In consideration of being permitted by Stay ‘N Play to enter the premises located at 950 Yale Ave STE 28 Wallingford, CT 06492 (the “Premises”) and participate in any of the open Play, birthday parties, play parties, and workshops offered by Stay ‘N Play on the Premises (the “Activity”) and in recognition of Stay 'N Play’s reliance hereon, I, on my own behalf and on behalf of the minor(s) identified above, agree to all the terms and conditions set forth in this agreement (this "Release").

 

1. I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I am also aware of the contagious nature of bacterial and viral diseases, including but not limited to COVID-19 (collectively, the "Disease") and the risk that I may be exposed to or contract the Disease by being on the Premises and engaging in the Activity, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of other participants of Stay ‘N Play. I understand that Stay ‘N Play cannot guarantee that I will not be injured or become infected with the Disease while on the Premises or during my participation in the Activity and that being on the Premises and engaging in the Activity may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AND THE ABOVE LISTED MINOR(S) IN MY CARE ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM.
    

2. I hereby expressly waive and release any and all claims now known or hereafter known against Stay ‘N Play and its officers, directors, manager(s), employees, agents, members, successors, and assigns (collectively, "Releasees") on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating in the Activity, whether arising out of the ordinary negligence of other participants of Stay ‘N Play or otherwise. I covenant not to make or bring any such claim against Stay ‘N Play or any other Releasee and forever release and discharge Stay ‘N Play and all other Releasees from liability under such claims.
    

3. I confirm that I am: (a) in good health and in proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever), do not have a confirmed or suspected case of the Disease, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while on the Premises or participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of Stay ‘N Play at all times. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity. I acknowledge that Stay ‘N Play is relying on these statements to allow me to participate in the Activity.
    

4. I shall defend, indemnify, and hold harmless Stay ‘N Play and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by Stay ‘N Play or any other Releasees, arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Activity, including any claim related to my own negligence.
    

5. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless Stay ‘N Play and all other Releasees from any claim based on such treatment or other medical services.
    

6. I agree that I will video and/or photograph only my own child/ren on the Premises. I agree that I will make every effort not to photograph other patrons or their children. I understand that, while on the Premises, if a photo of me or my child is taken by another patron without my permission, it is not Stay N’ Play’s responsibility to stop or question that individual or confiscate the photograph. I agree to hold Stay ‘N Play harmless should my likeness, or that of my child, be used by another individual without my permission. I hereby give Stay ‘N Play permission for the copyright and use of photos or videos they may capture of my child or me for use in various areas, including but not limited to the Stay ‘N Play website, training materials, promotional materials, marketing materials, and online. I hereby give Stay ‘N Play further permission for the copyright and use of these photos or videos on Stay ‘N Play’s social media websites.
    

7. This Release constitutes the sole and entire agreement of Stay ‘N Play and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall insure to the benefit of Stay ‘N Play and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Wallingford, Connecticut and I hereby consent to the exclusive jurisdiction of such courts.

 

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE STAY ‘N PLAY. I ACKNOWLEDGE THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.