PROJECT PLAY ACTIVITY CENTER LTD.
ACKNOWLEDGEMENT OF RISK, WAIVER, RELEASE, AND INDEMNITY (the “Agreement”)
Project Play Activity Center Ltd. (“Project Play”) is an indoor activity centre for children with a focus on learning through promoting development of sensory and motor skills. Our play space offers several activities, including, but not limited to, an infant area, slide, water table, sensory table, climbing wall, pretend play, magnetic wall, drop-in classes, and birthday parties (the “Activities”).
NOTICE TO PARENT(S)/GUARDIAN(S)
The Child’s participation in the Activities requires Parent(s)/Guardian(s) supervision at all times, except for select drop-in classes that specifically state otherwise. Project Play will not be providing day care or child minding services. It is a condition to the Child’s participation in the Activities that you, the undersigned Parent(s)/Guardian(s) of the Child, must sign this Agreement. By signing this Agreement, you acknowledge that you:
1. have carefully read and understand the terms contained herein;
2. understand that the Child’s participation in the Activities may expose yourself and the Child to risk of harm; and
3. accept full responsibility for exposing yourself and the Child to such risks.
PARENT(S)/GUARDIAN(S) RESPONSIBILITIES FOR THE CHILD
I, the undersigned Parent(s)/Guardian(s) of the Child, understand and accept that in respect of myself and the Child’s participation in the Activities, it is my responsibility to:
1. understand and consider the risks, dangers, hazards, and consequences of injuries inherent in the Activities;
2. take into consideration the risks and determine if the Child’s behavioral characteristics, physical health, and abilities are appropriate for participation in the Activities;
3. ensure that myself and the Child are wearing suitable clothing and socks, including any support braces and/or special equipment that may be appropriate;
4. ensure that myself and the Child are appropriately covered by medical insurance for any harm or injury that may occur; and
5. provide emergency contact information and medical information for myself and the Child, and notify Project Play immediately if any information changes.
ASSUMPTION OF RISKS
Due to the nature of the Activities, Project Play cannot identify all the risks associated with the Activities. However, some of the risks involved in the Activities may include, but are not limited to, choking, slipping, falling, colliding, exposure to allergens, and the Child exiting the facility without their Parent(s)/Guardian(s).
I, the undersigned Parent(s)/Guardian(s) of the Child, am aware of and voluntarily accept and assume responsibility of all the risks to myself and the Child in connection with our participation in the Activities, including the risks unidentified by Project Play.
WAIVER, RELEASE, AND INDEMNITY
I, the undersigned Parent(s)/Guardian(s) of the Child, hereby consent to the Child participating in the Activities. In return for Project Play permitting myself and the Child to participate in the Activities:
1. I WAIVE ALL LEGAL RIGHTS TO SUE AND ANY AND ALL CLAIMS which I, the Child, or the Child’s respective successors and assigns may have against Project Play and its respective directors, officers, employees, agents, and volunteers (the “Released Parties”) in connection with any loss, injury, damage, or expense that myself or the Child may suffer, incur, or experience in relation to our participation in the Activities.
2. I HEREBY RELEASE the Released Parties from any and all liability from any and all claims, demands, damages, orders, expenses, judgements, costs, actions or causes of action in respect of any death, injury, loss, damage, or expense myself or the Child may suffer, however caused, arising out of or in connection with our participation in the Activities, and notwithstanding that such death, injury, loss, damage, or expense may have arisen by reason of the negligence of any of the Released Parties.
3. I AGREE TO INDEMNIFY hold it harmless the Released Parties for and from any and all losses, injuries, damages, and expenses of any kind that Project Play may suffer, incur, or experience and for any and all complaints, demands, claims, actions, suits, judgements, and orders for any and all loses, injuries, damages, or expenses of any kind anyone else may suffer, incur, or experience in connection with our participation in the Activities.
ACKNOWLEDGEMENT
I hereby agree that this Agreement is governed by the laws of the Province of British Columbia and should any provision or provisions of this Agreement be held unenforceable or illegal, it is agreed that the remaining provisions shall remain in force and be binding upon the parties as though the illegal or unenforceable provision or provisions had never been included.
This Agreement shall be binding upon myself, the Child, and each of our respective heirs, administrators, successors, permitted assigns, and anyone else capable of making a claim on my behalf or the Child’s behalf.
This Agreement may be signed by electronic signature (e.g., DocuSign, portable document format (“.pdf”) or similar electronic signature technology) and/or transmitted by electronic means, and thereafter maintained in electronic form, and that such electronic record will be valid, and effective to bind the party so signing, as a paper copy bearing such party’s handwritten signature. Electronic signatures appearing on this Agreement will be treated, for the purposes of validity, enforceability, and admissibility, the same as handwritten signatures.
I, the undersigned Parent(s)/Guardian(s), certify that I have read and understand the contents and acknowledgement of this Agreement in its entirety and I agree that it is binding on me.