Participant Agreement, Indemnification, Waiver, General Release, and Assumption of Risk Agreement (hereinafter referred to as “Agreement”)
 
All children participating in any activities and services within our facility must have a valid waiver on file. Once your response has been recorded in our system you will not need to submit this form again for future visits.
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I, the undersigned, represent that I am the parent or legal guardian of the participants(s) named below (hereinafter each referred to as “Participant” and hereinafter collectively referred to as “Participants”), or I have obtained permission from the parent/guardian of the Participant(s) named below to execute this agreement on their behalf.
 
I, on behalf of myself and the Participant(s) named below acknowledge that this Agreement form will be used and relied upon by Hide and Seek – A Play Boutique, LLC (hereinafter referred to as “Hide and Seek”) and that it will govern my actions and rights.
 
In consideration of being allowed to enter Hide and Seek premises, including, but not limited to, the interior and exterior of the building (hereinafter referred to as “Premises”) and/or to participate in or use any Hide and Seek equipment, services, or activities or to consume food and/or drink offered by Hide and Seek (hereinafter referred to as “Activities and Services”), I the undersigned, on behalf of myself and on the behalf of the Participant(s) named below acknowledge, appreciate and agree to the following conditions:
 
PARTICIPANT AGREEMENT:
Play Rules: I, on behalf of myself and the Participant(s) named below:
1. have read or have explained to the Participant(s) the Play Rules and acknowledge, understand, and agree to follow the Play Rules at Hide and Seek, including but not limited to:
• NO running, climbing on equipment not suited for climbing, or aggressive behavior.
• Always BE AWARE of your surroundings, other people around you, and the condition of the equipment you are using.
• Know your own physical limitations.
• Observe posted age restrictions in certain areas.
2. acknowledge and understand that a violation of the Play Rules may contribute to and/or cause injury to myself, any or all individuals named below, or others. In addition, if I observe any hazard during our participation, I will bring it to the attention of the nearest Hide and Seek employee or official immediately.
3. understand and will abide by all rules established for all Activities and Services, including, without limitation, all verbal instructions, Play Rules, and posted signage at the Premises, and I/we have had the opportunity to ask questions.
4. acknowledge that these rules, instructions and signage may change at any time and that I have read or have explained them to the Participant(s) prior to entering and making use of the Premises.

Personal Responsibility: I, on behalf of myself and the Participant(s) named below:
1. understand that outside food or drink is not allowed at Hide and Seek, during open play hours. Hide and Seek does not service any peanut products, but I understand that Hide and Seek is not liable for an allergic reactions.
2. certify that I and the Participant(s) are physically fit and may participate in the Activities and Services available at Hide and Seek, and have not been advised to the contrary by a qualified medical professional.
3. are solely responsible for the consumption of any food or drink by me or the Participant(s) while at the Hide and Seek facility.
4. are solely responsible for determining levels of fitness, skill, and health to participate and avoid injury in Activities and Services offered at Hide and Seek.
5. agree to pay for all damages to the facilities of Hide and Seek caused by the negligence, recklessness, or willful actions of me or the Participants(s).  
 
RELEASE OF LIABILITY: Despite all known and unknown risks, including but not limited to, serious bodily injury, permanent disability, paralysis, and death, that may be sustained while on the Premises, I, on behalf of myself, and the Participant(s) named below, including minor children, and their respective wards, heirs, assigns, personal representatives, and estates, if any (collectively, the “Releasors”) hereby expressly, unconditionally, and voluntarily agree to release, relinquish, waive, hold harmless, forever discharge, and covenant not to sue Hide and Seek and its agents, owners, subsidiaries, officers, directors, principals, volunteers, employees, independent contractors, insurers, facility operators, land and/or Premises owners, and any and all other persons and entities acting in any capacity on Hide and Seek’s behalf, including suppliers, designers, installers, vendors, or manufacturers of any equipment, toys, or material, or other equipment, toys or materials at the Premises (collectively, the “Releasees”), from any and all liability for any causes of action, suits, sums of money, controversies, damages, judgments, claims, or demands, whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by the Releasees while the Releasors are on or about the Premises, participating in, or as a result of participating in, any of the Activities and Services on or about the Premises, and/or using any items purchased on or about the Premises, regardless of how any claim or accident may occur and whether the action arises out of any damage, loss, personal injury, emotional injury, or death to the Releasors. This release of liability is effective and valid regardless of whether the damage, loss, personal injury, emotional injury, or death is a result of any negligent act or omission by the Releasees. This release of liability further includes any claims for first-aid or medical treatment provided (negligently or otherwise) or failed to be provided by the Releasees. The Releasors agree that the Releasees are not liable for any personal property that is damaged, lost, or stolen while on or about the Premises, whether or not the Releasees were negligent.
 
