Waiver & Liability Policy
Assumption of Risk, Waiver, and Release from Liability
By checking the box on the registration form, the Registering Party desires to use the facilities at Polkadot Play located at 1270 Diamond Springs Rd. Suite 115, Virginia Beach, VA 23455.
This Assumption of Risk, Waiver, and Release of Liability covers all activities at the Playground.
1. Risk Factor - The Registering Party understands and acknowledges that the use of the facilities at Polkadot Play involves risks including, but not limited to the following: bodily injury including but not limited to permanent disability, paralysis, and death. These risks may result from a variety of circumstances including the misuse of equipment or facilities.
2. Assumption of Risk - The Registering Party is choosing to use the facilities at Polkadot Play at their own risk. The Registering Party understands and acknowledges that the activities which they are and/or (any minor children for which they are the Parent, legal guardian, or otherwise responsible, any heirs personal representative) about to voluntarily engage in as a participant and/or volunteer bears certain know risks and unanticipated risk could result in injury, death, illness or disease, physical or mental, or damage to themselves, or to spectators or third-parties. The Registering Party assumes full responsibility for all risks that may arise from using the facilities at The Playground or from participating in activities at Polkadot Play.
3. Acknowledgment of Policies and Procedures - The Registering Party acknowledges that they have read, know, and agree to all of the policies and procedures relating to the use of the facilities at Polkadot Play. The Registering Party agrees to comply with all rules, regulations, and policies at Polkadot Play. The Registering Party understands Polkadot Play reserves the right to revoke or terminate their use of the facilities at Polkadot Play for any violation of rules, regulations, or policies.
4. Release, Indemnify, and Defend - The Registering Party hereby releases, waives, discharges, and holds harmless Polkadot Play and all employees, past or present, from any claims, suits, liabilities, judgments, costs, and expenses for any property damage, loss or theft, personal injury or illness, death, or other loss arising from the use of Polkadot Play.
5. Waiver - The Registering Party hereby waives any protections afforded by any statute or law in any jurisdiction whose purpose and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. The Registering Party is releasing any unknown future claims.
6. Payment for damage - The Registering Party agrees to pay for any and all damages to any property or equipment as a result of my or my family’s willful actions, neglect, or recklessness and agrees to be held liable for all such costs associated with such damages.
7. Representatives - The Registering Party enters into this agreement for themselves as well as for their heirs, assigns, and legal representatives.
8. Insurance - The Registering Party understands that they are solely responsible for any medical, health, or personal injury costs relating to their use of Polkadot Play and its facilities. The Registering Party understands that they are strongly encouraged to have a medical physical exam and purchase health insurance prior to their use of the facilities at Polkadot Play.
9. Arbitration - All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation based on the laws of the state of Virginia. The prevailing party in the event of arbitration or litigation shall be entitled to costs and reasonable attorney fees.
The Registering Party has read and fully understands this Assumption of Risk, Waiver, and Release from Liability and understands that it relates to surrendering and releasing valuable legal rights. The Registering Party do so freely and voluntarily on behalf of themselves and any minor child/children for which they are the parent, legal guardian, or otherwise responsible, named in the registration.
Consent and Release on Behalf of Minor by Parent/Legal Guardian
The Registering Party is the parent or legal guardian of the registered minor(s). They have read and understand this Assumption of Risk, Waiver, and Release from Liability form and understand that it relates to surrendering valuable legal rights of the minor and themselves. The Registering Party agrees to be bound by all the terms of the Assumption of Risk, Waiver, and Release from Liability. The Registering Party gives their consent for participation at Polkadot Play.