In consideration of being granted permission to enter and utilize the facilities, activities, and programs of FunZy Playground (hereafter referred to as the “Indoor Playground”), I, the undersigned, both in my personal capacity and on behalf of any minors accompanying me (collectively referred to as “Visitor(s)”), hereby acknowledge, understand, and agree to the terms and conditions of this Agreement as outlined below, including Exhibit A, which forms an integral part of this Agreement.

 1. Authority Regarding Minors: I represent and warrant that I am either the parent or legal guardian of any minor(s) accompanying me to the FunZy Playground, or that I have obtained express permission from the parent/legal guardian of such minor(s) to agree to the terms set forth herein on their behalf.

 

2. Supervision and Risk Acknowledgement: I understand and accept that I am responsible to monitor the activities of the undersigned minor(s) and acknowledge that there are known and unknown risks associated with participation in the activities of the FunZy playground, the use of any equipment within or outside of the play area, as well as interaction with other customers and employees, which may include, but are not limited to, transmission of bacteria, viruses, germs, and diseases, contusions, fractures, scrapes, cuts, bumps, paralysis, or death.

3. I acknowledge and understand that the Minor(s) are under my constant supervision and are in good health and proper physical condition to participate in the activities of the playground. I also acknowledge to discontinue any participation once the above conditions are changed. 

4. I, for myself and the undersigned Minor(s), agree to comply with all stated and customary terms, rules, and verbal instructions as conditions for play and participation in any activity of the FunZy Playground.

5. I acknowledge and agree that all undersigned Minor(s) and I shall use all play equipment and any other equipment or part of the premises appropriately, adhering to all play rules and any limitations including but not limited to size and weight. Furthermore, I understand and agree that I will be solely responsible for any and all costs to repair or replace any damage to the facility and/or the equipment therein incurred by the undersigned Minor(s) and/or myself that may be caused by negligent, reckless, or willful actions. I agree to be held liable for all such costs associated with such damages. 

6. I, for myself and the undersigned Minor(s) agree to hold harmless, release, waive and indemnify the owner of FunZy Indoor Playground, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees, advertisers and sponsoring agencies from any and all injuries, disability, death or loss, liabilities or damages from participation, and transmission of any diseases, germs, virus, and bacteria. This waiver and release shall be binding and apply to all risks, known or unknown.

 

7. Media Consent and Release: By entering FunZy Indoor Playground, Visitor hereby grant permission to FunZy Indoor Playground to capture and use photographs, videos, and/or other digital representations of Visitor(s) and any accompanying minors (collectively “Participant(s)”) for promotional, advertising, and marketing purposes. This includes the use of such media on websites, social media platforms, print materials, radio, and television, without any entitlement to compensation or acknowledgment to the Participants. Participants acknowledge that this consent is given freely and encompasses all forms of media and usage.

 

8. I agree to receive any necessary medical treatment from any licensed hospital, physician, or medical personnel that will be deemed to be necessary in case of any injury or need of medical attention while being in the premises of the FunZy Playground in the Activity. I acknowledge that I am the only party responsible for all costs related to such medical activities and I release any other parties from any kind of liability related to it.

9. I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. I am releasing unknown future claims.

10. Legal Competency and Voluntary Agreement: I hereby affirm that I am fully competent and of legal age to understand and voluntarily enter into this agreement. I confirm that my agreement is made of my own free will, without any undue influence, coercion, or duress.

11. Severability: If any provision of this Agreement is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this Agreement, which shall continue in full force and effect as if the Agreement had been executed without the invalid or unenforceable provision.

12. Governing Law and Jurisdiction: In the event of any dispute arising from or related to this Agreement that cannot be resolved amicably between the parties, such dispute shall be subject to the exclusive jurisdiction of the federal and state courts seated in Los Angeles County, California. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

13. Disclaimer of Warranties: EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE FunZy INDOOR PLAYGROUND SERVICES AND FACILITIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FunZy DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FunZy DOES NOT WARRANT THAT THE SERVICES AND FACILITIES WILL MEET THE VISITOR'S REQUIREMENTS, BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM DEFECTS. THE VISITOR ACKNOWLEDGES AND AGREES THAT USE OF THE PLAYGROUND IS AT THEIR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FunZy OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY UNLESS SPECIFICALLY STATED IN THIS AGREEMENT.