Play: Release of Liability and Assumption of Risk Agreement
On behalf of myself, any minor child(ren) identified below and all minor children under my supervision (hereinafter referred to as the “Releasing Parties”), voluntarily elect to use the facilities, activities, and/or equipment located at 38525 Chester Road, Avon, Ohio 44011 and operated by PLAY CLE LTD. and/or the facilities, activities, and/or equipment located at 535 Lakeview Plaza Boulevard, Worthington, Ohio 43085 and operated by PLAY CBUS LTD (collectively referred to as “PLAY:”).
In consideration for being allowed to use said facilities and equipment, and any other services provided by PLAY CLE LTD and/or by PLAY CBUS LTD (as the case maybe) along with its/their officers, directors, officials, employees or agents at each particular location, the Releasing Parties represent, acknowledge and agree as follows:
The risk of injury from the activities and equipment, including but not limited to: zip lines, ropes courses, climbing apparatus, ninja courses, parkour courses, and any other equipment, games or activities contained on the premises or generally within each PLAY: facility, is significant during all phases of the activity or use of the equipment, including the potential for serious physical and emotion injury, permanent paralysis, disability, death, damages incurred by the Releasing Parties and/or third-parties and damage to the personal property of the Releasing Parties. The Releasing Parties acknowledge and agree that it is the Releasing Parties’ responsibility to determine whether the Releasing Parties are sufficiently fit and healthy enough to safely participate in the activities and use the equipment at each PLAY: facility.
The Releasing Parties agree to wear any necessary safety equipment or personal protective equipment provided and recognize that failure to do so increases the potential for severe injury or death and absolves each PLAY: facility along with PLAY:HOLDINGS LTD, their officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, permit grantors, independent contractors, sub-contractors and, if applicable, owners and lessors of the premises used to conduct these activities or house this equipment (collectively, the "Releasees") from any liability whatsoever.
In accordance with Ohio Revised Code Section 4175.05, each participant acknowledges that there are inherent and other risks associated with participation in the sport of climbing. Each participant accepts the inherent and other risks of climbing, of which a reasonably prudent person is aware. Each user of zip lines, ropes courses, ninja courses, parkour courses and any other equipment also acknowledges that there are inherent and other risks associated with participation in those sports and accepts the inherent and other risks of which a reasonably prudent person is aware.
Each participant and user of zip lines, ropes courses, ninja courses, parkour courses and any other equipment shall comply with all of the following:
a) Read all warnings and obey all rules at the PLAY: facility;
b) Obey all written and oral warnings and instructions of the staff at the PLAY: facility;
c) Read and follow the manufacturer’s instructions for use of personal protective equipment;
d) Prior to each use, inspect any personal protective equipment used by the participant, and replace the equipment as needed and according to the manufacturer’s instructions;
e) Refrain from acting in a manner that may cause or contribute to the injury of the participant or user of zip lines, ropes courses, ninja courses, parkour courses and any other equipment or any other person;
f) Exercise good judgment and act in a responsible manner while climbing.
No climber or user of zip lines, ropes courses, ninja courses, parkour courses and any other equipment shall climb or use zip lines, ropes courses, ninja courses, parkour courses and any other equipment while under the influence of alcohol or a controlled substance.
The Releasing Parties acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to the Releasees and all other persons or entities acting in any capacity on their respective or collective behalf.
Release of Potential Injuries
The Releasing Parties acknowledge and agree that the use of zip lines, ropes courses, climbing apparatus, ninja courses, parkour courses, and the other equipment located at each of the PLAY: facilities and that participating in such activities is inherently and obviously dangerous and could cause significant injury. The Releasing Parties understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity or use of the equipment or activities within each PLAY: facility, which the Releasing Parties further agree are for recreational purposes and completely voluntary activities. The Releasing Parties acknowledge and agree, that, while the activities and use of equipment take place at the PLAY: facilities are monitored generally by the employees at each PLAY: facility, it is not feasible for such employees to monitor the activities, use of equipment and actions of all patrons at all times or all patrons simultaneously. Furthermore, the employees at each PLAY: facility have difficult jobs to perform. They seek safety, but may make mistakes. They might be unaware of a patron’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
Voluntary Assumption of Risk - General
The Releasing Parties acknowledge and agree that the Releasing Parties are participating voluntarily and at our own risk. The Releasing Parties acknowledge and agree that the actions or activities of other patrons or the actions or inactions of the employees at a PLAY: facility could cause the Releasing Parties significant bodily injury, and that the PLAY: facilities are not responsible for the actions or activities of patrons using the PLAY: facility or the negligence of Releasees in supervising the PLAY: facility or its usage, including actions, activities, or omissions that result in such harm.
Voluntary Assumption of Risk – Climbers
In accordance with Ohio Revised Code Section 4175.06, climbers have knowledge and expressly assume the risks and legal responsibility for any losses that result from any of the following:
a) Falls and crashes into the climbing wall, holds, rocks, or other obstacles;
b) Risks associated with crossing or climbing up or down;
c) Equipment failure;
d) The climber’s physical strength, coordination, sense of balance, and ability to follow or give directions while climbing, belaying, lifting, or spotting;
e) Fatigue, chill, or dizziness;
f) The actions of other individuals, which are not attributable to a breach of PLAY:’s duties under Section 4175.03 and 4175.08 of the Ohio Revised Code.
Release of Liability
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue the Releasees from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from the Releasing Parties’ access to and/or use of each PLAY: facility, premises and/or its equipment, the Releasing Parties’ entry into each PLAY: facility, the condition, maintenance, inspection, supervision, control or security of the PLAY: facility, the failure to warn of dangerous conditions in connection with the PLAY: facility, the receiving of instructions, coaching, training, aid associated with strenuous bodily movement, teaching, instruction and/or the acts or omissions of PLAY: or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. The Releasing Parties understand that this release and waiver applies to all equipment, activities and games at each PLAY: facility. The Releasing Parties understand that this release and waiver applies to and includes all activities that the Releasing Parties engage in at the premises, whether inside or outside the PLAY: facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, the Releasing Parties shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any claims, causes of action, loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.
The Releasing Parties recognize that alcoholic beverages may be sold by the PLAY: facility to its patrons and the Releasing Parties understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during and after any activity or use of equipment at the PLAY: facility and the Releasing Parties recognize that consumption of alcohol and/or drugs might impair the Releasing Parties’ judgment and/or motor skills. The Releasing Parties assume full responsibility for any injury, loss or damage while engaging in an activity or using equipment associated with the consumption of alcohol and/or drugs.
Photo, Video and Social Media Waiver
In connection with the Releasing Parties’ use of a PLAY: facility, the Releasing Parties consent to the recording of the Releasing Parties’ physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). The Releasing Parties hereby consent to and authorize PLAY: and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Releasing Parties’ name, for any purpose, including advertising, promoting, exploiting and/or publicizing PLAY:. The Releasing Parties further agree that the foregoing includes the consent to use the Releasing Parties’ physical likeness in any form. In addition, the Releasing Parties waive any and all claims the Releasing Parties may have in connection with the Recordings.
Term of Agreement
The Releasing Parties understand that this agreement extends forever into the future and will have full force and legal effect each and every time the Releasing Parties visit a PLAY: facility, whether at the current location or any other location or facility.
I agree to terms and conditions.