Kids Sunrise CA Inc dba WiggleWorks Kids at Solano Town Center, 1350 Travis Blvd, Space # W017, Fairfield, CA 94533

A COMPLETED WAIVER BY A PARENT/GUARDIAN IS REQUIRED FOR ALL MINORS TO PARTICIPATE IN ACTIVITIES AT WiggleWorks Kids, Fairfield, CA. SORRY, NO EXCEPTIONS.

CHILDREN OF THE SAME FAMILY CAN SHARE ONE WAIVER

 ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, INDEMNITY AGREEMENT AND MEDICAL CONSENT (“WAIVER”)

In consideration of being allowed to enter and/or participate in any activities at WiggleWorks Kids at Solano Town Center located at 1350 Travis Blvd, Space # W017, Fairfield, CA 94533 (the “Premises”) and operated by Kids Sunrise CA Inc (the “Activities”), the undersigned acknowledges and agrees to the following:

 1.            I understand and acknowledge that the Activities involve playground equipment, which can be dangerous and may expose me and my minor child/children to a variety of risks, dangers and hazards including, but not limited to, falling from heights; colliding with stationary objects, fixed structures, and other persons; the carelessness of participants, and the failure of structures and other equipment.  I understand that in participating in the Activities my minor child/children and I risk death and serious injuries such as broken bones, muscle tears and sprains, and other orthopedic injuries, head and thoracic injuries, partial and/or total paralysis, or other serious injuries that could cause permanent disability.  I understand that these risks and dangers may be caused by the negligence of Kids Sunrise CA Inc, the negligence of the participants, the negligence of others, as well as accidents or other dangers that are integral to recreational activities.

 2.            I represent that I am qualified, in good health, and in proper physical condition to participate in such Activities. I represent that I am the parent or guardian of the minor child/children listed below (the “Minor”), and am authorized to sign this waiver on their behalf.  I understand the nature of the above referenced Activities and the Minor’s experience and capabilities, and believe that the Minor is qualified to participate in such Activities.  If I believe any of the Activities are unsafe for me or for the Minor, I will immediately stop participating. 

 3.            I hereby knowingly and voluntarily assume any and all such risks, including presently unknown or unforeseeable risks, and voluntarily assume all responsibility for losses resulting from my or the Minor’s participation in these Activities.  I also assume all responsibility for supervising and monitoring the Minor child/children while at WiggleWorks Kids Premises.

 4.            I hereby forever release and discharge Kids Sunrise CA Inc dba WiggleWorks Kids, its respective owners, partners, heirs, members, managers, administrators, agents, officers, lessors, volunteers, employees, other participants, any sponsors, and advertisers (“Releasees”), on behalf of myself and, to the fullest extent permitted by law on behalf of the Minor participant for whom I sign below, from any and all liability, claims, demands, losses, or damages, however caused, whether related to property damage, theft, and/or personal injury, and whether based on tort, intentional act, strict liability, negligence, and/or negligent rescue, and whether or not it is the result of the negligence of the Releasees or otherwise, suffered by me or the Minor participant while participating in these Activities.  I will indemnify, save and hold harmless each of the Releasees from any claim, expense, attorney’s fees, loss, liability, damage, or cost which relates to, or arises from, my participation or the Minor’s participation in the Activities, to the fullest extent permitted by law.  I have read this agreement, fully understand its terms, understand that I have given up substantial rights for myself and my minor child/children by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.

5.            I also understand and agree that my execution of this Waiver on my initial visit, or for a Minor listed below, will authorize Kids Sunrise CA Inc to enter this Waiver into its database and use it as a continuous, multi-use waiver for me and the Minor(s) listed below.  I hereby expressly authorize Kids Sunrise CA Inc to use this Waiver as a multi-use waiver until such time as I revoke it in writing. 

 6.            I also understand and agree that, at any time, Kids Sunrise CA Inc may refuse to allow anyone to enter and/or continue to participate in the Activities. I further understand and agree that Kids Sunrise CA Inc has discretion to refuse or discontinue service for any reason, without explanation, to the fullest extent permitted by law. I agree that I will leave the Premises immediately upon request, that I am not entitled to a refund if I should be asked to leave, and that no explanation or justification for such request will be provided.

 MEDICAL PERMISSION AUTHORIZATION

 If the participant is of minority age, the undersigned parent or guardian hereby gives permission for Kids Sunrise CA Inc to authorize emergency medical treatment as may be deemed necessary for the Minor named below while participating in WiggleWorks Kids’ Activities.  The undersigned hereby releases, discharges, and agrees to indemnify and save and hold harmless Kids Sunrise CA Inc from all liability, claims, demands, losses or damages on the Minor’s account caused or alleged to have been caused in whole or in part by the negligent medical treatment, failure to provide medical treatment, or negligent rescue operations, and further agrees to indemnify, save and hold harmless Kids Sunrise CA Inc from any litigation expenses, attorney’s fees, loss liability, damages, or costs incurred by Kids Sunrise CA Inc as a result of any such claim.

 I HAVE READ THE ABOVE MEDICAL PERMISSION AUTHORIZATION AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE KIDS SUNRISE CA INC FROM ALL LIABILITY ARRISING AS THE RESULT OF THIS MEDICAL PERMISSION AUTHORIZATION.

I recognize that Kids Sunrise CA Inc has agreed to allow me and my minor child/children to participate in these Activities on the condition that I sign this waiver and release, and I agree to be bound by its terms.  I have signed this waiver and release in consideration of the benefits my minor child/children and I will receive from participating in the Activities.