WAIVER AND RELEASE OF LIABILITY & INDEMNITY
In consideration of being permitted to enter and use the premises, facilities, equipment, attractions, and services operated by 10231844 Manitoba Inc./KidoKad Indoor Playground (the “Facility”), I, the undersigned participant or parent/legal guardian of the participant(s)/minors/child(ren), agree as follows:
1. ASSUMPTION OF RISK: I acknowledge that participation in indoor playground activities at Unit3, 1727 Kenaston Blvd, Winnipeg, MB, including but not limited to climbing, sliding, jumping, running, soft play, role-play areas, virtual reality experiences, birthday parties, and group activities (collectively, the “Activities”), involves inherent and unpredictable risks. These risks may include falls, collisions, strains, cuts, illness, equipment failure, or other injuries, including serious injury or death.
I voluntarily and knowingly assume all risks, whether known or unknown, foreseeable or unforeseeable, associated with participation in the Activities, even if arising from the negligence of the Facility or the Released Parties (defined below).
2. RELEASE AND WAIVER OF LIABILITY: To the fullest extent permitted by law, I hereby release, waive, and forever discharge 10231844 Manitoba Inc./KidoKad Indoor Playground, its owners, directors, officers, employees, contractors, volunteers, agents, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, actions, damages, losses, costs, or liabilities arising from or related to participation in the Activities or presence at the Facility, including those resulting from negligence, breach of duty, or occupiers’ liability. This release expressly includes, without limitation, any duty of care owed under The Occupiers’ Liability Act (Manitoba) or any successor or similar legislation.
3. INDEMNIFICATION: I agree to defend, indemnify, and hold harmless the Released Parties from any claims, losses, damages, legal fees, or expenses arising from my participation or the participation of any minor(s) listed in this form under my care, including claims brought by third parties.
4. RULES & REMOVAL: I agree to comply, and ensure that any minor participant(s) comply, with all posted rules, verbal instructions, and safety guidelines. The Facility reserves the right to deny or discontinue participation to any person whose conduct is deemed unsafe or disruptive, without refund.
6. SECURITY CAMERAS: I acknowledge that video surveillance cameras operate within and around the Facility for safety and operational purposes, and footage may be reviewed in the event of an incident.
5. MEDICAL AUTHORIZATION: In the event of injury or medical emergency, I authorize the Facility and its representatives to obtain or arrange for emergency medical care for myself or any minor participant(s) under my care when I am not immediately available to provide consent. I acknowledge and agree that I am solely responsible for any and all medical costs incurred as a result of such treatment.
8. MINORS & PARENTAL CERTIFICATION: I certify that I am the parent or legal guardian of the minor participant(s) listed in this form and have full authority to execute this agreement on their behalf. I understand that this agreement waives legal rights of the minor participant(s).
9. GOVERNING LAW & JURISDICTION: This agreement shall be governed by the laws of the Province of Manitoba and the federal laws of Canada, and any disputes shall be resolved exclusively in Manitoba courts.
10. SEVERABILITY & BINDING EFFECT: If any portion of this agreement is found unenforceable, the remaining provisions shall remain in full force. This agreement is binding upon my heirs, executors, administrators, and assigns. This agreement shall apply to all current and future visits to the Facility unless revoked in writing by the Facility. It is binding upon me, the minor participant(s), and our respective heirs, executors, administrators, and assigns.
11. ELECTRONIC SIGNATURE: This agreement may be signed electronically and shall be deemed legally valid and enforceable.
I CONFIRM THAT I AM AT LEAST EIGHTEEN (18) YEARS OLD AND FULLY COMPETENT, AND I HAVE READ, UNDERSTOOD, AND VOLUNTARILY (WITHOUT INDUCEMENT) AGREE TO THIS WAIVER.