In consideration for being permitted in the Kids Dig Facility and the related activities (collectively, “Activities”) conducted by and at Kids Dig, Inc.
ASSUMPTION OF RISK: I agree that on behalf of myself and my child/ward (collectively, the “Participants”), I am voluntarily permitting the Participants to participate in Activities offered by Kids Dig including, but not limited to, the use of the sandbox(es), toys, equipment, facilities and the premises. I am assuming on behalf of all of the undersigned Participants, all risk of personal injury, death, or disability to Participants that may result from participation, or any damage, loss or theft of any personal property which Participants may incur. I understand that the Kids Dig facility has structures, equipment, play structures, sand, other equipment and materials (collectively “Kids Dig Facility”) that may have inherent risks. Further, I have explained these risks and the posted Kids Dig Sandbox Rules to the Participants.
RELEASE OF LIABILITY: I understand that Participants will be engaging in recreational activities within the meaning of C.R.S § 13-22-107 while using the Kids Dig Facility and it is my voluntary and informed decision to release any future lawsuits or claims that they may have against Kids Dig, its owners, officers, directors, designers, employees, agents, attorneys and other representatives (collectively “Kids Dig Parties”). Therefore, I agree on behalf of Participants and our personal representative, successors, heirs, and assigns to hold Kids Digs Parties, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment comprising the Kids Dig Facility harmless from any and all claims or causes of action arising out of Participants use of the Kids Dig Facility.
I expressly release and forever discharge Kids Digs Parties from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury, or death to Participants, while participating in any of the activities offered at the Kids Dig Facility. This Includes, without limitation, use of sandboxes, sandbox equipment, toys, receiving instruction and any other activities in and around the Kids Dig Facility. This release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of any of the Kids Digs Parties or from any other cause. This Waiver and Release of Liability includes, without limitation, injuries, or accidents, which may occur as a result of the:(a) use or misuse of the Kids Dig Facility in any way by anyone, (b) use of any equipment that malfunctions or breaks, (c) improper maintenance of the facility, grounds, or any equipment, (d) instruction or supervision, or (e) slipping, tripping and /or falling while in the facility or on the surrounding premises. This Release of Liability also expressly Includes a release for any and all claims arising out of or under the Colorado Premises Liability Act (C.R.S §13-21-115).
I further grant Kids Dig, Inc., the right to photograph, videotape, and/or record of any of the Participants and to use Participants' name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF PARTICIPANTS TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST KIDS DIG PARTIES SHOULD ANY CLAIM BE MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEYS’ FEES AND DEFENSE COSTS INCURRED BY KIDS DIG PARTIES, IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM.
This Release and Waiver is made in accordance with C.R.S. § 13-22-107. I have read the above, considered its effects, understand its content, and agree, on behalf of myself and my child/ward, to the terms as stated above. This agreement specifically contains an indemnity agreement whereby I agree to reimburse the Kids Digs Parties against any damages (including attorney's fees and costs) incurred as a result of any lawsuit, claim, or action brought by Participants, or any other party, related in any way to Participants' use of the Kids Dig Facility. I further understand that no person has permission to use the Kids Dig Facility without an effective and validly signed Release and Parental/Guardian Waiver of Liability.
I understand that I am voluntarily giving up my and or the Participants’ right to bring a lawsuit or claim against the above-mentioned Kids Digs Parties. I further understand and accept the above risks related to these activities.