Luv 2 Play - San Jose, CA

Indoor Playground Waiver of Liability / Assumption of Risk

Please read this entire waiver carefully, and check each box as you read and agree to each section of this agreement, as this is a legal binding document.

By signing this waiver, I am giving up my rights and the rights of my spouse and children and wards to sue Luv 2 Play – San Jose, CA for any injury, including paralysis or death, caused in whole or in part by the negligence or fault of Luv 2 Play – San Jose, CA

I further grant Luv 2 Play – San Jose, CA  the right, without reservation or limitation, to videotape, and or record me and/or my child(ren) and/or my wards on closed circuit television without compensation to me or my child(ren).

As consideration for being allowed to enter the indoor play area and/or Participate in any party, activity and/or program at Luv 2 Play –San Jose, CA , the undersigned, on his or her behalf, and on the behalf of the Participant(s) identified below, acknowledges, appreciates, understands, and agrees to the following:

A.       I represent that I am the parent or legal guardian of the Participant(s) named below or I have obtained permission from the parent/legal guardian of the Participant(s) named below to execute this agreement on their behalf.

B.       I acknowledge and understand that there are known and unknown risks associated with participation in Luv 2 Play – San Jose, CA activities and the use of the play area and any and all Luv 2 Play – San Jose, CA  equipment, which include but are not limited to: contusions, fractures, scrapes, cuts, bumps, paralysis, or death.

C.       I, for myself and the Participant(s) named, willingly assume the risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS, which I also willingly assume.

D.       I agree that the Participant(s) named, and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any play event, parties or activities at Luv 2 Play – San Jose, CA.

E.       I, for myself, the Participant(s) named, our heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the independent owner(s), members, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees and sponsoring agencies from all liability for any such injury, disability, death or loss or damage to person or property to the fullest extent of the law.

F.       I additionally agree to indemnify the independent owner(s), members, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees and sponsoring agencies for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation in any play event, parties or activities at Luv 2 Play – San Jose, CA .

G.       I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.

H.       I understand that entry, by myself and the participant(s) named, constitutes consent for Luv 2 Play – San Jose, CA  to use any film, video, or likeness of participants for the purpose of marketing and promotional use , without payment to the participant.  Such said purposes are but not limited to:  Friends and Family Night, Grand Opening and Special Events.

I.        We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we 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. We will use your e-mail address solely to provide timely information and promotions about Luv 2 Play-San Jose, CA    

J.         The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

K.      Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of the Event location and in accordance with the rules of the American Arbitration Association then in effect.  

By checking this box, I further acknowledge and accept the terms and conditions of this waiver, release, hold harmless and indemnification agreement as detailed in A through K above for any and all future visits during the next twelve (12) month period. Please keep this waiver, release, hold harmless and indemnification agreement on file and active, for the participants and parent/guardian listed above, for a period of twelve (12) months from the date of acceptance.

I am at least 18 years old 

     Yes          

By checking this box,  Luv 2 Play – San Jose, CA. 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 – San Jose, CA. This communication can include special marketing offers from  Luv 2 Play – San Jose, CA., 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

Party Cancellation Policy Initial deposit is non refundable. If you cancel before 7 days of the event, Initial deposit is available as store credit for any future events. If you cancel your event within 7 days of your event, we will deduct flat $100 from initial deposit and the rest will be available to you as store credit. I understand that I will loose full initial deposit for not showing up for my event without informing Luv 2 Play – San Jose, CA.

  Yes   I agree