RULES, ACKNOWLEDGEMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT
Oh What Fun, LLC (owner and operator of “Oh What Fun Play Place”) prides itself on maintaining a safe, clean, and fun environment for our guests. These Rules are designed to promote safety and to allow each and every guest the opportunity to enjoy their time in the facility. Please assist us in helping our fun seekers adhere to the rules for their safety and the safety of others around them.
Parents’ Night Out Rules
(1) Children must be at least 36 months of age to participate in parents night out/drop off events.
(2) Each child must be completely and successfully potty-trained.
(3) Oh What Fun, LLC will be unable to administer medications or make accommodations that would hinder Oh What Fun, LLC from providing care to all other children.
(4) All guardian information, emergency contact, insurance, and background information must be complete and up-to-date before leaving children.
(5) If a child has a special diet that conflicts with the snack/meal for the event, please provide a lunchbox for the child.
(6) No early drop-offs will be allowed.
(7) Late fees will be charged at $5 per minute until picked up. Emergency contact will be notified to pick up the child after 5 minutes late.
(8) All guests must have a signed copy of this Rules, Acknowledgement, Assumption of Risk, Release, Waiver of Liability, Indemnification and Hold Harmless Agreement on file prior to admission to the facility.
(9) As many young guests have food sensitivities or allergies, we limit outside food that is carried inside the facility.
(10) Outside meals may not be consumed inside the play area. Small snack items are permitted in designated areas. Food and drink items are only permitted only in designated areas or when an event is taking place. Please do not eat or drink in any other locations inside the facility. No food, snacks, baby food or drinks are permitted in Toddle Town at any time, even during private events. No candy consumption or gum use permitted on the premises.
(11) Adults and children that exhibit signs of illness will not be permitted inside the facility. We ask that parents, guardians, and adult caregivers do not bring sick children to the facility. Symptoms of illness include, but are not limited to, fever, runny nose, cough, sore throat, rash, vomiting, diarrhea, ear pain, eye redness or discharge, skin discoloration, and/or discomfort and general irritability. We welcome you to visit when you or your child is feeling better. Children with injuries should not use equipment.
(12) No climbing on furnishings that aren’t designed for such activity. Climbing should be reserved for the slides and/or the traverse wall, when available.
(13) Shoes with a rubber, non-slip sole must be worn at all times. Backless or flip-flop type shoes will not be permitted. If you do not have appropriate shoes, we will try to offer, as a convenience, a non-slip option for purchase.
(14) No outside toys are permitted to be brought in Oh What Fun!.
Oh What Fun, LLC welcomes all guests and encourages friendly interaction among visitors. Harassment or bullying, in any form, will not be tolerated. Roughhousing, violent behavior, obscene language, discriminatory behavior, or clothing with obscene, sexually explicit or discriminatory language is not permitted. The determination of suitable behavior and clothing rests solely with Oh What Fun, LLC.
Guests that are unable or unwill to follow facility rules will be asked to leave the premises. No refunds will be given. Oh What Fun, LLC reserves the right to deny present and future entry to any guest(s) unwilling to follow the Rules or to those guest(s) who have committed a serious infraction, the determination of such infraction rest solely with Oh What Fun, LLC.
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THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT TO RECOVER DAMAGES IF YOU ARE INJURED WHILE PARTICIPATING IN ANY ACTIVITY AT OH WHAT FUN, LLC. PLEASE READ CAREFULLY BEFORE SIGNING.
Oh What Fun, LLC means Oh What Fun, LLC, its members, managers, officers, assigns, principals, any associated persons or companies, the physical premises of all business locations as well as all business and service operations performed on behalf of Oh What Fun, LLC.
ACKNOWLEDGMENT AND ASSUMPTION OF RISK
In consideration of my admission and participation at any Oh What Fun! Facility, I acknowledge and willingly agree that:
I, and any minor children I am the parent or guardian of, are entering the business or business facility voluntarily and of our own free will.
I, and any minor children I am the parent or guardian of, acknowledge and fully understand that activities within the facility involves risk of injury, including serious and/or permanent physical injuries and death which might result not only from our own actions, inactions or negligence, but also the actions, inactions or negligence of others, including Oh What Fun, LLC, its members, managers, officers, assigns, principals, agents, employees and volunteers, (hereafter referred to as “Releases”), the environmental conditions or the equipment used.
