DIVERMANSION LLC

AGREEMENT TO USE FACILITIES AND SERVICES PROVIDED AND WAIVER OF LIABILITY

As Consideration for being allowed to enter the play area/or participate in any party and /or program at DIVERMANSION LLC, located at any location (Doral-North Miami-Pinecrest). I hereby assume the Risk, Waiver, and Release of Liability, which covers all activities at the Playground.

1. Assumption of Risk‐ I am choosing to use the facilities at The Playground at my own risk. I understand and acknowledge that the activities which I am or/and (any minor children for which I am 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 myself, or to spectators or third-parties. I assume full responsibility for all risks that may arise from using the facilities at The Playground or from participating in activities at The Playground.
2. Acknowledgement of Policies and Procedures‐ I acknowledge that I have read, know, and agree to all of the policies and procedures relating to the use of the facilities at The Playground. I agree to comply with all rules, regulations, and policies at The Playground. I understand The Playground reserves the right to revoke or terminate my use of the facilities for any violation of rules, regulations, or policies.
3. Release, Indemnify, and Defend‐ I hereby release, waive, discharge, and hold harmless Divermansion LLC and all employees past or present or future 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 the facilities and Playground.
4. I hereby waive 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. I am releasing unknown future claims.
5. I agree 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 agree to be held liable for all such costs associated with such damages.
6. I enter into this agreement for myself as well as for my heirs, assigns, and legal representatives.
7. I understand that I am solely responsible for any medical, health, or personal injury costs relating to my use of The Playground and its facilities. I understand that I am strongly encouraged to have a medical physical exam and purchase health insurance prior to my use the facilities at The Playground.
8. 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 Florida.
9. The children and I have no illness or injury that may affect the safe enjoyment of DIVERMANSION LLC by us or other guests.
10. The children and I willingly agree to comply with the stated terms and conditions for participation and to obey the directions of and requests of DIVERMANSION LLC staff.
11. I, for myself and the children, agree to the following safety rules:
    • No Bare Feet. Socks are Mandatory and Children remain the responsibility of their accompanying adult at all times
    • An attending adult must remain on the premises at all times for children all ages. Ø No gum, food or drink in the play areas, designated areas only.
    • No climbing the slides or No climbing on the outside of the structure. Ø No hooded sweaters or clothing with drawstrings that could get caught.
    • Please report any inappropriate behavior to a DIVERMANSION staff member
    • DIVERMANSION LLC reserves the right to refuse admission and request any person to leave the premises.
    • DIVERMANSION LLC is not responsible for any lost or stolen items.
12. I acknowledge that DIVERMANSION LLC cannot guarantee that I will not become infected with the Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of others, and myself including, but not limited to staff, and other clients and their families. I attest that:
    • I am not experiencing any symptom 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.
    • I have not traveled internationally within the last 14 days.
    • I do not believe I have been exposed to someone with a suspected and/or confirmed case of the COVID-19.
    • I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
    • I am following all CDC recommended guidelines as much as possible and limiting my exposure to the COVID-19.
13. I have ensured the children are aware of the above safety rules.
14. I, for myself, the children and on behalf of my and their heirs, assigns, personal representatives and next Of kin, hereby waive, release and discharge DIVERMANSION LLC and its directors, officers, agents, employees, owners and representatives (collectively ‘DIVERMANSION LLC’) with respect to any and all losses, Damages, injuries, expenses and claims, including without limitation suffered or incurred as a result of the children using DIVERMANSION LLC, due to any cause whatsoever, for personal injury, death or loss or damage to person or property, even if arising from the negligence of DIVERMANSION or otherwise and hereby agree to indemnify and hold harmless DIVERMANSION from and against any liability, losses, claims and damages resulting from the children using DIVERMANSION LLC.
15. I grant permission for my child(ren) to be photographed, or their images recorded for print or electronic use in promoting DIVERMANSION LLC. I understand that it is my responsibility to update this form in the event that I no longer wish to authorize the above uses. I agree that this form will remain in effect during the term of the child’s enrollment. I understand that there will be no payment for me or my child’s participation in this release.

I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily on behalf of myself and any minor child/children for which I am the parent, legal guardian, or otherwise responsible for, named below: