Photo Waiver & Release and waiver of liability, assumption of risk, and indemnity agreement.

I,  the parent or legal guardian of [minor] understand that using soft play equipment and associated activities, including but not limited to, running, jumping, crawling, walking, climbing, and collisions, involve inherent and other risks of injury and death. I voluntarily agree to expressly assume all risks of injury or death that may at any time result from any and all activities organized or promoted by BrincaPlay LLC. I also grant BrincaPlay LLC my permission to use the photographs taken on 03/07/2020 for any legal use, including but not limited to: publicity, copyright purposes, illustration, advertising, and web content. Furthermore, I understand that no royalty, fee or other compensation shall become payable to me by reason of such use.

I AGREE TO RELEASE BrincaPlay LLC and its owners, affiliates, insurers, employees, attorneys, agents, representatives, successors-in-interest, and assigns (collectively “Providers”) from all liability for injury, death, and property loss and damage that results from the participant’s participation in soft play activities organized by Brinca Play LLC, including all liability that results from the negligence or gross negligence of such Providers, or any other person or cause. I understand that participation carries with it certain inherent risks and dangers that cannot be eliminated regardless of the care taken to avoid accidents, injury or death.

I hereby assert that my participation is voluntary and that I knowingly assume all such risks including serious injury or death. I further agree to defend and indemnify Providers for all loss and damage (including, without limitation the reimbursement of the fees and expenses of attorneys and expert witnesses) arising from claims or lawsuits for personal injury, death, property loss and damage or other losses or damages arising from or related to my participation in all activities organized by BrincaPlay LLC.

I understand losses include, without limitation reimbursement of Providers for the fees and expenses of Providers serving as witnesses, preparing for trial, or participating in any proceedings. This agreement is binding upon the participant’s heirs, executors, administrators, and assigns. I acknowledge that the laws of the State of Florida govern this agreement. I further agree that any action involving parties or issues relating to or arising out of this agreement must be instituted and prosecuted in the Superior court for Orange County, Florida. If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.

I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law. I HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO THIS AGREEMENT AND RELEASE OF LIABILITY.

I have read, understand, and voluntarily agree to BrincaPlay Terms and Conditions and understand that: I am responsible for following the rules and safe procedures of BrincaPlay in order to protect the equipment and provide a safe environment for me, my guests and any other people that can have access to BrincaPlay’s equipment while is in my possession. I AGREE TO RELEASE, DEFEND, INDEMNIFY, NOT SUE AND HOLD HARMLESS TYPE BRINCAPLAY, their principals, officers, owners, employees, equipment manufacturers from any claims, damages, (including medical fees, attorney fees), injuries (including disabilities, paralysis and death) and expenses arising out of or resulting from my voluntary attendance/participation at BrincaPlay LLC.

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Document name: Photo Waiver & Release and waiver of liability, assumption of risk, and indemnity agreement.
lock iconUnique Document ID: 8ae9643bc0eea2d64598a62b7cfa3c3d65586051
July 1, 2019 6:54 pm -06Photo Waiver & Release and waiver of liability, assumption of risk, and indemnity agreement. Uploaded by BrincaPlay LLC - IP