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PLAY TOON
ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

In acknowledgment of being granted permission by PLAY TOON INDOOR PLAYGROUND INC. (hereinafter referred to as "PLAY TOON") to engage in activities and utilize the equipment and facilities provided by PLAY TOON, both presently and in the future, I, the undersigned, representing myself, and if applicable, my child or dependent (referred to collectively as "I" or "Participant"), as well as my spouse, parents, heirs, estate, insurers, assigns, and if applicable, the parents, heirs, estate, insurers, and assigns of my child or dependent (together referred to as the "RELEASING PARTIES"), hereby consent to the following terms:

1. Acceptance of Inherent Risks and Dangers.

 I acknowledge, understand and agree that playgrounds and gyms designed for both adults and children inherently involve certain risks that cannot be entirely eliminated without compromising the fundamental nature of these activities, regardless of the precautions taken by PLAY TOON. Activities such as running, jumping, diving, and overall excitement (simply enjoying oneself) can expose individuals to typical risks such as minor cuts and bruises. However, there are also more serious risks involved. Participants, including children, may fall from equipment, sprain or break wrists and ankles, and sustain more severe injuries, including death. Engaging in activities like running (or walking), jumping, and bouncing on playground equipment carries inherent dangers and may result in serious injury or death, and participants must acknowledge and accept these risks at their own discretion. Additionally, the actions or negligence of other adults and children present at PLAY TOON's facilities, utilizing its equipment, and participating in its activities can also lead to injury or death for a participant. In the event of injury to myself, or if applicable, my child or dependent, any required medical assistance will be solely at my own expense. I affirm that my use of the PLAY TOON facilities and equipment, and if applicable, my child's or ward's, along with participation in the activities provided by PLAY TOON, is voluntary. I acknowledge that I/we willingly accept all inherent risks associated with such engagement and agree to restrict any potential claims, regardless of PLAY TOON's full or partial responsibility, as outlined in Paragraph 2 below.


2.Liability Limitation.

The Participant (and if applicable, my child or ward) acknowledges that irrespective of the actual or alleged cause of any injury, the liability of PLAY TOON, its agents, and employees, pertaining to participation in activities and utilization of equipment and facilities provided by PLAY TOON, arising from any negligent acts, errors, and/or omissions of PLAY TOON, its agents, and/or employees, is restricted to the total fees paid by the Participant to PLAY TOON for services rendered under this agreement.


3. Indemnification. 

The RELEASING PARTIES hereby consent to release, indemnify, and hold harmless PLAY TOON, its licensees, franchisees, owners, shareholders, members, partners, employees, directors, officers, managers, agents, volunteers, manufacturers, participants, lessors, affiliates, subsidiaries, related and affiliated entities, successors, and assigns (collectively referred to as the "RELEASED PARTIES"). This includes defending and covering any judgments, legal costs, and expenses, including attorney’s fees and other associated costs, resulting from claims brought forth by any or all of the RELEASING PARTIES due to death, injury, or loss suffered by myself, and if applicable, my child or ward, while using PLAY TOON facilities, equipment, participating in activities, or being present on PLAY TOON premises. These claims may arise from inherent risks associated with such activities or the ordinary negligence of the RELEASED PARTIES or third parties, including other attendees at PLAY TOON facilities. Additionally, the RELEASING PARTIES agree to indemnify the RELEASED PARTIES against any claims from co-participants, rescuers, or other individuals arising from my, and if applicable, my child's or ward's conduct while using PLAY TOON facilities, equipment, participating in activities, or being present on PLAY TOON premises.


4.Health and Medical Care.

I am (and, if applicable, my child or ward is) in good health and do not (and does not) have any specific health concerns. I give permission for myself and, if applicable, my child or ward, to receive emergency medical care from a licensed healthcare provider if necessary, and I agree to assume full responsibility for any related costs and expenses.


