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Confetti Kids Club Waiver

CONFETTI KIDS CLUB ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of being permitted by Confetti Kids Club (herein referred to as "CKC") to participate in the activities and to use the equipment and facilities of CKC, now and in the future, I, the undersigned, on behalf of myself, (and if applicable) my child or ward (both of us hereinafter referred to as "I", or "Participant"), my spouse, parents, heirs, estate, insurers, and assigns, and if applicable, the parents, heirs, estate, insurers, and assigns of my child or ward (collectively, the "RELEASING PARTIES") hereby agree as follows:
1. Assumption of Inherent Risks and Dangers: I acknowledge and agree that playgrounds and gyms for adults and children entail certain risks that cannot be eliminated without jeopardizing the essential qualities of the activities. I understand that the use of CKC facilities and equipment involves inherent risks of injury, disability, death, and/or property damage. I acknowledge that such risks include, but are not limited to, cuts, bruises, falls, sprains, and more serious injuries. I voluntarily assume all inherent risks and agree that this waiver does not extend to claims for gross negligence, recklessness, intentional torts, or any other liabilities that Utah law does not permit to be released by agreement.
2. Parent/Guardian Responsibilities: I agree that I am responsible for my minor
child’s/ward’s conduct and activities at Confetti Kids Club, ensuring compliance with all
established rules, protocols, and directions of CKC staff. If my child/ward has special
needs or a disability, I agree to supervise and ensure their participation in activities
within their capabilities.
3. Indemnification: I (the RELEASING PARTIES) hereby agree to release, hold harmless, defend, and indemnify Confetti Kids Club and its affiliated entities (the "RELEASED PARTIES") from any and all claims arising from my or my child’s/ward’s use of CKC facilities, equipment, participation in activities, and related presence on the premises, including those arising from inherent risks, negligence, or the acts of other participants.
4. Health and Medical Care: I affirm that I and, if applicable, my child or ward, are in good health. I authorize emergency medical care and agree to be responsible for associated costs. I acknowledge that the RELEASED PARTIES have no duty or liability related to the provision of medical treatment.
5. Photographs and Records: I grant CKC the irrevocable right to photograph and/or
record me and, if applicable, my child or ward, for advertising and promotional
purposes. I waive any right to inspect or approve such photographs and recordings.
6. Mediation or Arbitration: Any dispute shall be first mediated in good faith. If unresolved, disputes will be settled by binding arbitration in Utah, conducted confidentially under the Commercial Arbitration Rules of the American Arbitration Association.
7. Severability: I agree that if any portion of this agreement is held invalid, the balance
shall continue in full force and effect.
8. Choice of Law: This Agreement shall be interpreted and construed under the laws of the State of Utah.
9. Acknowledgement of Understanding: I have read and fully understand this agreement, acknowledging that I am giving up substantial rights voluntarily. I sign this agreement freely and intend it as a complete and unconditional release of the RELEASED PARTIES' liability.
10. Misrepresentation and Fraudulent Execution: I agree to indemnify the RELEASED
PARTIES for liability and claims arising from any misrepresentations or fraudulent execution of this agreement.
11. Application of this Agreement: This agreement applies each time I or my child or ward attends CKC's facilities, uses its equipment, or participates in its activities.
12. References to “My Child and Ward”: All references to "my child or ward" refer to each child or ward listed below.
13. Complete Agreement: This agreement is the entire agreement between the RELEASING PARTIES and the RELEASED PARTIES, supersedes all prior agreements, and is binding upon all parties.
I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I AND/OR MY CHILD (CHILDREN) OR WARD(S) MAY OTHERWISE HAVE.

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