AboutPlay, LLC.
Waiver of Liability, Assumption of Risks, Release and Indemnity
READ BEFORE SIGNING
This is a binding legal document. The purpose of this document is to exempt, waive, and relieve Releasees, defined below, from liability for personal injury,
property damage, wrongful death -- or other claims that may result from my being a participant in the activities of AboutPlay, LLC, an Occupational Therapy
company and facility based at 1341 Moreland Avenue SE, Suite 3200, Atlanta, GA 30316.
In consideration of being permitted to participate in any way in the activities at AboutPlay, LLC, or to utilize equipment provided by AboutPlay, LLC and
having voluntarily elected to participate, I as Participant (and as parent(s) or guardian(s) of a Participant who is a minor, if applicable,) covenant and agree as
follows:
1.1 APPRECIATION OF RISKS. I comprehend and appreciate that there are foreseeable and unforeseeable inherent dangers and risks of harm involved in the
activities of AboutPlay, LLC. I acknowledge that the activities are physically and mentally intense. I fully understand and acknowledge that: (a) risks and
dangers exist in my use of AboutPlay, LLC, equipment and my participation in AboutPlay, LLC activities; (b) my participation in such activities and/or use of
such equipment may result in my injury or illness including but not limited to bodily injury or personal injury (whether physical/emotional and/or psychiatric
or any combination thereof), disease strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death, wrongful death, loss
of consortium, property damage and/or breach of contract, or any other damage or other ailments that could cause serious disability; (c) my participation in
such activities and/or use of such equipment may also result in loss, damage, or destruction of my personal property; (d) These risks and dangers may be
caused by the negligence of the owners, employees, officers or agents of AboutPlay, LLC.; the negligence of the participants, the negligence of others,
accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes; and (e) by my
participation in these activities and/or use of the equipment, I (and as parent(s) or guardian(s) of a participant who is a minor, if applicable) hereby assume all
risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners,
agents, officers, employees of AboutPlay, LLC, or by all other person. I further acknowledge and understand that included within the scope of this waiver and
release is any claim or cause of action arising from the performance, or failure to perform, of any maintenance, inspection, supervision or control of said
equipment, for failure to maintain or inspect equipment supplied to me, for negligent selection or retention of certain Releasees, or negligent supervision or
instruction by Releasees.
1.2 RELEASE AND DISCHARGE. I (and as parent(s) or guardian(s) of a Participant who is a minor, if applicable), herby release, discharge and hold harmless
the Releasees from and against any and all claims, liability and/or causes of actions I may have or that may be made on my behalf or by my spouse, children,
heirs and legal representatives, for bodily injury or personal injury (whether physical, emotional and/or psychiatric or any combination thereof), disease strains,
fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack~ death, wrongful death, loss of consortium) property damage, and/or
breach of contract or any other damage or other ailments that could cause serious disability, occasioned by, arising out of, or incidental to my participation in
the activities of AboutPlay, LLC, whether or not resulting from or caused by negligence by, of and/of in the part of Releasees.
1.3 INDEMNITY. I shall defend, indemnify and save harmless Releasees from any and all claims, actions suits, procedures, costs, expenses, damages and
liabilities, including attorney's fees brought as a result of my participation (or that of my minor participant, if applicable) and to reimburse them for any such
expenses incurred. I agree that this agreement may be pleaded as a bar to any action, suit or proceedings taken at any time against any Releasee by me (or on
behalf of my minor Participant, if applicable).
1.4 SEVERABILITY. I (and as parent(s) or guardian(s) of a Participant who is a minor, if applicable), further expressly agree that the foregoing waiver,
assumption of risks, release and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Georgia and if any
portion thereof is held invalid, it is agreed that balance shall, notwithstanding, continue in full force and effect.
1.5 BINDING ON SUCCESSORS. This agreement binds the heirs, administrators, executors, personal representatives, dependents, and successors of the
Participant and ensures the benefit of AboutPlay, LLC and its successors and assigns.
1.6 DEFINITIONS.
(1) Releasees are AboutPlay, LLC: its principals, directors, officers and employees, and all of its agents, representatives, affiliates, suppliers, or distributors.
1.7 If Participant is under the age of 18 years~
I have read and agree to the terms set forth above in the WAIVER OF LIABILITY, ASSUMPTION OF RISKS, RELEASE AND INDEMNITY
AGREEMENT. Furthermore, I permit my dependent to participate in the activities of AboutPlay, LLC, under the terms of the foregoing agreement.
(2) Participant is the individual who is engaged in the activities of AboutPlay, LLC identified by Participant's NAME, ADDRESS, and TELEPHONE
NUMBER as submitted at the end of this form. For any Participant who is under the age of eighteen years, Participant includes the Participant’s parents,
guardian, or legal representatives.
By typing your name below, you are allowing this to represent your signature, and consenting to the above terms.