I, and any minor children I am the parent or guardian of, are physically able to participate in the activities we voluntarily choose to participate in at the facility and know of no disability or prior injury which would prevent our participation in the activity or potentially lead to our injury or the injury of another.
I, and any minor children I am the parent or guardian of, accept personal responsibility for the damages following such injury, permanent disability or death, including those resulting from the negligence of the Releasees.
I, and any minor children I am the parent or guardian of, knowingly and freely assume all risks, both known and unknown, even those arising from the negligent acts or omission of others and assume full responsibility for our own participation.
RELEASE, WAIVER OF LIABILITY
I hereby release, waive, discharge and covenant not to sue Oh What Fun, LLC, its members, managers, officers, servants, agents, employees and volunteers, from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the Releasees, or otherwise, while participating in any activity at Princesses and Princes.
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
I further hereby agree to indemnify and save and hold harmless the Releasees, from any loss, liability, damage or costs they may incur due to my participation in any activity, whether caused by the negligence of any or all of the Releasees, or otherwise.
It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above name Releasees.
VIDEO SURVEILLANCE ACKNOWLEDGMENT
I understand that to promote the safety of employees and guests, as well as the security of its facilities, Oh What Fun, LLC, its licensees or assignees, may conduct video surveillance of any portion of its premises at any time, the only exception being private areas (i.e. restrooms, showers, dressing rooms etc.). Video cameras will be positioned in appropriate places within and around Oh What Fun, LLC buildings, equipment, and facilities and used to promote safety and security of people and property. I understand that this surveillance may occur at any time during my visit to any Oh What Fun, LLC property and hereby give my consent to such video surveillance at any time the company my choose.
PHOTOGRAPH AND MODEL RELEASE ACKNOWLEDGMENT
I understand that Oh What Fun, LLC, its licensees or assignees may take photographs, video, or other physical or digitally recorded media on its premises at any time, the only exception being private areas of restrooms, showers, and dressing rooms.
I hereby grant Oh What Fun, LLC, its licensees or assignees, either separately or together, either wholly or in part, the perpetual and irrevocable and unrestricted right to use my likeness in photographs, video, or other physical or digitally recorded media in any of its publications, including web-based publication, without payment or other consideration. I hereby assign full copyright of these photographs, video, or other physical or digitally recorded media to Oh What Fun, LLC, its licensees or assignees together with the right of reproduction either wholly or in part.
I hereby grant Oh What Fun, LLC, its licensees or assignees unrestricted use of these photographs, video, or other physical or digitally recorded media for whatever purpose, including advertising, with any retouching or alteration without restriction. I hereby irrevocably authorize Oh What Fun, LLC, its licensees or assignees to edit, alter, copy, exhibit, publish, or distribute these photographs, video, or other physical or digitally recorded media for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of any photographs, video, or other physical or digitally recorded media.
I understand and agree that all photographs, video, or other physical or digitally recorded media will become the property of Oh What Fun, LLC, its licensees or assignees and will be returned.
I hereby hold harmless, release, and forever discharge Oh What Fun, LLC, its licensees or assignees from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
FAILURE TO ENFORCE IS NOT A WAIVER
We may choose to delay or not enforce any term in this agreement (including fees) without losing our rights. Any failure or delay by us in enforcing strict performance of this agreement (including, but not limited to, accepting late or partial payments or payments marked “payment in full” or tendered with other conditions or limitations) shall not be considered a waiver of any of the terms of this agreement or any of our rights. Any waiver of rights by us must be in writing and signed by one of our authorized representatives.
This RULES, ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT is governed by and shall be construed in accordance with the Laws of the Commonwealth of Kentucky. If any provision of this Agreement is deemed unlawful or unenforceable, such provision(s) shall be fully separable, and the remained of this waiver shall be in full force and effect.
In signing this Release, I acknowledge and represent that I have read the foregoing RULES, ACKNOWLEDGEMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT, fully understand it, and sign it voluntarily as my own free act and deed; that no oral representation, statements or inducements, apart from the foregoing written agreement, have been made; that I am the legal parent, guardian or adult caregiver authorized by the legal parent or guardian for the below-named child(ren) and I have the permission and authority to agree to the terms within; I have read the facility rules located within this Agreements (“Rules”), agree to abide by them and agree that the below named minor child(ren) will abide by them; that I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same; and that this Agreement is to be binding upon myself, my heirs, executors, administrators, and representatives in the event of my death or incapacity.