Acknowledgment of Risk and Waiver
(“Acknowledgement and Waiver”)
I hereby acknowledge that I have voluntarily chosen to participate and/or allow my child(ren) to participate in events, activities, and other programs (collectively, the “Activities”) through the Mighty Minis (“MM”) at The TAB LAB at The Amazing Brentwood (the “Facility”).
Authorized Guardian. “Participants” include all children and/or accompanying adults who enter the facility, and the undersigned responsible adult / parent / guardian. By allowing the Participants to attend the Facility, I hereby warrant and represent that I am the parent, legal guardian of, or have been duly authorized by the parent or legal guardian to represent the Participant(s) named in this form.
Assumption of Risk. I recognize that the program and its activities involve risk of injury and I accept risks associated with it, including but not limited to property damage or loss, minor bodily injury, illness, limited availability of medical assistance, the possible reckless conduct of other participants, severe bodily injury, and death. While MM, including its staff and contractors, will work diligently to provide a safe environment, I acknowledge and accept the inherent risks present in an indoor play environment and equipment use.
I acknowledge and understand that the Participant will be involved in physical activity that may result in injury. I have been advised to consult with the Participant’s physician regarding any past or current health issue (including skin allergies or sensitivities) or injury that may affect his or her participation in MM’s classes.
Release from Liability. I hereby (1) agree to assume full responsibility for any and all injuries or damages which are sustained, aggravated or caused by myself, or anyone else, in relation to the Activities and the Facility, and (2) agree to waive and release any and all claims which I have or may have in the future against MM, its affiliates (including Shape Properties Corp., Shape Property Management Corp., Shape Properties (Brentwood) Corp., Brentwood Town Centre Limited Partnership, 0862223 B.C. Ltd., Spectrum Project Services Corp), and their respective directors, officers, employees, agents, representatives, shareholders, contractors, volunteers, sponsors, successors, administrators, and assigns (“Releasees”), arising from participating in or attending the Activities or attending or using the Facility, for any injury, temporary or permanent disability, death, property damage, damages, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in any jurisdiction, whether caused by the negligence of the Releasees, or by any other reason. I acknowledge and agree that this Acknowledgement and Waiver is a complete release of any responsibility of the Releasees for any injury, temporary or permanent disability, death, damages, liabilities, expenses, costs, and/or causes of action sustained by the Participants while participating in or attending the Activities or attending or using the Facility. I understand and agree that this Acknowledgement and Waiver shall be effective and binding upon the Participant’s heirs, executors, administrators, and assigns.
Indemnification. In consideration of the participation of the Participant(s), I agree to indemnify, defend, and hold harmless the Releasees, its elected and appointed officials, employees, agents, volunteers, and assigns from and against all claims arising out of, or resulting from my participation in the program. “Claim” as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to legal fees, attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom, and all claims, both present and future, that may be made by me, my family, estate, heirs, or assigns.
Participant Representation. I warrant that the Participant(s) is/are in good physical condition, physically able to play in the premises, and is/are old enough to participate.
Insurance. I understand that MM and the Facility do not provide any medical or dental insurance or life insurance to cover bodily injury, illness, or death, nor insurance for personal property damage or loss, nor insurance for liability arising out of my negligent acts or omissions, and on behalf of the Participants, I acknowledge that I am completely responsible for my and the Participants’ own insurance to cover these expenses.
Valuables and Personal Property. I acknowledge that I have been urged to avoid bringing valuables onto the premises and that MM and the Facility shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facility. I acknowledge that no portion of any fees paid by myself is in consideration for the safeguarding of valuables.
Entire Agreement. This Acknowledgement and Waiver is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. Except as expressly provided in this Acknowledgement and Waiver, there are no representations, warranties, conditions, other agreements, or acknowledgements, whether direct or collateral, express or implied, that form part of or affect this Acknowledgement and Waiver.
Governing Law. I acknowledge that this agreement and any rights, duties, and obligations as between the parties to this agreement will be governed by and interpreted solely in accordance with the laws of the Province of British Columbia. Furthermore, any litigation involving the parties to this agreement must be brought within the Province of British Columbia and the parties attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia.
Severability. If any term or provision, or any portion of a provision, of this Acknowledgement and Waiver is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Acknowledgement and Waiver.
Safety Rules. I agree that the Participants will only use the Facility in accordance with MM’s safety rules (the “Rules”):
Mighty Minis guests must be supervised by a responsible adult or caregiver. A responsible caregiver must be at least 19 years old.
No entering or going out without the participating child. You cannot leave the child at the Facility under any circumstances. There is a washroom inside the Facility, and you are to take your child with you to the washroom if you must go.
We want you to have fun and be safe, so walking is encouraged. If you are unsure of how to use a toy or do an activity, please ask one of the staff members to help. Do NOT try to brute force anything. Climbing any furniture is not allowed and we may ask you to leave if your child(ren) insists on using the furniture or any toys inappropriately or act in an unsafe manner.
All toys must remain in the Facility to allow children equal access to play.
I warrant and represent that I have read the Rules, which form part of this Acknowledgement and Waiver.
I agree that this acknowledgment of risk and hold harmless is effective for as long as I and/or the Participants participate in the program.
I have read and understand this acknowledgment of risk and hold harmless form.
Child participant’s name(s): __________________________
Adult participant’s name(s) if different from Parent/Guardian: __________________________
If the child participant is 18 years old or younger, the signature of a parent or guardian is required below.
Parent/Guardian Name: ________________________________
Parent/Guardian Signature: ______________________________ Date: ______________
Email: ______________________________________________
Instagram: __________________________________ (This is optional and we will only be using it to tag you in the photos we may take of you and/or your child)
☐ Please check here if you do NOT wish for your or your child’s pictures to be used in MM’s promotional materials. If you do not check the box it means you authorize MM and The Amazing Brentwood to utilize any and all photographs, pictures, or other likeness of me and the Participants, as they deem appropriate in its promotional materials.