Waiver and Release of Liability

NOTE: This is a legal document. You are urged to read it carefully. All patrons of Half Moon Play LLC (“HMP”) are required to read and execute this document as consideration for being allowed by HMP to enter and use HMP’s facilities, equipment, and/or services. I,, understand that it is my responsibility to carefully read this Waiver and Release of Liability before I and/or the following child(ren) access the indoor playground structure and activity center owned and operated by HMP. I, on behalf of myself, and the above-named children (each, a “Participant”) as well as for each Participant’s spouse, children, parents, next of kin, heirs, assigns, personal representatives and estate, acknowledge and agree as follows:

Please check the boxes to indicate that you have read and agree to the following paragraphs.

AUTHORITY AND ABILITY:

(a) I represent that I am the parent or legal guardian of each Participant or have obtained permission from the parent/legal guardian of each Participant to execute this release on their behalf; (b) I represent that each Participant is of physical ability to participate in all activities in which they will engage at HMP; (c) I represent that myself and each participant are not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell and have not knowingly been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19; and (d) I represent and certify that each Participant is covered by an adequate insurance policy to cover any injury or damage that I and each Participant may cause or suffer while at HMP.

WAIVER AND ASSUMPTION OF RISK:

I understand that certain risks are inherent to participation and involvement in HMP’s facilities, equipment, and/or services including but not limited to structure malfunctions, equipment malfunctions, falling, slipping, jumping, cuts, bruises, concussions, bone fractures and/or breaks, coming into contact with a fixed object, coming into contact with other people, paralysis, death, and damage to personal property, and I knowingly, willingly, and voluntarily assume the risks associated with such participation that may result from, among other things, the active or passive negligence of Half Moon Play LLC and its owners, director’s employees, legal representatives, attorneys, successors, and assigns (collectively “Released Parties”), including the risk of negligent instruction or supervision. I recognize the risks and am choosing for myself and Participant to participate despite these risks. I further understand that participation may involve exposure to illness from infectious diseases including but not limited to Coronavirus/COVID-19 or any other pandemic. I, myself, and any other Participant is voluntarily in attendance at HMP and knowingly and freely assume all such risks, including the risk of severe illness and/or death, and I assume full responsibility for myself and any other Participant. I agree that I and each Participant shall respect and follow all rules, regulations, signs and verbal instructions from HMP personnel and will respect and abide by all decisions made by WAIVER AND RELEASE OF LIABILITY HMP concerning the same. Additionally, I understand that HMP does not manufacture or install any of the equipment in its facility; rather, it purchases or leases all equipment and accordingly HMP or any of the Released Parties may not be held liable for any defective products.

RELEASE OF LIABILITY AND INDEMNIFICATION:

I, for myself and each of the persons identified in the first paragraph, including each Participant, hereby release and discharge the Released Parties from any and all liabilities, claims, damages, causes of action, or demands for any injury, illness, loss of life, and/or property loss arising from attendance at and/or participation in any HMP playtime, event, activity, or program, or use of HMP’s facilities, equipment, and/or services, whether the injury, illness, loss of life, and/or property loss occurs on or off the premises, except for those arising from the gross negligence or willful misconduct of the Released Parties. I understand I bear sole responsibility for any loss. Further, I agree to defend, indemnify, and hold harmless the Released Parties against any and all claims for damages, injuries, loss of life, property damage, losses, and expenses, including court costs and reasonable attorney’s fees, arising out of the actions or non-actions of HMP.

PHOTO RELEASE:

I agree that entry, by myself and each Participant, constitutes consent for HMP to take and use any film, photograph, sound, video, or likeness of me and each Participant for any purpose whatsoever, including website and internet promotion, without payment to me or any Participant. I, for myself and each of the persons identified in the first paragraph, including each Participant, hereby release and discharge HMP from any and all claims and demands arising out of or in connection with the use of any such film, photograph, sound, video, or likeness of me and any Participant, including without limitation, any and all claims for libel and/or invasion of privacy.

KNOWING AND VOLUNTARY EXECUTION:

I acknowledge that I have carefully read this Agreement in its entirety, understand its contents, and understand that this agreement includes an assumption of risk, release, waiver from liability, and indemnification obligations. I further acknowledge that HMP is materially relying on this waiver as a condition of my and each Participant’s use of HMP’s facilities.

Typing your name below serves as your electronic signature, confirming that you have read and agreed to all terms and conditions.

Parent/Guardian Name

First

Last

Child's Name

First

Last

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Additional Children

Name EXECUTION: AND

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