Sign Your Form and Jump Right in

I, the undersigned, acting both for myself individually and in my capacity as the parent or legal guardian of the minor child(ren) whose name(s) is/are set forth below (each referred to as a “Participant” and collectively as the “Participants”), and in consideration of myself and the Participants being permitted to enter or use the Facilities (as defined below) and to participate in the Activities (as defined below) offered or conducted by Kidtopia, a Harmony, Pennsylvania company (hereinafter "Kidtopia"), voluntarily enter into this Participation Agreement, Liability Waiver, and Hold Harmless Agreement (this “Agreement”) and hereby agree as follows:

1. Facilities: Facilities shall be defined to include both the interior or exterior areas of any business location owned, leased, managed, or operated by Kidtopia, whether now in existence or opened in the future, including by way of example and not limitation, snack bars, play areas, common areas, restrooms, walkways, and parking lots.

2. Activities – Activities shall be defined as any or all of the various products, activities, and services offered or made available to the participants, or to their parent(s) or legal guardian(s), by Kidtopia, an indoor playground and café, at any of its Facilities.

3. For the sake of brevity, and for all purposes of this Agreement, each and every reference in this Agreement to Kidtopia shall include by extension, and without limitation, its owners, officers, managers, members, directors, principals, parent entities, subsidiary entities, affiliated entities, volunteers, employees, agents, representatives, attorneys, independent contractors, insurers, facilities operators, landlords, and/or facilities owners of whatever nature, together with their respective heirs, representatives, beneficiaries, insurers, successors, and assigns.

4. I understand that Kidtopia is not responsible for supervising participants who enter or use the facilities or participate in the activities, and that it is my responsibility to supervise any participants I bring into the facilities or allow to participate in the activities.

5. I and the participants understand and agree to comply with all safety rules, policies, and play guidelines as outlined here. I acknowledge that these rules, policies, and guidelines may change without notice and that I am solely responsible for reading them and for being familiar with them prior to allowing the participants to enter the facilities or participate in the activities.

6. An inherent risk of exposure to communicable or contagious diseases, including but not limited to COVID-19, exists in any public place where people are present. BY VISITING KIDTOPIA, BOTH I AND THE PARTICIPANTS VOLUNTARILY ASSUME ALL RISKS OF EXPOSURE TO COMMUNICABLE OR CONTAGIOUS DISEASES OF ANY AND EVERY NATURE AND KIND.

7. ASSUMPTION OF RISK OF PHYSICAL INJURY – I understand that the activities entail the risk of severe bodily injury to the participants. Injuries that could result may vary but may include, by way of example and not limitation, (a) minor injuries such as scratches, bruises, and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries, and concussions; and (c) catastrophic injuries, including paralysis and even death. I understand that Kidtopia cannot eliminate all risks or guarantee the safety of the participants while participants use the facilities or participate in the activities. I have made my own investigation of these risks, understand these risks, and assume them knowingly and willingly on behalf of myself and the participants. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and the participants, and our respective heirs, personal representatives, beneficiaries, insurers, successors, and assigns, hereby understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any illness, sickness, injury, or death of any and every kind or nature whatsoever, arising out of or in any way related to the facilities or the activities.

8. RELEASE, DISCHARGE & AGREEMENT NOT TO SUE - I, acting for myself and the Participants and our respective heirs, personal representatives, beneficiaries, insurers, successors, and assigns, do hereby release, discharge, and agree not to sue Kidtopia for any illness, sickness, injury to, or death of any Participant arising, directly or indirectly, from participation in the Activities or use of the Facilities, or from any act or omission of Kidtopia relating in any way to the Activities or the Facilities. This release, discharge, and covenant not to sue shall relate to any and all claims or legal rights now existing or arising in the future, including claims and legal rights arising out of any negligence, act, or omission of Kidtopia and any other breach of any legal duty arising out of common law, statute, contract, or otherwise.