NORTHWEST SOFT PLAY LLC WAIVER AND RELEASE FORM
Assumption of Risk, Waiver, and Release from Liability
I, _____________________________desire to use, and/or to allow any minor child or children for whom I am responsible for to use, the facilities at
NORTHWEST SOFT PLAY LLC’s (“NORTHWEST SOFT PLAY”) playground (“The Playground”) located at: 317 E Seltice Way, Post Falls, ID 83854. This
Assumption of Risk, Waiver, and Release of Liability covers all activities and/or injuries sustained at the Playground.
1. Risk Factors‐ I understand and acknowledge that the use of NORTHWEST SOFT PLAY’s facilities at The Playground involves dangerous risks including, but
not limited to the following: all manner of bodily injury including, but not limited to, permanent disability, paralysis, and death. These risks may result from a
variety of circumstances including the misuse of equipment or facilities.
2. Assumption of Risk‐ I am choosing to use the facilities at The Playground at my own risk. I understand and acknowledge that the activities which I am or/and
(any minor children for which I am the Parent, legal guardian, or otherwise responsible, any heirs personal representative) about to voluntarily engage in as a
participant and/or volunteer bears certain known and unanticipated risks which could result in injury, death, illness or disease, physical or mental, or damage to
myself, or to spectators or third-parties. I assume full responsibility for all risks that may arise from any person named herein using the facilities at The Playground
or from participating in activities at The Playground.
3. Acknowledgement of Policies and Procedures‐ I acknowledge that I have read, know, and agree to all of the policies and procedures relating to the use of the
facilities at The Playground. I agree to comply with all rules, regulations, and policies at The Playground. I understand The Playground reserves the right to
revoke or terminate my, or my children’s, use of the facilities at The Playground for any violation of rules, regulations, or policies.
4. Release, Indemnify, and Defend‐I hereby release, waive, discharge, and hold harmless- I agree to release, indemnify, hold harmless and defend
NORTHWEST SOFT PLAY, LLC, and any of its sister, parent, and or subsidiary companies along with all of their employees, owners, managers, members,
officers, past or present, from any claims, suits, liabilities, judgments, costs and expenses for any property damage, loss, theft, personal injury, illness, death, or
other loss arising from the persons named herein’s use of The Playground.
5. Waiver‐ I hereby waive any protections afforded by any statute or law in any jurisdiction, including Idaho, whose purpose and/or effect is to provide that a
general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the
release. This waiver and release covers all known and unknown future claims resulting from breach of contract as well as ordinary and gross negligence.
6. Payment for damages‐ I agree to pay for any and all damages to any property or equipment as a result of my or my family’s (or ward’s) intentional, willful
actions, negligence, or recklessness and agree to be held liable for all such costs associated with such damages, including but not limited to attorney’s fees sought
in proving and collecting such damages.
7. Representatives‐ I enter into this agreement on behalf of myself as well as on behalf of any minor children and/or wards named herein; their and my heirs,
assigns, and legal representatives. I represent and warrant that if any of the minor children and/or wards have other parent(s) and/or legal representatives, I have
obtained their consent prior to signing this document and they have agreed to be bound hereby. I agree to provide indemnity for any breach of this warranty.
8. Insurance‐ I understand that I am solely responsible for any medical, health, or personal injury costs relating to the use of The Playground and its facilities by
myself or of any other person named in this release. I understand that it is strongly encouraged to have a medical physical exam and purchase health insurance
prior to any use of the facilities at The Playground by any person.
9. Arbitration/mediation- All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation based on the laws of
the state of Idaho. The prevailing party in the event of arbitration or litigation shall be entitled to costs and reasonable attorney fees.
There is no unequal bargaining power between NORTHWEST SOFT PLAY, LLC and myself. I have read and fully understand this Assumption of Risk,
Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I execute this document freely and voluntarily
on behalf of myself and any minor child/children (and/or wards) for which I am the parent, legal guardian, or otherwise responsible for, named below:
Child’s (Ward’s) No. 1 Name (Print): _____________________________________________________________
Child’s (Ward’s) No. 2 Name (Print): _____________________________________________________________
Consent and Release on Behalf of Minor by Parent/Legal Guardian: I am the parent or legal guardian of the above-named minor(s). I have read and understand
this Assumption of Risk, Waiver and Release from Liability form and understand that it relates to surrendering valuable legal rights of the minor(s) and myself.
I agree to be bound by all the terms of the Assumption of Risk, Waiver, and Release from Liability. I represent and warrant that I am over eighteen years old, I
am not under the influence of any intoxicants (drugs or alcohol), and that this is the entire agreement (merged and integrated with NORTHWEST SOFT PLAY’S
PLAY. I give my consent for participation of such minor child(ren) and/or wards at The Playground. I CAN READ, WRITE, AND UNDERSTAND THE
ENGLISH LANGUAGE AND CAN UNDERSTAND EACH AND EVERY TERM ON THIS PAGE REGARDLESS OF THE SIZE OF FONT USED