I, the undersigned, hereby represent and certify that I am the parent or guardian(s) of the child(ren) listed
below and I am at least eighteen (18) years of old. I certify that I have the legal authority to act on behalf of
the child(ren) listed below and on behalf of the parent(s) or person(s) with legal custody over the child(ren)
listed below. I represent, acknowledge, and agree to the following:
- I authorize the participation of the child(ren) in the recreational activities offered by DC Kids Club
LLC (T/A.: Magic Ground). I understand the participation in games and use of play-sets and equipment
involves a high risk of accident and injuries that despite DC Kids Club LLC (T/A.: Magic Ground) efforts to
minimize them, they cannot be eliminated.
- I understand that though the indoor playground there are pieces of furniture, equipment and
fixtures capable of causing injury and no staff member is watching over the children as to prevent an
accident from happening. Staff members can respond to an accident or event within reasonable time, but
cannot warrant or ensure that an accident will not occur. I understand that Magic Ground is an indoor
playground open to the general public and other children are frequently the cause of accidents and Magic
Ground does not have the means to prevent accidents and thus will not be responsible by accident cause
by other children using the playground. I understand and acknowledge that I am fully aware and assume
the risks arising from the children's participation, which include risk of personal property losses or
damages, personal injury, and even death.
- I acknowledge that it is my sole responsibility to ensure the child(ren) participates only in those
activities for which he/she/they has(have) the required minimum age as well as the necessary knowledge,
skills, training, and fitness. I understand that DC Kids Club LLC (T/A.: Magic Ground) does not screen what
children meet the requirements to participate in any given game or use any given equipment and is the
parent or guardian responsibility to read specific rules and assess the implicit risk of participation. DC Kids
Club LLC (T/A.: Magic Ground) shall not be responsible for medical costs or any other concept of damage
or compensation.
- Knowing there are various and serious risks, I agree, personally and on behalf of the minor(s) listed
below, to participate and allow them to participate assuming all risks and responsibilities involved in the
use of facilities at Magic Ground. DC Kids Club LLC (T/A.: Magic Ground) is hereby fully released from all
liabilities arising from any incident, accident or event occurred as result of the minor(s) participation in
games, events and/or use of the facilities, unless the injury, damage, or loss is the direct consequence of
the gross negligence or malicious act of one of our employees or officers. I understand that such gross
negligence or malicious action is and will not be presumed to assess responsibility, and such gross
negligence or malicious action must be the direct and efficient cause of the injury, damage or loss.
- In case of injury, damage, loss or death caused by the gross negligence or malicious act of an staff
member or officer of Magic Ground, you agree that DC Kids Club LLC has limited liability and responsibility
that caps or limits any compensation to the maximum effective coverage provided by our insurance policy
or $100,000, whichever is higher. In any event, the person claiming damages must show with clear and
convincing evidence that the damage was the direct consequence of a wrongful, grossly negligent and/or
malicious act of an staff member , employee, or officer of DC Kids Club, LLC. Given the limited liability and
cap to the responsibility in such cases of DC Kids Club, LLC, I understand that any action and recovery will
be capped or limited to $ 100,000 or the maximum coverage afforded by the insurance policy maintained
by DC Kids Club, LLC, whichever is higher. I understand that such limit to the civil liability and responsibility
might be significantly lower than the damage suffered and the compensation that any court could order in
the absence of this limited liability clause.
- To the maximum extent permitted by law, you as parent or guardian or an authorized adult acting
on behalf of the parents or guardians shall hold harmless and agree to indemnify DC Kids Club LLC (T/A.:
Magic Ground), its employees and agents, against any present or future claims, cause of action, loss or
liability for damage to persons or property, that could be the direct, indirect, or incidental result of the
child(ren) participation and/or use of the facilities, unless the injury, damage, or loss is the direct
consequence of a grossly negligent or malicious act of one our employees or officers.
- By executing this waiver and agreement to a limited liability, I assume the risks and take full
responsibility for looking after the child(ren) while inside DC Kids Club LLC (T/A.: Magic Ground). I waive all
and any claims of personal property damages, personal injury, death, or any other claim of damage
associated or related to use of the facilities or participation in activities or events organized by DC Kids
Club LLC (T/A.: Magic Ground) or by third party users, patrons, or customers unless a staff member,
employee or officer of Dc Kids Club is found grossly negligent or wrongful (culpable of a malicious act or
omission) and said action or omission is the direct and efficient cause of the damage or loss.
- I understand and confirm that by signing this Assumption of Risk, Release and Limited Liability Form
I am irrevocably renouncing important legal rights and limiting the ability to recover in case of an injury,
damage or loss. I am at least eighteen years of age or older and have read carefully and freely signed this
Assumption of Risk, Release and Limited Liability Agreement. My signature is proof of my decision to grant
a full and unconditional waiver and to limit the liability of DC Kids Club as specified herein.
- I agree that during the first ten (10) minutes after admission, I will have the duty and opportunity to
visit, observe, and inspect all areas of Magic Ground for safety concerns. Within such time (10 minutes)
and without objection from the park management, I have the right to abandon the facility and entitled to a
full refund of the admission fee effectively paid. Allowing your children to play in the facility before you
complete the observation and inspection constitutes a tacit renunciation to your right to obtain a refund
of the admission fee. By allowing your children to play in the facility or by remaining in the facility after
the ten (10) minute period of observation and inspection, you are declaring and representing that the
facilities are safe to play and free of hazards that could be detected by a diligent person throughout a
careful observation in a ten minute window.
- I understand and agree that no oral or written statement can modify the content of this document.
I agree that this agreement is governed by the laws of the District of Columbia.