GO PLAY, CORP

RULES ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT

Go Play prides itself on maintaining a safe, clean, and fun environment for our guests. Go Play Rules are designed to promote safety and to allow each and every guest the opportunity to enjoy their time in the facility. 

Guests that are unable or unwilling to follow facility rules will be asked to leave the premises. No refunds will be given. Go Play Corp reserves the right to deny present and future entry to any guest(s) unwilling to follow the Rules or to those guest(s) who have committed a serious infraction, the determination of such infraction rests solely with Go Play Corp. 

THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT TO RECOVER DAMAGES IF YOU ARE INJURED WHILE PARTICIPATING IN ANY ACTIVITY AT Go Play. PLEASE READ CAREFULLY BEFORE SIGNING. 

Go Play means Go Play Corp, its members, managers, officers, assigns, principals, any associated persons or companies, the physical premises of all business locations as well as all business and service operations performed on behalf of Go Play Corp. 

ACKNOWLEDGMENT AND ASSUMPTION OF RISK 

In consideration of my admission and participation at this facility, I acknowledge and willingly agree that: 

I, and any minor children I am the parent or guardian of, are ENTERING THE BUSINESS OR BUSINESS FACILITY VOLUNTARILY AND OF OUR OWN FREE WILL.

I, and any minor children I am the parent or guardian of, acknowledge and fully understand that ACTIVITIES WITHIN THE FACILITY INVOLVES RISK OF INJURY, INCLUDING SERIOUS AND/OR PERMANENT PHYSICAL INJURIES AND DEATH which might result not only from our own actions, inactions or negligence, but also the actions, inactions or negligence of others, including Go Play Corp, its members, managers, officers, assigns, principals, agents, employees and volunteers, (hereafter referred to as “Releasees”), the environmental conditions or the equipment used.

I, and any minor children I am the parent or guardian of, are physically able to participate in the activities we voluntarily choose to participate in at the facility and know of no disability or prior injury which would prevent our participation in the activity or potentially lead to our injury or the injury of another. 

I, and any minor children I am the parent or guardian of, accept personal responsibility for the damages following such injury, permanent disability or death, including those resulting from the negligence of the Releasees. I, and any minor children I am the parent or guardian of, knowingly and freely assume all risks, both known and unknown, even those arising from the negligent acts or omission of others and assume full responsibility for our own participation.

RELEASE, WAIVER OF LIABILITY

I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE GO PLAY, ITS MEMBERS, MANAGERS, OFFICERS, SERVANTS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATING TO ANY LOSS, DAMAGE OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY ME, OR TO ANY PROPERTY BELONGING TO ME, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, OR OTHERWISE, WHILE PARTICIPATING IN ANY ACTIVITY AT GO PLAY. 

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT 

I further hereby agree to indemnify and save and hold harmless the Releasees, from any loss, liability, damage or costs they may incur due to my participation in any activity, whether caused by the negligence of any or all of the Releasees, or otherwise. 

It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named Releasees. 

VIDEO SURVEILLANCE ACKNOWLEDGMENT

I understand that to promote the safety of employees and guests, as well as the security of its facilities, Go Play, its licensees or assignees, may conduct video surveillance of any portion of its premises at any time, the only exception being private areas (i.e., restrooms, showers, dressing rooms etc.). Video cameras will be positioned in appropriate places within and around the equipment and facilities and used to promote safety and security of people and property. I understand that this surveillance may occur at any time during my visit and hereby give my consent to such video surveillance at any time the company may choose.

PHOTOGRAPH AND MODEL RELEASE ACKNOWLEDGMENT 

I understand that Go Play, its licensees or assignees may take photographs, video, or other physical or digitally recorded media on its premises at any time, the only exception being private areas (i.e., restrooms, showers, dressing rooms etc.). 

I hereby grant Go Play, its licensees or assignees, either separately or together, either wholly or in part, the perpetual and irrevocable and unrestricted right to use my likeness in photographs, video, or other physical or digitally recorded media in any of its publications, including web-based publication, without payment or other consideration. I hereby assign full copyright of these photographs, video, or other physical or digitally recorded media to Go Play, its licensees or assignees together with the right of reproduction either wholly or in part.

I hereby grant Go Play, its licensees or assignees unrestricted use of these photographs, video, or other physical or digitally recorded media for whatever purpose, including advertising, with any retouching or alteration without restriction. I hereby irrevocably authorize Go Play, its licensees or assignees to edit, alter, copy, exhibit, publish, or distribute these photographs, video, or other physical or digitally recorded media for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of any photographs, video, or other physical or digitally recorded media. 

I understand and agree that all photographs, video, or other physical or digitally recorded media will become the property of Go Play, its licensees or assignees and will not be returned.

I hereby hold harmless, release, and forever discharge Go Play, its licensees or assignees from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. 

WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19 

In consideration of being allowed to use the Go Play Facility, I acknowledge, understand and agree that: 

• Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and

• I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or other, and assume full responsibility for my participation; and 

• I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases which may include, but not be limited to, (i)observing proper social distancing rules, (ii) performing regular hand sanitizing, (iii) wearing masks and/or appropriate personal protective equipment, (iv) not entering the Go Play Facility if exposed to someone with any symptoms of such communicable disease, (v)not entering the Go Play facility if suffering any symptoms of such a communicable disease, (vi) permitting staff of the Go Play facility to take my or Child's temperature, and (vii) complying with any measure promulgated by the Go Play Facility and or any local, state or federal authority. 

• If I observe any unusual or significant hazard during my presence participation, I will remove myself from participation and bring such to the attention of the nearest Go Play employee immediately; and 

• I understand and agree that all references - and my responsibilities related to - any "injury" or "injuries" described in this Agreement shall also pertain to communicable diseases and 

• I, for myself and on behalf my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS THE Releasees, WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OR RELEASEES OR OTHERWISE, to the fullest extent permitted by law. 

PARENTS & CAREGIVERS RESPONSIBILITIES

• HEALTH ASSESSMENT. No adult or child is allowed to be at “Go Play” who is experiencing symptoms of illness. Staff will do a visual check at check-in and may ask for you or your child's temperature to be taken, if there are visual signs of illness. All adults and children are expected to practice good hand washing and sanitary practices.

• CHECK IN. When first arriving, everyone in your party must sign a waiver, check in at the counter, and receive a wristband.

• BE PRESENT. Supervision of your own child is required at all times.

• BE AWARE. If your child is imposing on another’s positive play time, please step in to correct their behavior immediately. If they cannot comply, a manager may ask you to leave and return when behavior has improved.

• SPEAK UP. If your child is bearing the brunt of another child’s negative behavior, kindly let a staff person know so that resolution can be attained.

• SAY SOMETHING. If you see something that concerns you, please bring it to the attention of the manager on duty.

• WASH HANDS! For your health and safety, please wash your child’s hands and your own before and after play.

• RESPECT SESSION TIME. Please gather personal belongings and use restrooms near the end of your session time so that you will be ready to leave when your session ends.

• KEEP TRACK OF BELONGINGS. “Go Play” will not be responsible for lost or stolen items. Lost and found items are collected nightly and placed in the lost and found box. The lost and found items will be given to Goodwill after 48 hours.

KIDS RESPONSIBILITIES

• KEEP SOCKS ON! For the health and safety of all children, please remove shoes and play in socks.

• SLIDE DOWN!! Climbing up or standing on the slide is not allowed and puts children at risk.

• BE KIND!! Tackling, grabbing, rough play or bullying will not be tolerated. Those unable to comply will be asked to leave the premises.

• PLAY FAIR!! All children and adults will play with respect, fairness and kindness.

• KEEP YOUR TOYS SAFE! Safety is our highest priority, so no outside toys of any kind will be allowed in the playground area. Please give those to your caregivers for safe-keeping.

• EAT ONLY IN THE CAFE. For the safety and cleanliness of our Play Area, all Cafe food and treats must be eaten in the Cafe ONLY. 

• TODDLER AREA is for ages 2 and under. Thanks for leaving that space just for them to play in.

FAILURE TO ENFORCE IS NOT A WAIVER

We may choose to delay or not enforce any term in this agreement (including fees) without losing our rights. Any failure or delay by us in enforcing strict performance of this agreement (including, but not limited to, accepting late or partial payments or payments marked “payment in full” or tendered with other conditions or limitations) shall not be considered a waiver of any of the terms of this agreement or any of our rights. Any waiver of rights by us must be in writing and signed by one of our authorized representatives. 

GOVERNING LAW 

This RULES, ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT is governed by and shall be construed in accordance with the Laws of the State of Rhode Island. If any provision of this Agreement is deemed unlawful or unenforceable, such provision(s) shall be fully separable, and the remainder of this waiver shall be in full force and effect. 

In signing this Release, I acknowledge and represent that I have read the foregoing RULES ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT, fully understand it, and sign it voluntarily as my own free act and deed; that no oral representation, statements or inducements, apart from the foregoing written agreement, have been made; that I am at least eighteen (18) years of age and fully competent; I voluntarily choose to allow myself and the below named minor child(ren) to participate in all activities, equipment, and games present at the facility; that I am the legal parent, guardian or adult caregiver authorized by the legal parent or guardian for the below-named child(ren) and have the permission and authority to agree to the terms within; I have read the facility rules, agree to abide by them and agree that the below named minor child(ren) will abide by them; that I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same; and that this Agreement is to be binding upon myself , my heirs, executors, administrators, and representatives in the event of my death or incapacity.

I understand that my agreement and completion of this RULES, ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT on the first visit will authorize Go Play Corp to use it as a continuous waiver for my child(ren)’s ongoing participation in the activities located at the Go Play facility.