ZANY'S PLAY WORLD – RELEASE AND INDEMNIFICATION AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS.
This Release and Indemnification Agreement ("Agreement") is entered into by the Adult Participant, and if any minor is named below, the Adult Participant on behalf of and as parent or legal guardian for the Child Participant(s), in favor of Zany's Play World LLC ("Play World").
Collectively, the Adult Participant and Child Participant(s) are referred to as "Participant." In consideration of Play World permitting Participant access to the premises located at 2462 E Highway 34, Suite A, Newnan, GA 30265 (the "Premises") and the ability to participate in the Activities, Participant agrees as follows:
1. NATURE OF THE ACTIVITIES. Play World operates an indoor playground and family entertainment facility, which offers Participants (a) the opportunity to engage in indoor playground, inflatables, climbing, slides, obstacle play, arcade games, party activities, and other recreational play and (b) access to the Premises, café, and event areas (collectively, "Activities").
2. TYPES OF RISKS.
2.1 Risks Associated with Activities. Participant acknowledges there are inherent risks and potential injuries that may occur from participating in the Activities, including but not limited to equipment malfunction, improper use of equipment, slips, trips, falls, collisions with other participants, strains, sprains, bruises, cuts, concussions, broken bones, muscle or joint injuries, and other hazards that could result in serious injury, disability, or death. Participant acknowledges that additional risks exist from the use of inflatables, including deflation, surface failure, or erratic movement. Due to the nature of these Activities, there may also be unknown or unforeseeable hazards.
2.2 Exposure to Bacteria, Fungus, Viruses, and Contagious Diseases. By entering the Premises or engaging in the Activities, Participant acknowledges the risk of exposure to bacteria, fungus, viruses, or contagious diseases (including COVID-19) that cannot be completely eliminated despite reasonable precautions. Participant voluntarily assumes all such risks and agrees to hold Play World harmless from any related claims.
3. ASSUMPTION OF RISKS. Participant affirms that participation is voluntary and undertaken with full understanding of the risks. Participant acknowledges that it is impossible to eliminate all risk of injury or illness and agrees to participate only within their physical ability. Participant understands and accepts the risks for both themselves and any minors under their care.
4. ALCOHOL. Participant agrees not to consume alcohol prior to or during participation in any Activities. Play World may deny access or remove any individual suspected of being under the influence of alcohol or drugs. Participant accepts full responsibility for any harm or damage arising from alcohol consumption by themselves or their guests.
5. RELEASE AND INDEMNITY. To the fullest extent permitted by law, Adult Participant, on behalf of themselves, their Child Participant(s), heirs, and assigns, releases, agrees not to sue, and shall indemnify and hold harmless Zany's Play World LLC, its owners, officers, employees, agents, landlords, insurers, and affiliates (collectively, the "Protected Parties") from all liabilities, losses, damages, claims, demands, actions, suits, causes of action, costs, and expenses (including attorney's fees) arising out of or in connection with (i) Participant's use of the Premises, (ii) participation in the Activities, (iii) property damage or loss, or (iv) any injury or death, whether caused by negligence, gross negligence, or otherwise, except in cases of willful misconduct by the Protected Parties.
6. DISPUTE RESOLUTION AND VENUE. Any dispute or claim arising out of or relating to this Agreement or participation in the Activities shall be resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association under its Commercial Industry Arbitration Rules. Arbitration shall occur in Coweta County, Georgia. Judgment on any arbitration award may be entered in a court of competent jurisdiction. Both parties knowingly waive the right to a jury trial.
7. LICENSE. Participant irrevocably grants the Protected Parties the right to use photographs, video, or audio recordings of Participant's name, image, likeness, and voice for lawful purposes including advertising, promotion, or trade in any media worldwide, without compensation or approval rights.
8. AUTHORITY. If the Adult Participant signs this Agreement on behalf of their spouse, child, family member, or other individual, the Adult Participant represents they have full legal authority to do so and to bind such individuals to this Agreement.
9. ACKNOWLEDGEMENTS. Participant agrees this Agreement is a complete release and indemnity agreement, entered voluntarily without reliance on oral statements not contained herein. Participant agrees it is intended to be as broad as permitted under Georgia law, and if any part is held invalid, the remainder shall continue in full effect. This Agreement is governed by the laws of the State of Georgia, with venue in Coweta County.
10. REPRESENTATIONS BY PARTICIPANT. Participant agrees to follow all posted rules and staff instructions. Participant affirms that they and any minors in their care are physically able to safely participate, and have no medical conditions that would increase the risk of injury. Participant authorizes Play World to provide emergency care if necessary and assumes all costs associated with such care.
BY SIGNING, I ACKNOWLEDGE I HAVE READ AND UNDERSTAND THIS AGREEMENT AND SIGN IT VOLUNTARILY, FULLY INFORMED OF ITS TERMS AND EFFECTS.