Customer Liability Waiver & Release Agreement
Rain or Sun Indoor Fun Inc
662 SR 50, Clermont, FL 34711
This Waiver and Release Agreement (“Agreement”) is entered into by and between Rain or Sun Indoor Fun Inc, its owners, officers, directors, employees, representatives, agents, volunteers, and affiliates
(collectively referred to as “the Company”), and the undersigned adult participant and/or the legal parent or guardian of a participating minor child (collectively referred to as “Participant”). By entering the premises or permitting a minor child to do so, Participant agrees to the terms below.
1) Description of Activities and Assumption of Risk
Participant acknowledges that the Company operates an indoor playground and café located at 662 SR 50, Clermont, FL 34711 (“Premises”). Activities may include, but are not limited to, climbing, sliding, running, jumping, playing on equipment, and interacting with other children and adults, as well as movement within café and common areas. Participant understands these activities involve inherent risks including falls, collisions, slips, exposure to food and beverages (including hot drinks), exposure to illness or germs, injury to person or property, emotional distress, and in rare circumstances serious injury or death. Participant voluntarily assumes all risks, known and unknown, including those arising from the ordinary negligence of the Company.
2) Release of Liability
Participant, on behalf of themselves, their minor child(ren), and their heirs, assigns, administrators, executors, and representatives, hereby releases, waives, and discharges the Company from any and all claims, demands, actions, damages, costs, or causes of action arising out of or related to
participation or presence on the Premises, including claims arising from the ordinary negligence of the Company. This release does not apply to claims based on gross negligence or intentional misconduct.
3) Indemnification
Participant agrees to indemnify and hold harmless the Company from any liability, loss, claim, or expense, including reasonable attorneys’ fees, arising out of participation in activities on the Premises by Participant or the minor child(ren).
4) Supervision and Childcare
Participant understands that parents and guardians are solely responsible for supervising their children at all times. The Company does not provide childcare. Drop-off is not permitted. Staff presence does not replace parental supervision.
5) Health and Illness Policy
For the safety of guests and staff, any person showing signs of illness (including fever, vomiting, rash, or respiratory symptoms) may be refused entry or asked to leave. Participant acknowledges the risk of exposure to contagious illness and voluntarily assumes this risk.
6) Café and Hot Beverage Risk
Participant acknowledges the presence of hot beverages and food items and assumes all associated risks including burns or allergic reactions.
7) Personal Property
The Company is not responsible for lost, stolen, or damaged personal property.
8) Rules and Right to Refuse Service
Participant agrees to comply with all posted rules and staff instructions. The Company may remove any guest engaging in unsafe or disruptive behavior without refund. Birthday parties or similar gatherings are prohibited during open play hours and require prior reservation.
9) Medical Authorization
Participant authorizes the Company to obtain emergency medical care for themselves or their child(ren) if necessary and agrees to be financially responsible for any resulting services.
10) Duration
This Agreement applies to all current and future visits by Participant and the listed minor child(ren).
11) Severability and Governing Law
If any provision is found invalid, the remaining provisions remain enforceable. This Agreement shall be governed by the laws of the State of Florida.