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release of liability waiver

WAIVER & RELEASE AGREEMENT

sensory escape logo

You must read, understand, and agree to all terms and conditions.

This Agreement is entered into between [Sensory Escape, LLC] (“Company”) and the undersigned (“Participant”).

DESCRIPTION OF SENSORY ESCAPE PLAY CENTER: Join us at Sensory Escape Play Center to embark on a journey of sensory exploration and growth. Welcome to Sensory Escape Play Center (the “Sensory Escape Play Center”), where we provide a nurturing haven for individuals with sensory processing difficulties. Our Play Center features two distinct play areas adorned with jungle Play Centers, sensory rooms, a calming sanctuary, and climbing walls. At Sensory Escape Play Center, parents are encouraged to accompany their children throughout their exploratory journey. In addition to open play sessions, we offer structured events such as cookie decorating, monthly family nights, and dedicated sensory nights, creating inclusive spaces for neurodivergent kids aged 3 to 12 and fostering social interaction and holistic development. Our mission is to facilitate motor skills development, social engagement, and overall well-being through tailored experiences that cater to the unique needs of each individual (collectively, the “Services”). Join us at Sensory Escape Play Center for a transformative voyage of sensory exploration and growth.

 

ASSUMPTION OF RISK:  Participant agrees to assume all risks associated with participating in sensory integration activities at Sensory Escape Play Center, including the risk of injury or illness, whether caused by the negligence of Sensory Escape Play Center, its affiliates, employees, agents, representatives, successors, and assigns, or otherwise. This includes, but is not limited to, injuries or damages arising from the negligence of Sensory Escape Play Center, whether active or passive, or any of its affiliates, employees, agents, representatives, successors, and assigns.

 

Before engaging in any activities at Sensory Escape Play Center, we want to emphasize the importance of your health and safety. We strongly encourage you, Participant, to consult with a healthcare professional, particularly if you have any underlying medical conditions or concerns regarding your ability to participate safely. By voluntarily participating in activities at Sensory Escape Play Center, you acknowledge that you have either obtained medical clearance or have knowingly chosen to engage in activities without such clearance. Your health is our priority, and we want you to feel responsible for it.

 

USE OF THE SENSORY ESCAPE PLAY CENTER:  Company is not responsible for any loss of your personal property at the Sensory Escape Play Centers. Participant understands that Company does not always provide supervision, instruction, or assistance for the use of the Sensory Escape Play Centers. Participant agrees to comply with all rules imposed by the Sensory Escape Play Centers regarding the use of the Sensory Escape Play Centers. Participant agrees to conduct Participant’s self in a controlled and reasonable manner at all times, and to refrain from using the Sensory Escape Play Centers in a manner inconsistent with their intended design and purpose. 

ZERO BULLYING AND NO TOLERANCE CLAUSE:  The undersigned acknowledges and agrees that any form of bullying, roughhousing, fighting, profanity, violence, or sexually inappropriate behavior will not be tolerated at any time during any event. Participants are expected to treat the company, its staff, and affiliates with respect and refrain from aggressive behavior. By signing this waiver, participants commit to maintaining a safe and respectful environment for all involved parties.

 

HEALTH CLAUSE FOR SICK CHILDREN:  The undersigned acknowledges and agrees that if a child is unwell, exhibiting symptoms of illness, or has a contagious condition, they will not attend the play center until they fully recover. This includes, but is not limited to, fever, persistent cough, flu-like symptoms, or any other health issue that may pose a risk to other children, staff, or affiliates. By signing this waiver, parents and guardians commit to ensuring the well-being of all participants and preventing the spread of illness within the play center.

 

NO GUARANTEES OR WARRANTIES:  Participant acknowledges that no representations or claims are made regarding any Services' therapeutic nature or other benefits. No Services are intended to diagnose, treat, cure, or prevent diseases, illnesses, imbalances, or disorders. No results from the Services are assured. Every Participant is different and responds differently to the Services.

 

MODEL RELEASE:  Participants understand that Company occasionally photographs/videotapes Services, and by signing below Participant provides express written approval for the Company to use these images or video in any media for promotional purposes, with no financial or other remuneration due to Participant, provided that Participant will not be identified by full name or personal identifying information without written approval from the Participant.

 

PLAY CENTER WAIVER:  To use Company’s Play Center, Participant/undersigned agrees to hold harmless, waive and release Company, our staff, employees, volunteers, officers, representatives, agents, organizers, and successors from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with the participation in the Play Areas, including those allegedly attributed to the negligent acts or omissions of the parties mentioned above. The participant understands that the Play Areas are provided only when the participant is present in the building and utilizing the Sensory Escape Play Centers.  Participant understands that if the Participant’s child becomes inconsolable during the time that Participant is in the Sensory Escape Play Center, the Parent or Legal Guardian is responsible for attending to the child by utilizing our Calming Room or our Sensory Room to help with meltdowns or sensory overloads.  

 

RELEASE:  Participant agrees on behalf of itself (and Participant personal representatives, heirs, executors, administrators, agents, and assigns, parent, legal guardian) to release and discharge Company (and Company’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of injuries or other damages which may occur as a result of Participant’s use of the Services, Play Area and Sensory Escape Play Centers, including, but not limited to, (a) Participant’s use of any Sensory Escape Play Centers which may malfunction or break, (b) improper maintenance of any Sensory Escape Play Centers, (c) negligent instruction or supervision, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a Sensory Escape Play Center or while traveling to or from the Services or Sensory Escape Play Centers, including injuries resulting from Company’s or anyone else’s negligent inspection or maintenance of the Sensory Escape Play Center.  This also includes any negligence associated with the presence of or transmission of any bacteria, viruses, or infectious diseases, including exposure to any Coronavirus, including Covid 19.  Participant agrees to be financially responsible for any costs relating to medical care or treatment incurred as a result of any Services. Participant is aware and understands that Participant should carry Participant’s own health insurance.

 

ACKNOWLEDGMENTS:  Participant expressly agrees that the foregoing release, waiver, assumption of risk, and indemnity agreement is intended to be as broad and inclusive as permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts. Participant acknowledges that Participant has carefully read this waiver and release and fully understands that it is a release of liability, express assumption of risk, and indemnity agreement. Participant is aware and agrees that by executing this waiver and release, Participant is giving up Participant’s right to bring a legal action or assert a claim against Company for Company’s negligence or any defective product used while receiving Services from Company. Participant has read and voluntarily signed this Agreement and further agrees that no oral representations, statements, or inducement apart from the foregoing Agreement have been made. 

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