JUST FOR FUN RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AGREEMENT (HEREINAFTER CALLED THE “RELEASE AGREEMENT”) BY SIGNING THIS DOCUMENT, YOU WILL BE GIVING UP ALL LEGAL RIGHTS FOR YOU AND YOUR CHILD, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING ANY INJURY, SICKNESS OR DEATH AT THE JUST FOR FUN’S FACILITY – PLEASE READ CAREFULLY
To: Just for Fun Inc. and its officers, directors, shareholders, management, employees, contractors, guides, agents, affiliates, volunteers, independent contractors, subcontractors, representatives, successors, assigns and all other persons or entities acting in any capacity on its behalf (collectively, “Just for Fun”) In consideration of, and part payment for Just For Fun permitting the undersigned and any and all children under the direct or indirect supervision of the undersigned as listed below (collectively, the “Participants”) to enter and use Just For Fun’s indoor playground and party center (the “Facility”) and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the undersigned acknowledges, appreciates and agrees to the following:
1. Age of Majority: I represent and warrant that I am 18 years of age or older.
2. Parent/Guardian: I represent and warrant that I am the parent or legal guardian of the Participants or have been duly authorized by the parent or legal guardian to represent the Participants named below.
3. Assumption of Risk: I acknowledge and understand that the Facility is a “NO SUPERVISION” play area meaning staff may not be present at the Facility at all times. By entering the Facility, I acknowledge that I am responsible for supervising the Participants at all times. I agree to inspect the Facility prior to any use and if I observe any hazardous or unsafe conditions, I will immediately contact a staff of Just For Fun. I also acknowledge the risks present in an indoor play environment including without limitation, scrapes, bruises, cuts, breaks and even more serious injuries such as paralysis or death and that the equipment and play structures in the Facility and the nature of their use can be dangerous. I understand that even though Just For Fun and its staff will work diligently to maintain a safe environment, certain risks, whether inherent in the Facility itself or caused by myself, any of the Participants, or other guests of Just For Fun, are unavoidable. These risks include, but are not limited to negligence by Just For Fun, including the failure on the part of Just For Fun to take reasonable steps to safeguard or protect me from the risks, dangers and hazards of being present or of using the Facility, hard surfaces under equipment, potential entrapment, pinch points and sharp edges, trip hazards, overcrowding, contamination by sharp or dangerous items or waste left behind by other participants at the Facility, theft or damage to personal property, personal injury or death. I, and on behalf of the Participants hereby expressly agree to assume and accept all such risks to myself, the Participants, and my personal property while in or the Facility and all loss resulting therefrom.
4. Safety Rules: I represent and warrant that I have read Just For Fun’s safety rules (the “Rules”), which form part of this Release Agreement and I agree to use the Facility only in accordance with the Rules. I also acknowledge that I have explained the Rules to the Participants. I understand that the Rules have been implemented for the safety of all guests at the Facility and acknowledge that failure to comply with the Rules or with any oral or written warnings by Just For Fun, or to use the equipment in a reasonably safe and appropriate manner may, at the sole discretion of Just For Fun, result in my or the Participants’ expulsion from and/or barred re-entry to the Facility.
5. Nuts: I agree and acknowledge that Just For Fun shall use reasonable efforts to ensure that the Facility is a nut-free facility and has done so by stating the prohibition of nuts in the Rules. However, due to numerous factors outside its control such as violation of the Rules by guests at the Facility, Just For Fun makes no guarantee, warranty or representation that the Facility is a nut free facility. I accept any and all risk that this may cause me or the Participants.
6. Health: I represent and warrant that the Participants are in good physical condition and does/do not have any illness or injury that may affect the safe enjoyment of the Facility.
7. Medical Treatment Authorization: I, the undersigned hereby give permission for Just For Fun to authorize emergency medical treatment as it deems appropriate for the Participants while they are at the Facility. I acknowledge that such medical assistance will be at my sole expense and that I have maintained appropriate insurance coverage for the Participants. I further acknowledge that Just For Fun will not pay for any cost or expenses incurred by me if I and/or the Participants are injured.
8. RELEASE: I represent and warrant that I understand the contents of this Release Agreement and the Rules as well as the inherent and non-inherent risks associated with presence on or use of the Facility by myself and the Participants. I and on the Participants’ account hereby irrevocably release and discharge Just For Fun from any and all claims by reason of any cause, whether known or unknown, including any claim arising out of or arising from, connected with, or in any way related to any and all loss, property damage, injury, or death that I or the Participants may suffer as a result of our presence on or use of the Facility, negligence, breach of contract or breach of any statutory or other duty of care, and failure on the part of Just for Fun to take reasonable steps to safeguard or protect me from the risks, dangers and hazards of being present at or using the Facility, which I and/or the Participants ever had, now have, or may in the future have against Just For Fun (the “Released Claims”). I represent and warrant that I have not assigned and will not assign to any other person or entity any of the Released Claims. I agree not to make any claim or initiate any proceedings against any person or entity which, in respect of the Released Claims, might claim contribution from, or be indemnified by Just For Fun. Despite this Release, in the event that any claim is brought by or on behalf of a Participant or by myself against Just For Fun, I acknowledge and agree that Just For Fun's liability shall be at a maximum several only and that its share of damages, if found liable, shall not be greater in proportion than its contribution to the Participant's loss.
