Waiver
WAIVER
This Release of Liability and Waiver is REQUIRED for all those using Dinoville Inc. o/a
Dinoville Indoor Playground facility. Those under the age of 18 must have the Agreement completed and signed by their parents or legal guardian. By using the equipment and property at this facility, all guests of Dinoville Indoor Playground are bound by the Rules on display on our website at www.dinoville.ca. By completing this Release of Liability and Waiver you will give up all legal rights including the rights of you and your child(ren)/ward to sue or claim compensation following an accident however caused.
RISKS
I acknowledge on behalf of myself and/or my child(ren)/ward that participation and activities at Dinoville Indoor Playground involves known and unanticipated risks that could result in physical injuries, emotional injuries, paralysis, death, or damage to me and/or my child(ren)/ward, or other people, and/or damage to my property.
ASSUMPTION OF RISKS: Therefore, knowing of these risks, I agree that I and my
child(ren)/ward are voluntarily participating in the activities offered by Dinoville Indoor
Playground, ITS DIRECTORS, OFFICERS, AGENTS, ITS EMPLOYEES, VOLUNTEERS OR OTHERS (collectively “Dinoville”) including, but not limited to, the use of the equipment, facilities and the premises and food and drinks offered at the location.
WAIVER
In consideration of participation at Dinoville Indoor Playground and the premises set forth above and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, and on behalf of my child(ren)/ward, hereby agree as follows: 2 TO WAIVE ANY AND ALL CLAIMS that I, my child(ren)/ward, and/or anyone on our behalf has or may have in the future against Dinoville Indoor Playground and other participants. I and/or my child(ren)/ward release Dinoville Indoor Playground and/or other participants from any and all liability for any loss, damage, expense or injury including, but not limited to death, that I may suffer and/or that my child(ren)/ward may suffer, as a result of participation in activities at Dinoville Indoor Playground, due to any cause whatsoever, including Dinoville Indoor Playground’s failure, breach of any duty of care, or negligence to take reasonable steps to safeguard or protect me and/or my child(ren)/ward from the risks, dangers, and hazards of participating in the activities referred to above:
TO HOLD HARMLESS AND INDEMNIFY Dinoville Indoor Playground and other
participants from any and all liability for any property damage or personal injury to any person resulting from participation in these activities;
In entering into this Release of Liability and Waiver I am not relying on any oral or written representation or statements made by the Dinoville Indoor Playground and/or other participants with respect to the safety of participating in activities other than what is set forth in the Release of Liability and Waiver;
Effectiveness of Waiver. This Release of Liability and Waiver will become effective on the date we enter Dinoville Indoor Playground. I agree that if any portion of this Release of Liability and Waiver is found to be void or unenforceable, the remaining portions shall remain in effect;
Governing Law. Release of Liability and Waiver and all matters arising out of or relating to this Release of Liability and Wavier, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada, as applicable. I irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and agree that any legal action brought in relation to this Agreement shall be brought in the City of Mississauga or the Region of Peel;
Successors and Assigns. This Waiver shall ensure to the benefit of and be binding upon each of the Parties and each of their respective successors and assigns;
Headings. The headings in this Waiver are for reference only and do not affect the interpretation of this Waiver;
Entire Agreement. This Waiver constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter; and
Costs and Expenses. I agree to pay or reimburse Dinoville Indoor Playground for all of its out-of-pocket costs and expenses incurred in connection with this Waiver (including the fees and expenses of its advisors, accountants, and legal counsel).
INFECTIOUS DISEASES WAIVER
In consideration of being allowed to participate in any and all Dinoville Indoor Playground activities including but not limited to parties, camps, classes, programs, and other related events and activities, (collectively referred to herein as, “Activities” and individually as an “Activity”), the undersigned acknowledges, understands, and agrees to all of the following agreements and provisions contained in this Infectious Disease Waiver of Liability, Release of Claims, Indemnity and Hold Harmless Agreement (the “Agreement”):
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.
I understand the hazards of COVID-19 and other infectious diseases and am familiar with the guidelines issued by the local authorities regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the guidelines along with the rules and regulations of the owners of the premises (including Dinoville Indoor Playground ) where Dinoville Indoor Playground conducts its Activities (the “Facility Owners”) are regularly modified and updated and I accept full responsibility for familiarizing myself and complying with the most recent updates of such rules, regulations and guidelines.
I understand participation in any or all Dinoville Indoor Playground Activities includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While Dinoville Indoor Playground has put in place preventative measures to reduce the spread of COVID-19 and other infectious diseases; Dinoville Indoor Playground cannot guarantee that you, your children or your family members will not become infected with COVID-19 or any other infectious disease. While compliance with Dinoville Indoor Playground ’s and Ontario Public Health regulations and guidelines may reduce the risk of contracting COVID-19 or any other infectious disease, the risk of serious illness and death does exist.
To the best of my knowledge, my child/children and I are of good health, are not immune-compromised and can fully participate in any Dinoville Indoor Playground activities. Notwithstanding the risks associated with COVID-19 or any other infectious disease, which I readily acknowledge, I hereby voluntarily agree to my child’s/children’s participation in any and all Dinoville Indoor Playground Activities and to enter any and all premises used by Dinoville Indoor Playground for its Activities knowing that any of the Activities may be hazardous to me. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, DAMAGE, PERSONAL LOSS, ILLNESS, INJURY OR DEATH FROM COVID-19, OR ANY OTHER INFECTIOUS DISEASE, THAT MAY BE SUSTAINED BY ME, MY FAMILY MEMBERS OR MY PLAYER AS A RESULT OF BEING ENGAGED IN ANY Dinoville Indoor Playground ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF Dinoville Indoor Playground, ITS MEMBERS, PARTNERS (INCLUDING Dinoville Indoor Playground COACHES, VOLUNTEERS, AGENTS, EMPLOYEES, OR BY THE FACILITY OWNERS (COLLECTIVELY REFERRED TO HEREIN AS “RELEASEES” OR INDIVIDUALLY AS “RELEASEE”) OR OTHERWISE.
In consideration for participating in any Dinoville Indoor Playground which is hereby acknowledged, I hereby RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE AND COVENANT NOT TO SUE RELEASEES from any and all liability, claims, costs, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, illness or injury, including death, that may be sustained by me, my family members or my player FROM COVID-19, OR ANY OTHER INFECTIOUS DISEASES, AS A RESULT OF BEING ENGAGED IN ANY OF Dinoville Indoor Playground ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses, costs or expenses of any nature whatsoever including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel, and whether or not an action is brought, on appeal or otherwise, arising from or out of, or relating to, directly or indirectly, an infection of my child/children, myself or my family members with COVID-19, or any other infectious disease, illness or injury.
It is my expressed intent that this Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above RELEASEES.
I understand that Dinoville Indoor Playground (or any RELEASEE) will not be responsible for any medical costs associated with any illness from COVID-19 or any other infectious disease that I, my child/children, or my family members may sustain as a result of participating in any Dinoville Indoor Playground Activities.
I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I
ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT TO THE PERMISSION GRANTED BY Dinoville Indoor Playground AND RELEASEES TO BE ON PREMISES AND TO PARTICIPATE IN THE ACTIVITIES.
I hereby further agree that this Agreement shall be construed in accordance with the laws of the province of Ontario.
Electronic, email, or facsimile signatures on this Agreement shall be construed for all purposes as original signatures.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during this Agreement, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid, or unenforceable provision there shall be automatically added, as part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart.
I have read and understood both this Release of Liability and Waiver and the Facility Rules, displayed on the Dinoville Indoor Playground premises and on their website www.dinoville.ca, for participants of Dinoville Indoor Playground and agree to follow and be bound by them. I also certify that I have explained the rules to my child(ren)/ward listed above. In consideration of the acceptance of my use/the use of my child(ren)/ward of the Dinoville Indoor Playground facilities, I agree to save harmless and keep indemnified Dinoville Indoor Playground from all claims, actions, costs and expenses and demands in respect to death, injury loss or damage to my person or property and in respect of damage to my child(ren)/ward.
BY SIGNING THIS Infectious Disease Waiver of Liability, Release of Claims, Indemnity and Hold Harmless Agreement, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
By signing this, I certify that I am the parent or legal guardian of the above-noted minor(s). I also certify that the above information is true to my knowledge and will/can be used for contact tracing and communication purposes, in the event of any outbreaks.
**This waiver is valid for future visits until explicitly revoked in writing **
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