5. Photographs and Records. 

On behalf of myself, and if applicable, my child or ward, in exchange for the privilege of utilizing the PLAY TOON facilities, equipment, and participating in its activities, I hereby provide PLAY TOON, its parent company, and all affiliated licensees and entities with an irrevocable consent to photograph and/or record myself and, if applicable, my child or ward. These photographs and recordings may be utilized for various purposes, including advertising and promotional endeavors, across all media formats now known or discovered in the future, globally and perpetually, without any limitations or restrictions, and with the right to modify or edit such materials. I, on behalf of myself and, if applicable, my child or ward, waive any entitlement to review or endorse these photographs and any alterations made to them or their usage. Additionally, I acknowledge and agree, on behalf of myself and, if applicable, my child or ward, that these rights granted under this provision are without any form of compensation. All photographs and/or recordings are the exclusive property of PLAY TOON.


6. Mediation or Arbitration.

 I agree that in the event of any dispute arising from this Acceptance of Risk, Release, Waiver of Liability, and Indemnity Agreement, or from my, or if applicable, my child's or ward's utilization of PLAY TOON facilities and equipment, or participation in activities, and presence on PLAY TOON premises, I will first endeavor to resolve the matter through mediation in good faith. Any resulting agreement will be formalized through a written agreement at that time. If mediation fails to resolve the issue, I agree that all claims and disputes relating to this agreement or the use of PLAY TOON facilities, equipment, participation in activities, and presence on premises, whether by me or, if applicable, my child or ward, will be resolved through binding arbitration in the province of Saskatchewan. The arbitrator's decision or award will be provided in writing, including an explanation for all legal and factual conclusions. The arbitrator's award will contain a written statement outlining the essential findings and conclusions. The arbitrator will not have the authority to make errors of law or legal reasoning, and any such errors may result in the award being appealed to a court of competent jurisdiction for correction.


7.Severability.


Furthermore, I explicitly acknowledge that this Acceptance of Risk, Release, Waiver of Liability, and Indemnity Agreement aims to be as comprehensive and inclusive as allowed by the laws of the Province of Saskatchewan. Should any part of it be deemed invalid, it is understood and agreed upon that the remainder shall remain fully enforceable.


8.Choice of Law. 

This Agreement shall be interpreted and construed under and governed by the laws of the Province of Saskatchewan.


9. Acknowledgement of Understanding. 

I have thoroughly reviewed this Acceptance of Risk, Release, Waiver of Liability, and Indemnity Agreement and comprehend its provisions entirely. I acknowledge that by signing this agreement, I am relinquishing significant rights, including, if applicable, the rights of my child or ward, as well as the rights of the RELEASING PARTIES, to pursue legal action for damages in the event of death, injury, or loss. I understand that my signature on this Acceptance of Risk, Release, Waiver of Liability, and Indemnity Agreement is voluntary and unrestricted, and I affirm that I intend for this Agreement to serve as a comprehensive and unconditional release of the RELEASED PARTIES from all liability. This release encompasses any claims arising from inherent risks associated with the activities outlined herein, as well as any claims stemming from the ordinary negligence of the RELEASED PARTIES, to the maximum extent permitted by the laws of Saskatchewan.


10. Misrepresentation and Fraudulent Execution of This Agreement.

I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, ARISING FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS ACCEPTANCE OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT.


11. Application of this Agreement. I ACKNOWLEDGE THAT THIS ACCEPTANCE OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT WILL APPLY FOR EACH AND EVERY TIME I OR MY CHILD OR WARD ATTENDS PLAY TOON’S FACILITIES, USES ANY OF ITS EQUIPMENT OR FACILITIES OR PARTICIPATES IN ANY OF ITS ACTIVITIES.


12. References to “My Child and Ward”. 

All references in this Acceptance of Risk, Release and Waiver of Liability and Indemnity Agreement to “my child or ward” shall to refer to each and every child or ward listed below.


13. Complete Agreement. 

This Acceptance of Risk, Release and Waiver of Liability and Indemnity Agreement is the entire agreement and understanding of the RELEASING PARTIES and the RELEASED PARTIES with respect to the subject matter hereof and supersedes all prior agreements and understandings regarding the subject
Please read the below listed guidelines, your signature is an acknowledgement and agreement of all guidelines listed below:

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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#30, 331 - 60th Street East

Saskatoon SK, S7K8C9

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