Sign the Waiver
In exchange for participation in the activity of a children's drop-off and play center operated services of Nelly's Playground LLC, also known as KIDDY CLUB, located at Yorkshire Plaza in Aurora, Illinois,. I hereby agree for myself and for the members of my family including, any minor children, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings and to follow any oral instructions or directions given by Nelly's Playground LLC, and its employees, representatives, and agents.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activities which include but are not limited to playground equipment and other children's playground activities, and I assume full responsibility for personal injury and property damage to myself and my family members, including any of my minor children, and further release and discharge Nelly's Playground LLC and its agents, employees, representatives, shareholders, officers and directors from any injury, loss, or damage arising out of mine or my family's or minor children's use of or presence upon the facilities of Nelly's Playground LLC, whether caused by the fault of myself, my family, my minor children, or any other third parties present at the premises, or by Nelly's Playground LLC,, and any of its agents, employees, representatives, shareholders or directors. This Release is effective as of the date that I sign this Agreement and will remain in effect without renewal for one year from the date this Release is signed unless sooner terminated in writing by the undersigned.
3. INDEMNIFICATION. I agree to indemnify, save, defend, and hold harmless, Nelly's Playground LLC, and any of its agents, employees, representatives, shareholders, officers and directors, against all claims, demands, cause or causes of actions, damages, judgments, cost or expenses, including attorney's fees and other litigation costs, which may in any way arise from mine or my family's or my minor children's use of or presence upon the equipment or facilities of Nelly's Playground LLC
4. FEES. I agree to pay for all damages to the facilities of Nelly's Playground LLC caused by any negligent, reckless, intentional, willful or uncontrolled actions caused by me, my family, or my minor children.
5. CONSENT. I, do hereby consent to the participation of my minor children, in all activities at Kiddy Club the children's drop-off and play center, and agree on behalf of myself and the above minors to all the terms and conditions of this Agreement. By signing this Release of Liability I represent that I have legal authority over and physical custody of my minor children, , and do hereby indemnify, save and hold harmless Nelly's Playground LLC in connection with such representation of authority.
6. MEDICAL AUTHORIZATION: In the event of an injury to any of the above minor children during the above described activities I give my permission to Nelly's Playground LLC or to the employees, representatives, or agents of Nelly's Playground LLC to arrange for all necessary medical treatment for which I shall be financially responsible. This authority will begin as of the date that I sign this Agreement and will remain in effect for one year from the date this Release is signed unless sooner terminated in writing by the undersigned. Nelly's Playground LLC, shall have the following powers:
A. To seek appropriate medical treatment or attention on behalf of my child or children as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
B. Power to authorize medical treatment or medical procedures in an emergency situation; and
C. The power to make appropriate decisions regarding clothing, bodily nourishment, and shelter.
7. APPLICABLE LAW. All claims arising from participation in the above activities shall be interpreted and construed under the laws of the State of Illinois.
8. NO DURESS. I acknowledge and agree that I am under no pressure, duress, or coercion, to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own counsel review this Agreement if I so desire.
9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the parties. In the event of any ambiguity found to exist in the interpretation of this Agreement, or any of its provisions, the parties and each of them, explicitly reject the application of any legal or equitable rules of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provisions of this Agreement or of any other applications of such provisions, as the case may be, and such invalid or unenforceable provisions shall deemed not to be a part of this Agreement.
11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through amicable negotiation between the parties. If this matter is not resolved by such negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution Procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final and any judgment may be entered upon it by any Illinois Court having proper venue.
12. EMERGENCY CONTACT. In case of emergency please call at phone number
13. AUTOMATIC RENEWAL. This Agreement, and all of its provisions, shall be construed as a continuing release, waiver and indemnification for one year from the date this Release is signed unless terminated earlier in writing, whenever I, my family or my minor children may be on the premises or engaging in any activities furnished at the premises, without requiring the execution of a new or subsequent Release of Liability by myself or any other person whose rights are affected hereby.
15. FACSIMILE/ELECTRONIC SIGNATURE. This document may be signed by any electronic means, including the use of facsimile machine or use of any electronic signature software, programs or applications including but not limited to DocuSign, and such signature shall be deemed as valid and enforceable as on original signature for all purposes.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS ON MY BEHALF AND ON BEHALF OF MY FAMILY AND MY MINOR CHILDREN.
In connection with my and the Child's use of the Kiddy Club Facility, I consent to the recording of the Child's and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means ("Recordings"). I hereby consent to and authorize Kiddy Club and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child's name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any Kiddy Club Facility. I further agree that the foregoing includes the consent to use the Child's and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS WAIVER, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS ON MY BEHALF AND ON BEHALF OF MY FAMILY AND MY MINOR CHILDREN.