PLAYDAY WAIVER

You agree to allow your child to participate in PLAYDAY creative activities ("Program"), which includes, but is not limited to art classes, day camps, and/or hosting a children's party.

Notice and Representation - All Programs contain inherent foreseen and unforeseen risks that cannot be anticipated, controlled or eliminated by PLAYDAY, its agents and representatives have no duty to do so.  You represent, certify, warrant, and affirm that - in each instance You and/or Your Invitees participate in a Program - You and/or Your Invitees (a) has the ability and sufficient strength, coordination, and minimum physical fitness necessary to participate in the Program without injury to your/him/herself or others, (b) are then in a healthy medical and physical state, are not impaired in any way, (c) have had the opportunity and have in-fact sought the advice of and consulted with a medical physician/professional of Your choosing prior to enrollment and participation in a Program, and (d) understand that You and/or Your Invitees have the right to not participate in any Program and You and/or Your Invitees have the responsibility to cease participating in any Program if and when (i) any of the foregoing representations are untrue or (ii) You and/or Your Invitees deem such participation to be inadvisable.

Assumption of Risk - You understand and agree that by participating in a Program, You and Your Invitees knowingly and voluntarily engage in and assume the risk of potentially dangerous physical activity which could result in loss such as: property damage, bodily injury, partial or total disability, paralysis, death and associated socio-economic losses (collectively "Loss" or "Losses"), which can be severe.  The Losses, risks and dangers may be caused by the action or inaction or negligence of You and/or Your Invitees or others, including, its employees, agents and representatives.  This notwithstanding, You and Your Invitees assume all risk of Loss to You and Your Invitees and others arising from, related to, or in connection with (a) Your and/or Your Invitees's participation in a Program and/or (b) injuries that may be caused or compounded or increased by the negligent rescue operations or procedures of PLAYDAY, and/or (c) Your and Your Invitees's occupancy of any facility owned, controlled, or occupied by PLAYDAY, however caused.

Indemnification - For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You for Yourself, Your heirs, assigns, agents, and representatives hereby expressly agree to defend, indemnify and hold harmless PLAYDAY, its directors, officers, shareholders, employees, agents, representatives, and any of their successors or assigns from and against Loss and all suits, actions, claims, demands, loss or damages (including reasonable attorney's fees) that arise from, are related to, or in connection with (a) Your and/or Your Invitees's participation in a Program and/or (b) injuries that may be caused or compounded or increased by the negligent rescue operations or procedures of PLAYDAY, and/or (c) Your and Your Invitees's occupancy of any facility owned, controlled, or occupied by PLAYDAY, however caused.

Waiver and Release - You do hereby release PLAYDAY, its directors, officers, shareholders, employees, agents, representatives, and any of their successors or assigns of and from Loss and any liability whatsoever, which You and/or Your Invitees may sustain or suffer that arises from, is related to, or in connection with (a) Your and/or Your Invitees's participation in a Program and/or (b) injuries that may be caused, compounded or increased by the negligent rescue operations or procedures of PLAYDAY and/or (c) Your and/or Your Invitees's occupancy of any facility owned, controlled, or occupied by PLAYDAY, however caused.

Photography and Documentation - I understand while participating in a Program, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.

Binding Effect - The covenants and conditions contained in this Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

I have read this Agreement fully and I understand its terms.  I understand that I have given up substantial rights by agreeing.  I have agreed freely and voluntarily without any inducement, assurance, or guarantee being made to me and I intend by my agreement for it to be a complete and unconditional release of all liability to the greatest extent allowed by law.  I have had the opportunity to consult with an attorney of my choosing in relation hereto.

I understand PLAYDAY does not offer any REFUNDS - Purchases may be transferred for for credit and can be redeemed space permitting.

By purchasing any Program at PLAYDAY, I am agreeing and signing this Agreement.

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