I, "The Renter" hereby, ASSUME ALL OF THE RISKS OF PARTICIPATING desires to rent from Pepper Play, equipment to be used by the Renter, the Renter's guests, or other people while in renter’s possession. The renter understands the use of this play equipment may, by its nature, cause injury or harm to the renter, the Renter's guests, or other people.
WAIVER AND RELEASE: The Renter understands and acknowledges that this RELEASE discharges Pepper Play. from any liability or claim that the renter may have against Pepper Play. with respect to any bodily injury, illness, death or property damage that may result from the Renter’s use and possession of Pepper Play equipment. The Renter does hereby release and will forever discharge and hold harmless Pepper Play. and its successors and assigns from any and all liability claims, and lawsuits of any kind or nature either in law or in equity, which arise or may hereafter arise from Renters possession and use of Pepper Play equipment.
INSURANCE: The Renter understands that insurance for liability, health and medical or disability coverage in any way related to the rental of equipment under this agreement is the sole responsibility of the Renter. By signing below, I, the Renter, and my guests forfeit all rights to bring a suit against Pepper Play. and affiliates for any reason. In return, I, the Renter, will also make every effort to obey safety precautions as listed in writing and explained to me verbally, in efforts to keep the Pepper Play experience positive. I, the Renter have read the safety rules and understand that I will ask for clarification when needed.
EQUIPMENT CLEANLINESS AND CARE: To reduce the number of germs and therefore the spread of disease or illness Pepper Play asks that The Renter immediately disinfect any equipment that has come in contact with the following situations:
- leaked or soiled diapers
- vomit
- blood
- mucus
If at time of pick up the equipment is in extremely dirty condition, the Renter will be charged a $150 cleaning fee. If there is any damaged or stolen play equipment the Renter will be charged at an appropriate amount, i.e. cost of repair or replacement.
PLAY RULES: It is the responsibility of the the Renter hiring Pepper Play to ensure that all possible precautions are taken to avoid injury to people or damage to PEPPER PLAY:
- Children must be supervised at all times
- NO SHOES / HEELS are permitted inside the play area. (ADULTS INCLUDED)
- No diving or throwing balls out of the ball pit.
- No food, candy, gum, or beverages in the soft play area.
- Equipment shall not be removed from the play area.
- Only children from the ages of 0 years old - 7 years old may play in the play area.
- No FACE PAINT, party poppers or mess prone products inside the play area (i.e. glitter, slime, messy art, temporary tattoos/stickers, etc.)
- All sharp objects must be removed before entering the play area.
I, the Renter, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING Pepper Play, including but not limited to any risk that might arise from negligence or carelessness on the part of the persons or entities being released, because of their possible liability without fault, or from danger to any real or perceived exposure to COVID-19 virus through participation in this event and/or future events held by Pepper Play and not limited to outside events, but including events held inside the building of Pepper Play as well. I certify that I am physically well, I do not have any symptoms of COVID-19 and no qualified medical professional has advised me (us) to not participate or to stay home in quarantine or isolation. I certify that there are no health-related reasons or problems which preclude my participation in this activity, and or future events by Pepper Play.
I, the Renter, WAIVE, RELEASE, AND DISCHARGE, Pepper Play and their directors, officers, employees, volunteers, representatives, and agents from any and all liability, including but not limited to, liability arising from negligence or fault of the agents of Pepper Play or other participants of Pepper Play, for any real or perceived exposure to COVID-19, illness, death, disability, personal injury, property damage, or actions of any kind which hereafter occur to me at any time including during my (our) travel to and from this activity.
I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this Waiver and Release from Liability form from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise. I acknowledge that Pepper Play is NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting specific activity on their behalf and Pepper Play is not responsible for any real or perceived exposure to COVID-19.
I acknowledge that this activity may involve direct physical contact with individuals other than my (our) immediate family and/or household members. I acknowledge that I am attending Pepper Play of my (our) own free will and Pepper Play and their directors, officers, employees, volunteers, representatives, or agents did not force or compel me to attend. I acknowledge that I (we) have been and will again be in public places, businesses, and in the presence of individuals other than those in my (our) household before and after this Pepper Play event.
This waiver and release of liability shall remain in effect for the duration of my (our) participation in this initial Event and all subsequent Events. This Waiver and Release from Liability form shall also apply to all minors and persons in my (our) legal care, custody, and control attending Pepper Play events. This Waiver Release from Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible and governed by the laws of the State of California and supersedes any and all previous oral or written promises or agreements.
I acknowledge this Waiver and Release is reasonable, valid, and enforceable. However, if any term, covenant, condition, or provision of this Waiver and Release is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it is the intent of all parties that such provision is severable and the remainder of this Waiver and Release will in no way be affected, impaired, or invalidated as a result.