Must be agreed to by a parent or guardian before child can participate.
 
In consideration of being allowed to enter Hide and Seek – A Play Boutique, LLC (“Hide and Seek”), to use any equipment, or to participate in any class, birthday party, event or any other activity or service, or to consume food and/or drink offered by Hide and Seek (hereinafter referred to as the Activities), the undersigned, on his or her behalf and on the behalf of the participant(s) identified below, acknowledges, appreciates and agrees to the following conditions:
 
1. I represent that I am the parent or legal guardian of the participants(s) named below, or I have obtained permission from the parent/guardian of the participant(s) named below to execute this agreement on their behalf. I agree that the participant(s) named below and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any Activities at Hide and Seek. I acknowledge that these rules and instructions may change and that I have read and am familiar with them prior to entering the play space and making use of the facility. Hide and Seek’s most current policies can be found at http://hideandseekannarbor.com/play-rules/. 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. I am aware that there are inherent risks associated with participation in Hide and Seek Activities and I, on behalf of myself and the participant(s) named below, knowingly and freely assume all such risk, both known and unknown, including, but not limited to, personal injury, illness, death, and property damage, and those risks that may arise out of the negligence of other participants and/or those arising out of or relating to participation in any and all of the Hide and Seek Activities and services.

2. I knowingly, voluntarily and fully assume all risks; known and unknown, associated with the attendance at and/or participation in any and all Activities or food and/or drink consumption at the Hide and Seek facility, and waive all claims for damage to personal property or injury to person arising from such participation and expressly release and waive any and all claims for damages. I do hereby surrender and waive any rights to sue or exercise any legal right to seek damage against Hide and Seek or any affiliates thereof, its owners, officers, members, agents, employees, volunteers, directors, trustees, affiliates, supervisors, or entities providing facilities or assisting in the conduct of the Activity. THIS RELEASE AND WAIVER COVERS RISKS OF DEATH, SERIOUS INJURY, AND PROPERTY LOSS ARISING FROM NEGLIGENCE OR CARELESSNESS OR GROSS NEGLIGENCE ON THE PART OF THE PERSONS OR ENTITIES BEING RELEASED AND OTHER PARTICIPANTS.

3. I certify that I and the participants(s) named below are physically fit and may participate in the activities available at the Hide and Seek facility, and have not been advised to the contrary by a qualified medical professional. I further certify that I and the participants(s) named below are aware of and are solely responsible for the consumption of any food or drink while at the Hide and Seek facility.

4. I on my behalf and on behalf of any executor, heirs, successors and assigns, hereby release, discharge, and hold harmless any authorized entity doing business as Hide and Seek, including its owners, officers, members, agents, employees, directors, trustees, affiliates, other persons or entities acting on their behalf from any and all claims, damages, or liability arising from death, disability, personal injury, property damage, or theft, or any kind of action. THIS INDEMNITY COVERS RISKS OF DEATH, SERIOUS INJURY, AND PROPERTY LOSS ARISING FROM THE NEGLIGENCE OR CARELESSNESS OR GROSS NEGLIGENCE ON THE PART OF THE PERSONS OR ENTITIES BEING INDEMNIFIED.

5. I 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) named below.  

6. I acknowledge that this release and waiver of liability form will be used and relied upon by Hide and Seek, and that it will govern my actions and rights.

7. I acknowledge that I am responsible for the safety and behavior of the participants(s) named below at all times and the participants(s) named below will remain in my clear view at all times during my visit. I further acknowledge that the employees of Hide and Seek are not responsible for the participants(s) named below who utilize the space and it is my responsibility to supervise below any participants they bring into the facility.

8. I understand that outside food is not allowed at Hide and Seek. Hide and Seek does not service any peanut products, but I understand that Hide and Seek is not liable for an allergic reactions.

9. 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.

10. 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.

11. Photo Release: I grant Hide and Seek, its representatives, and employees the right to take photographs, video, or sound bites obtained of me and the participants I have signed for in connection with Hide and Seek’s operations. I authorize Hide and Seek to use and publish these photographs in print and/or electronically, including on social media platforms. I agree that Hide and Seek may use such photographs of me and the participants I have signed for, without my name or the names of the participants I have signed for, for any lawful purpose, including for example, such purposes as publicity, illustration, advertising, and web content.

12. I promise to indemnify Hide and Seek for any attorneys’ fees and/or costs 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 18% per annum.

13. Any provision of this Agreement that shall be prohibited or unenforceable shall be deemed ineffective to the extent of such prohibition or unenforceability without invalidation of the remaining provisions thereof, which shall all remain in full force and effect.
 
Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of the event location and in accordance with the rules of the American Arbitration Association then in effect.

I agree that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the State of Michigan, and that this Waiver and Release shall be governed and interpreted with the laws of the State of Michigan. If any provision or provisions of the Waiver and Release shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

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