9. Indemnity: I hereby indemnify and save harmless Just For Fun from any loss, damage, claim (whether by negligence of Just For Fun), cost or expense whatsoever that I, any Participant, any third party on a Participant’s behalf or any third party ever had, now have, or may in the future have against Just For Fun, arising out of or arising from, connected with, or in any way related to (i) the medical treatment administered by Just for Fun (including without limitation by negligence) to the Participants or myself and/or its failure to provide such medical treatment (ii) a Participant, a third party on a Participant’s behalf , myself or a third party on my behalf bringing a Released Claim, (iii) any property damage or personal injury to any Participant or third party resulting from my or the Participants’ use of the Facility and (iv) any legal expenses incurred by Just for Fun to enforce this Release Agreement.
10. Dispute Resolution: In the event that any dispute, disagreement or question shall arise between me and/or the Participants and Just For Fun (collectively, the “Parties”), as to either the interpretation of any of the provisions of this Release Agreement or any matter not addressed by this Release Agreement, which dispute, disagreement or question cannot be resolved by the agreement of the Parties within THIRTY (30) days of such dispute, disagreement or question, then the determination of such dispute may be resolved first by referring the Parties to mediation, and if such mediation is unsuccessful, then by arbitration in accordance with the provisions of the Arbitrations Act, R.S.O. 1990, c. A.24, as amended. Such decision decided by arbitration shall be final and binding upon all of the Parties hereto and shall not be subject to appeal by any Party.
11. Multi-use Waiver: I agree and acknowledge that my execution of this Release Agreement today will and does authorize Just For Fun to enter this Release Agreement into its database and use it as a continuous, multi-use Release Agreement for me and my Participants’ subsequent entry to and use of the Facility, including but not limited to such entry and usage on future days. I hereby expressly authorize Just For Fun to use this Release Agreement for subsequent uses of the Facility by me and the Participants until such time as I revoke it in writing.
12. I agree that if any portion of this Release Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 13. This Release Agreement and any rights, duties and obligations as between the Parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario. 14. I agree that this Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my or the Participants’ death or incapacity.
I HAVE READ THIS RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS AND HAVE EXPLAINED IT TO THE PARTICIPANTS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS FOR MYSELF AND THE PARTICIPANTS BY SIGNING IT INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING ANY INJURY, SICKNESS OR DEATH AT THE FACILITY, AND SIGN IT FREELY AND VOLUNTARILY, WITHOUT INDUCEMENT.
In order to ensure everyone’s safety and full enjoyment of the Facility the following rules must be followed while in the Facility:
1. Just For Fun is a SOCKS ONLY Facility. No shoes, slippers or bare feet are allowed. Socks are available for purchase at the Facility.
2. An attending parent, caregiver or guardian must remain in the Facility at all times. A responsible caregiver is someone who is a minimum of 18 years old.
3. Any person under the age of 18 years old may only exit the Facility with their responsible parent, caregiver or guardian.
4. Please leave valuables at home.
5. No food, gum, candy or drink is allowed in the play areas. Food and drink may be consumed only in designated areas in the Facility.
6. No climbing the slides and no climbing on the outside of the play structures
8. No running in the Facility.
9. No hooded sweaters, drawstrings or loose clothing that could potentially get caught in the play structures
10. No sharp objects are allowed in the Facility including metal flatware. Please use children safe knives and utensils for food handling in the party rooms.
11. No party celebrations are allowed in the common areas i.e. cake cutting, gift opening, etc.
12. No outside decorations, confetti, piñatas, face painting or glitter are allowed in the Facility unless approval has been obtained. Exceptions may be made for private events only.
13. No tape or any form of adhesives on any of the Facility walls.
14. A minimum age of five (5) is recommended for playing in the “Laser Tag” area.
15. No outside food and personal food deliveries are allowed to the Facility unless Just For Fun approves it in writing prior to the delivery. All outside food must comply with the following restrictions: - All food must be peanuts and nut-free – items with traces of nuts or those that “may contain nuts” are not allowed; - Fruit trays, veggie trays, chips, cake/cupcakes are permitted as long as they meet the nut-free criteria mentioned above. - No messy or strong aroma food - Alcohol is prohibited at the Just For Fun Facility at all times - All food & cake orders or changes must be made at least 5 days before your event booking. Just For Fun will make every effort to accommodate your requests or changes but orders or changes made less than 3 days before your event booking cannot be guaranteed.
16. Just For Fun reserves the right to refuse admission and request any person to leave the Facility.
17. Just For Fun is not responsible for any lost or stolen items. For the safety of our staff and customers, the Facility is monitored via video surveillance.
18. Please ensure that you and the Participants are free of illness. Just For Fun reserves the right to refuse entry or ask people to leave if there are obvious signs of contagious illness.
19. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, provincial, and local governments and federal and provincial health organizations recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Just For Fun Inc. (JFF) has put in place preventative measures to reduce the spread of COVID-19; however, JFF cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, entering JFF could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by entering JFF and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at JFF may result from the actions, omissions, or negligence of myself and others, including, but not limited to, JFF employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at JFF or participation in JFF activities ("Claims"). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless JFF, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of JFF, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any JFF activity.