Please read carefully. This is a legally binding contract that affects your legal rights, including the right to sue. Do not sign unless you have read and understood every paragraph.
This Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement (the "Agreement") is entered into by and between Kenosha Kids Playtime, including its Recess Buddies program, and its owners, officers, directors, members, managers, employees, contractors, volunteers, organizers, agents, representatives, sponsors, affiliates, insurers, successors, and assigns (collectively, the "Released Parties"), and the undersigned parent or legal guardian ("I," "me," or "my"), individually and on behalf of the minor child(ren) identified in this registration (the "Child"), our respective heirs, next of kin, executors, administrators, personal representatives, and assigns. In consideration of being permitted to participate in any and all activities, events, meet-ups, field trips, classes, outings, transportation, use of premises and equipment, and any related programming offered by the Released Parties (collectively, the "Activities"), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I knowingly, voluntarily, and expressly agree as follows:
- Assumption of All Risks. I acknowledge that the Activities are inherently and unavoidably dangerous and expose participants to known and unknown, foreseeable and unforeseeable risks, including without limitation: falls, collisions, contact with other participants or objects, cuts, bruises, sprains, strains, broken bones, dental injuries, concussions, dismemberment, paralysis, heat or cold exposure, drowning, allergic reactions, exposure to communicable diseases (including but not limited to viral, bacterial, and airborne illnesses), emotional distress, property damage, permanent disability, and death. I knowingly, freely, and expressly assume all such risks, both known and unknown, whether caused by the negligence of the Released Parties or otherwise, and assume full responsibility for my Child's participation.
- Full Release and Waiver of Claims. To the fullest extent permitted by law, I hereby release, waive, discharge, hold harmless, and covenant not to sue the Released Parties from and against any and all liability, claims, demands, actions, causes of action, suits, damages, losses, costs, and expenses of any nature whatsoever, whether known or unknown, anticipated or unanticipated, foreseen or unforeseen, arising out of, related to, or in any way connected with my Child's presence at or participation in the Activities, including any injury, illness, disability, death, or damage to property, whether caused in whole or in part by the negligence, carelessness, action, or inaction of the Released Parties, or any other cause.
- Indemnification and Defense. I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, judgments, damages, losses, liabilities, fines, penalties, and expenses (including reasonable attorneys' fees, expert fees, and court costs) brought by me, my Child, my family members, or any third party arising out of or related to my Child's participation in the Activities or any act or omission of me or my Child.
- Medical Authorization; No Insurance Provided. I represent that my Child is in good health and physically able to participate. The Released Parties do not carry or provide accident, health, or medical insurance for participants. I am solely responsible for all medical, dental, hospital, ambulance, and related expenses. I authorize the Released Parties and their staff to administer or obtain such first aid, medical care, hospitalization, and emergency treatment as they in their sole discretion deem necessary, and I agree to pay all costs associated therewith.
- Parental Supervision. Kenosha Kids Playtime is not a licensed childcare provider. I understand and agree that I (or a responsible adult designated by me in writing) am solely responsible for supervising my Child at all times during the Activities, and that no parent-child, custodial, agency, employment, or fiduciary relationship of any kind is created by this Agreement.
- Photo, Video, and Media Release. I grant the Released Parties the perpetual, irrevocable, royalty-free right to photograph, film, record, and use my Child's name, image, likeness, and voice in any media, for any lawful purpose, without further notice, approval, or compensation.
- Authority and Representations. I represent and warrant that I am at least eighteen (18) years of age, of sound mind, and the parent or legal guardian of the Child with full legal authority to execute this Agreement on the Child's behalf and to bind the Child, myself, and our respective heirs and representatives.
- Governing Law; Venue; Jury Waiver. This Agreement shall be governed by and construed under the laws of the State of Wisconsin, without regard to conflict-of-law rules. Any dispute arising out of or relating to this Agreement or the Activities shall be brought exclusively in the state or federal courts located in Kenosha County, Wisconsin, and I consent to the personal jurisdiction and venue of such courts. I knowingly and voluntarily waive any right to a trial by jury in any such dispute.
- Severability and Enforcement. This Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Wisconsin. If any provision, or portion thereof, is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed, and the remaining provisions shall continue in full force and effect. No waiver of any provision shall be deemed a waiver of any other provision or of any subsequent breach.
- Entire Agreement; Electronic Signature. This Agreement constitutes the entire and exclusive agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous oral or written communications, representations, or agreements. I agree that my typed name and submission of this registration constitute my legally binding electronic signature under the Wisconsin Uniform Electronic Transactions Act and the federal E-SIGN Act, with the same force and effect as a handwritten signature. I acknowledge that I have had the opportunity to review this Agreement with legal counsel of my choosing.
I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS INCLUDING THE RIGHT TO SUE, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
