Online Waiver – Open Play - Backyard Playworld in Gretna

Online Waiver - Open Play

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I represent that I,the undersigned, am a legal, responsible adult. I further represent and warrant that I am knowingly and voluntarily signing this Play Date Liability Release, Indemnification, and Covenant Not To Sue (the “Form”) on behalf of my child(ren) and my child(ren)’s babysitters and/or nannies (the “Participants”) in connection with the Participants’ use of JBS Kids Play & Fitness, LLC d/b/a Backyard Playworld (“Backyard Playworld”).
I hereby acknowledge and represent that I am aware that the Participants’ physical presence in, or use of, Backyard Playworld equipment and facilities involves risk of bodily harm and injury, including, but not limited to, permanent disability, paralysis, and possibly death. With full knowledge, understanding, and appreciation of these risks, I assume the risks connected with the Participants’ physical presence at Backyard Playworld, participation in physical exercise or activities at Backyard Playworld, or other use or misuse of Backyard Playworld equipment or facilities. For the avoidance of doubt, Backyard Playworld includes the Backyard Playworld parking lots and surrounding areas controlled by Backyard Playworld.
By signing this Form, and for consideration received, I, on behalf of my heirs, assigns, and legal representatives, hereby forever waive, release, and discharge Backyard Playworld, and all employees, agents, assigns, and successors of Backyard Playworld (collectively, the “Released Parties”) from any and all liability, claims, demands, actions or actions or rights of action, in the present or future, and whether known or unknown (collectively, “Claims”), whatsoever arising out of or related to any losses, damages, or injuries, including death, that are in any way connected with the Participants’ presence in or use of Backyard Playworld, including, without limitation, any Claims arising out of or related to, any equipment malfunction, the negligence of the Participants or others, loss or theft of property, or any actions or inaction by the Released Parties, to the fullest extent allowed by law. I agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or costs, including court costs and attorney’s fees that the Released Parties may incur due to the Participants presence in or use of Backyard Playworld, to the fullest extent allowed by law.
I further acknowledge that during the COVID-19 pandemic, that, by the Participants being present at Backyard Playworld, there is a risk that I or the Participants could be exposed to or contract COVID-19. In the event I or the Participants are exposed to or contract COVID-19 at Backyard Playworld, I expressly release, waive, and discharge, to the greatest extent allowed by law, the Released Parties from all liability for any and all claims or damages in connection with my or the Participants’ exposure to or positive test for COVID-19. I agree that by by signing this Form, I will not, verbally or in writing, make any disparaging, critical, or otherwise detrimental comments to any person or entity concerning Backyard Playworld or its choice to operate during the COVID-19 pandemic.
I understand that by signing this Form I am legally responsible for the Participants at all times while the Participants are present at Backyard Playworld. I further understand that Backyard Playworld does not provide staff for supervising the Participants. I also acknowledge that Backyard Playworld does not have any medical staff on duty at Backyard Playworld, nor does Backyard Playworld have any knowledge of allergies of the Participants.
I agree to abide by all the rules and regulations promulgated by Backyard Playworld and any third-party vendors while present at Backyard Playworld and to cause the Participants to do the same. I acknowledge that I may receive informative or promotion texts or emails from Backyard Playworld. I acknowledge that food and drink are not to leave the designated areas and are never allowed in the play area at Backyard Playworld. I further acknowledge that there is no running on the Backyard Playworld premises, and [when utilizing Backyard Playworld trampolines, only (2) children age five (5) and younger may use a single trampoline at one time and only one (1) child age six (6) or older may use a single trampoline at one time.] I understand that failure to follow Backyard Playworld rules and regulations will result in me and/or the Participants being asked to leave with no refund.
By signing this Form, I admit that I have read the entire Form, understand its terms, and agree to abide by the same. The terms and conditions in this Form will be governed and construed by the laws of the State of Nebraska. If any provision in this Form is determined to be unenforceable for any reason, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof.
I understand and agree that my on-line signature (e-signature) represents a signature on behalf of myself and each of the Participants.

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11808 Standing Stone Drive

(402) 392-1869

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