Waiver

Participation Agreement, Liability Waiver, and Hold Harmless Agreement

 

I, and as the parent or legal guardian of the child (or children) whose name is set forth below (each referred to as a “Participant” and collectively referred to herein as the “Participants”) and in consideration of the Participants being permitted to participate in the Activities (as defined below) conducted by Dino Daisy Play Cafe LLC, located at 2241 84th St SW suite 102, Byron Center, MI 49315 (“Dino Daisy Play Cafe”) agree as follows:

  1. Activities – Activities shall be defined as the various activities and services offered to Participants by Dino Daisy Play Cafe, an indoor playground and cafe.
  2. I understand that the employees of Dino Daisy Play Cafe, LLC are not responsible for Participants who utilize the space and it is the responsibility of the undersigned individual to supervise any minors they bring into the facility.
  3. I, and the children under my care, understand and agree to the safety rules and play guidelines as outlined on dinodaisy.com. I acknowledge that these rules and guidelines may change and that I have read and am familiar with them before entering the play space and making use of the facility.
  4. 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 DINO DAISY PLAY CAFE, YOU VOLUNTARILY ASSUME ALL RISKS RELATED TO COVID-19.

  1. ASSUMPTION OF RISK – In addition to the inherent risk of exposure to COVID-19, I also understand that the Activities entail the risk of severe bodily injury to the Participants. Injuries that could result may vary, but may include (a) minor injuries such as scratches, bruises, and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries, and concussions; and (c) catastrophic injuries, including paralysis and even death.

I understand that Dino Daisy Play Cafe cannot eliminate all risks or guarantee the safety of the Participants while Participants participate in the Activities. I have made my investigation of these risks, understand these risks, and assume them knowingly and willingly on behalf of myself and my minor Participant child.  Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and any minor Participant child, and our respective heirs, personal representatives, and assigns, understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any sickness or injury arising out of or related to the Activities.

  1. RELEASE, DISCHARGE & AGREEMENT NOT TO SUE – I, for myself and any minor Participant child and our respective heirs, personal representatives, and assigns, do hereby release, discharge, and agree not to sue Dino Daisy Play Cafe or its managers, members, employees and/or other agents, for any sickness, injury to or death of any Participant arising, directly or indirectly, from participation in the Activities. This release, discharge, and covenant not to sue shall relate to all claims or legal rights now existing or arising in the future, including claims and legal rights arising out of any negligence of Dino Daisy Play Cafe and/or its managers, members, employees and/or other agents and any other breach of a legal duty arising out of common law, statute, contract or otherwise.
  2. Indemnification And Hold Harmless – I agree to indemnify Dino Daisy Play Cafe and hold Dino Daisy Play Cafe harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees and costs, incurred due to claims brought by any party as a result of or arising out of my or my minor Participant child’s involvement in the Activities and agree to reimburse Dino Daisy Play Cafe for any such costs, expenses and fees as they are incurred.
  3. Security Cameras. I understand that security cameras installed around and within Dino Daisy Play Cafe’s facility are for the safety of all participants and may be referenced should any incidents or injuries occur.
  4. Photo Release. I grant Dino Daisy Play Cafe permission to use any photographs, video, or sound bites obtained of me or any minor Participant child at Dino Daisy Play Cafe’s facility for any legal use including but not limited to publicity, advertisement, and web content. I understand that no royalty or other compensation shall be payable to me or the minor Participant because of such use.

Parent or Legal Guardian Certification and Consent – I hereby certify that I am the parent or legal guardian of the minor Participant's children whose name(s) appear below, and I have the authority to waive rights on behalf of the minor Participant(s). I have read and understand all of the provisions of this document and the risks of the Activities. I understand that the Activities could cause injury and even death. I acknowledge that I have read and understand the terms of this document and I am freely and voluntarily signing this document.  This Participation Agreement, Liability Waiver, and Hold Harmless Agreement have no expiration date.

 

Dino Daisy Play Cafe Rules

  1. Shoes are not allowed in the play area. All adults and children must wear socks when entering the play area.
  2. No food and drinks are allowed in the play area.
  3. Parents and guardians (not Dino Daisy Play Cafe staff) are responsible for children and must always remain on-site.
  4. All guests must wash or sanitize their hands before entering the play area.
  5. Dino Daisy Play Cafe is not responsible for any lost, damaged, or stolen items. Please keep track of your belongings.
  6. Children should play in the play area appropriate to their age.
  7. Dino Daisy Play Cafe has a ZERO Bullying policy. Any child or adult seen bullying or harassing others will be asked to leave and will not be entitled to a refund.
  8. Children should not climb up on the side of the playhouse, or onto any tables or chairs.