date.