ASSUMPTION OF RISK: The Releasors acknowledge that the Releasors are voluntarily participating in the Activities and Services, which the Releasors agree can be dangerous, with both known and unknown inherent risks, including the risk of serious bodily injury, permanent disability, paralysis, and death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; any illness, including, but not limited to, known or unknown infectious and/or communicable diseases, epidemics, and/or pandemics, or known or unknown intentional or negligent failure to quarantine without regard to declarations made or not made by federal, state, or local authorities; colliding with fixed objects or other people; or negligence, errors, or omissions by the Releasors, the Releasees, and/or any other person or entity while on the Premises. The Releasors voluntarily assume all risks related in any way to the Activities and Services, including but not limited to those listed above. The Releasors understand and acknowledge that Hide and Seek does not manufacture the equipment, toys or materials located at the Premises, Hide and Seek purchases and/or leases the equipment, toys or materials from other parties over which it does not have control, and therefore Hide and Seek shall not be held liable for any alleged defects in the equipment, toys or materials. The Releasors understand that, Hide and Seek cannot eliminate all risks or guarantee the safety of the Releasors while the Releasors participate in the Activities and Services. The Releasors have made their own investigation of these risks, understand these risks, and assume them knowingly and willingly.
 
DEFENSE AND INDEMNIFICATION: The Releasors hereby agree to defend, indemnify, and hold harmless the Releasees from and against any and all losses or liability, claims, obligations, costs, damages, and/or expenses, including attorneys’ fees, arising out of access to or use of the Premises and/or participation in, consumption of or use of Activities and Services, including, but not limited to, any losses, injury, damages or claims caused by, resulting from, or relating to the sole negligence or fault of Releasees, any losses, injury, damages or claims caused by, resulting from or related to in any way the negligence or fault of any Releasors, or any losses, damages or claims caused by, resulting from or related to in any way any signatory to this Agreement wrongfully representing the signatory’s authority to sign this Agreement. The scope of this Defense and Indemnification provision includes, but is not limited to, any actions or suits brought by or on behalf of a minor named below. Indemnification herein includes any and all attorneys’ fees, costs, damages, and/or judgments incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of Hide and Seek, prejudgment and post-judgment interest shall accrue thereon at a rate of 15% per annum.

SECURITY CAMERAS: I understand that security cameras installed around and within Hide and Seek’s facility are for the safety of all participants and may be referenced should any incidents or injury occur.
 
COVID-19 WARNING. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are extremely vulnerable. BY VISITING Hide and Seek, YOU VOLUNTARILY ASSUME ALL RISKS RELATED TO COVID-19.
 
PHOTOGRAPHY/VIDEO/AUDIO RELEASE: The Releasors acknowledge that the Releasors and the Participant(s) named below, including minor children, hereby grant to Hide and Seek the irrevocable right and permission to photograph and/or record video and/or audio of Releasors on the Premises and to use all such photographs and/or recordings for any lawful purpose, including, without limitation, for advertising, promotional, and other commercial purposes, in any manner, and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. The Releasors waive any right to inspect or approve the use of any photograph and/or recording, and the Releasors acknowledge and agree that the rights granted by this release are without compensation of any kind. If I do not agree to this I have the option to opt out of the photo/video/audio release below.
 
ARBITRATION AND VENUE: Any and all controversy, disputes or claims arising out of or relating to this Agreement, a breach thereof, the Premises, facilities, Activities and Services, property damage (real or personal), personal injury (including death), or the scope, interpretation, arbitrability, or validity of this Agreement, including this arbitration agreement, shall be brought by the parties only in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled and finally resolved exclusively by binding, confidential, and private arbitration before a single arbitrator located within 25 miles of the Premises and in accordance with the rules of the American Arbitration Association then in effect. The decision and award shall be binding upon all parties, and judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. No award shall exceed the amount of the claim submitted by either party, and the arbitrator shall have no authority to award punitive or exemplary damages or attorneys’ fees. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Michigan, without regard to “choice of law” principles. Notwithstanding the provision with respect to the applicable substantive law, arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.). If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph. Further, should any debt and/or judgment accrue in favor of Hide and Seek, prejudgment and post-judgment interest shall accrue thereon at a rate of 15% per annum.
 
TERMS OF AGREEMENT AND SEVERABILITY: The Releasors understand that this Agreement extends forever into the future and will have full force and legal effect each and every time any of the Releasors visit the Premises. The Releasors agree and understand that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Michigan and that this Agreement shall be governed and interpreted with the laws of the State of Michigan and that if any portion thereof is held invalid or unenforceable, that invalidity or unenforceability does not affect the other provisions of this Agreement, which shall continue in full legal force and effect.

LEGAL RIGHTS: By signing this AGREEMENT, I understand that I am waiving certain rights for myself and the minors named herein, including the right to pursue any legal action or claim.
 
AUTHORIZATION TO SIGN: By signing this Agreement, I represent, under penalty of perjury, that I am authorized to sign this Agreement on behalf of the Participant(s) named below, and I am authorized to waive any rights held by those Participants to pursue a claim or legal action against Hide and Seek for any injury, including paralysis or death, caused in whole or in part by the negligence or fault of Hide and Seek, including any of its owners, affiliates, agents, employees, insurers, vendors, and suppliers. I acknowledge and understand that Hide and Seek is relying upon this representation before allowing Participants to enter and use this facility. I further understand, acknowledge, and agree that any fraudulent or inaccurate representation in this Agreement may subject me to certain obligations and legal action, including but not limited to, defense and indemnification, fraud, and trespass.

I acknowledge that I have read and understand the terms of this document and I am freely and voluntarily signing this document.  This Agreement has no expiration date.