WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A WAIVER AND RELEASE OF LIABILITY OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE/FILE A CASE AGAINST M/s. PLAY-IN ADVENNTURES LLP AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF A LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.

In consideration of M/s. PLAY-IN Adventures LLP allowing my child/(ren) (the “Visitor”) to use the facilities and services inside their premises located at FI-01, Treasure Island Next Mall, Indore (the “Facility”) and further allowing use and participation in any and all recreational play activities at their premises or in events in which PLAY-IN is any way involved (the “Activities”), I (the “Parent/Legal Guardian”), for myself, and on behalf of my child/(ren), next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement (the “Agreement”):

  1. ASSUMPTION OF RISK: I agree/acknowledge that I and/or my child/(ren) am/are voluntarily participating in all the play activities offered by PLAY-IN in their premises, including, but not limited to, the use of play equipment, facilities and services. I further acknowledge that the play activities entail, known and unanticipated risks that could result in physical or emotional injury including, but not limited to broken bones, sprained or torn ligaments, paralysis, death, or any other bodily injury or property damage to myself, my child/(ren), or to third parties. I expressly agree/accept and assume on behalf of myself and/or my child/(ren) all risks of personal – physical and emotional injury, loss or theft of any personal property which me and/or my child/(ren) may incur. I understand that the play activities include Trampoline Park, Soft play zone, Wall climbing etc. and that using Trampolines, Soft play zone, Wall climbing have unforeseen and inherent risks. Further, I have explained these risks to my child/(ren). I elect to participate and/or allow my child/(ren) to participate in spite of the risks.
  2. I hereby represent that (i) my child/(ren) is/are in good health and in proper physical condition to participate in the said Activities; (ii) I agree that it is my sole responsibility to determine whether my child/(ren) is/are sufficiently fit and healthy enough to participate in the said Activities
  3. I understand and acknowledge the physical and mental rigors associated with the said Activities are inherently dangerous and represent an extreme test of a person’s physical and mental limits and condition. I understand that participation in the said Activities involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles, natural or manmade objects; dangers arising from adverse weather conditions; imperfect conditions existing on the premises/property where the said Activities take place; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the organizers of the said Activities; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (the “Risks”). I understand that these Risks may be caused in whole or in part by my child’/(ren)’s’ own actions/inactions, the actions/inactions of others participating in the said Activities, or the acts, inactions, or negligence of the Released Parties. I hereby expressly assume all such risks and responsibility for any damages, liabilities, losses, or expenses which I may incur as a result of my child’/(ren)’s’ participation in the said Activities
  4. I agree to be familiar with and to abide by all rules and regulations (which are placed at multiple places within the premises and/or in front of play equipment) established for the said Activities in which my child/(ren) participate. I accept sole responsibility for my child’/(ren)’s’ conduct and actions while participating in these said Activities.
  5. I, for myself and on behalf of my spouse, child/(ren) and/or legal ward, heirs, administrators, personal representatives, or assigns hereby expressly agree to hold harmless, release, waive and forever discharge PLAY-IN, their owners (M/s PLAY-IN Advenntures LLP), directors, partners, agents, officers, representatives, assigns, affiliates, volunteers, participants, employees, franchisees, insurers, and all other persons or entities acting in any capacity on their behalf from any and all liability, claim(s), demand(s), or cause(s) of action whatsoever arising out of any damage, losses, personal injury or death to me or my child/(ren) while participating in the said activities offered at PLAY-IN and also not to hold liable PLAY-IN and its affiliates, instructors, officers, directors, partners, agents, employees, designers, licensors, and members, as well as the property owner and the tenants of the property and the owners, manufacturers and installers of the equipment from any and all liability, claim(s), demand(s) and further agree to indemnify, defend and hold harmless the Released Parties, together with organizers, promoters, sponsors, advertisers, hosts, venue and property owners upon which the said Activities take place, law enforcement agencies and other public entities providing support for the said Activities, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers, with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense, including court costs and reasonable attorney’s fees of any kind or nature(“Liability”) which may arise out of, result from, or relate to my child’/(ren)s’ participation in the said Activities, including claim(s) for Liability caused in whole or in part by the negligence of PLAY-IN from any and all liability, claim(s), demand(s) or cause(s) of action whatsoever arising out of any damage, loss, personal injury, or death to me or my child/(ren), while participating in any of the activities offered at the PLAY-IN facility. This includes, without limitation, use of Trampolines, Soft play zone, Wall climbing, etc. and any other play activities in and around the PLAY-IN facility.
  6. If I and/or my child(ren) are injured, I acknowledge that I and/or my child(ren) may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense. I UNDERSTAND AND AGREE THAT PLAY-IN WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME IF I AND/OR MY CHILD(REN) ARE INJURED. Should PLAY-IN or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this Agreement, I for myself and on behalf of my child(ren), and/or legal ward, heirs, administrators, personal representatives or assigns, agree to indemnify and hold them harmless for all such fees and costs.

I hereby warrant that I have read this Agreement carefully, understand its terms and conditions and I further acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns). I further acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representation, statements, or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.

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Open 11am-9pm Every Day

 

+91 98939 66607
playin.indore@gmail.com

5th floor,
Nexus Indore Centeal Mall,
170 RNT Marg, South Tukoganj,
Indore, Madhya Pradesh. 452001