I understand that use of the KIDSTREET indoor playground located at Sunset Mall, Suite 1258, San Angelo, Texas 76904 (the "Facility") involves inherent risks of injury. These risks include, without limitation, slips, trips and falls; collisions with other participants, equipment or structures; injuries from slides, climbing structures, playhouses, ball pits, foosball and ping pong equipment; sprains, fractures, cuts, bruises, concussions, dental injuries, and in rare cases catastrophic injury, permanent disability or death. I understand that these risks cannot be eliminated regardless of the care taken by KIDSTREET. I knowingly and freely assume all such risks, both known and unknown, for myself and for each minor listed on this agreement.
I agree to read, follow and ensure that each minor in my care follows all posted rules and all instructions given by KIDSTREET staff. I understand that socks are required in all play areas, that food and drink are permitted only in designated areas, that the toddler area is reserved for children approximately ages 1–3, and that certain equipment carries age, height or weight limits. I understand that KIDSTREET does not provide childcare services and that a responsible adult must remain on the premises and supervise the minors in their care at all times.
I confirm that I and each minor listed are in good health and have no medical condition, injury or impairment that would make participation unsafe. I agree not to enter the Facility, and not to allow any minor in my care to enter, while showing signs of illness or contagious infection.
In consideration of being permitted to enter and use the Facility, I, on behalf of myself, each minor listed, and our heirs, assigns, personal representatives and next of kin, hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE KIDSTREET, its owners, officers, members, employees, contractors, volunteers, landlords and affiliates (the "Released Parties") from any and all liability, claims, demands, actions and causes of action arising out of or related to any loss, damage, injury or death that may be sustained while in, on or about the Facility, whether caused by the ordinary negligence of the Released Parties or otherwise, to the fullest extent permitted by Texas law. Nothing in this agreement releases the Released Parties from liability for gross negligence or willful misconduct where such release is prohibited by law.
I agree to INDEMNIFY, DEFEND AND HOLD HARMLESS the Released Parties from any loss, liability, damage, cost or expense, including reasonable attorneys' fees, that they may incur as a result of my participation, the participation of any minor listed, or any damage to property caused by me or by any minor in my care.
In the event of injury or illness, I authorize KIDSTREET staff to call for emergency medical assistance and to arrange for first aid or emergency treatment for me or for any minor listed. I accept financial responsibility for any medical costs incurred.
KIDSTREET may occasionally photograph or record activities at the Facility for promotional purposes. By granting consent below, I permit KIDSTREET to use such images without compensation. Consent is optional and may be declined without affecting admission.
KIDSTREET is not responsible for lost, stolen or damaged personal property brought into the Facility.
This agreement remains in effect for one (1) year from the date signed and applies to every visit during that period. If any provision is held invalid, the remaining provisions remain in full force. This agreement is governed by the laws of the State of Texas, and venue for any dispute shall lie in Tom Green County, Texas.
I understand that submitting this form with my typed or drawn signature constitutes a legally binding electronic signature under the Texas Uniform Electronic Transactions Act, with the same force and effect as a handwritten signature. I confirm that I am at least 18 years old, that I am the parent or legal guardian of (or otherwise legally authorized to sign for) each minor listed, and that I have read and understood this entire agreement.