RELEASE OF LIABILITY
In consideration for being permitted to participate in indoor play activities hosted by The Tot Loft, located at 494 US HWY 70 West, Havelock, NC 28532, and/or for the use of The Tot Loft’s premises, services, and facilities, I hereby agree on behalf of myself and, if applicable, my minor children or family members, to the following terms:
1. COMPLIANCE WITH RULES
I acknowledge and agree to comply with all posted signage, safety instructions, and verbal directions given by The Tot Loft staff, employees, and authorized representatives at all times while on the premises.
2. ACKNOWLEDGMENT OF RISK AND RELEASE OF CLAIMS
I fully understand and accept that participating in indoor play activities involves inherent risks, which may include physical injury, property damage, or other unforeseen hazards. I voluntarily accept all risks for myself and, if applicable, my family members, and release and hold harmless The Tot Loft, its owners, staff, and agents from any claims, demands, or liabilities arising out of participation or presence on the premises, whether caused by my own actions, those of my family, other participants, or third parties.
3. INDEMNITY AGREEMENT
I agree to indemnify and defend The Tot Loft against any claims, actions, losses, damages, expenses, or legal fees, including attorney costs, resulting from my or my family’s participation or presence at The Tot Loft.
4. RESPONSIBILITY FOR DAMAGES
I agree to take financial responsibility for any damage to The Tot Loft’s property or facilities caused by any negligent, reckless, or intentional actions by myself or my family members.
5. PARENTAL CONSENT
If I am signing on behalf of minor children, I confirm that I am the legal guardian with the authority to provide consent. I grant permission for the minors listed on this form to participate in indoor play activities and agree to be bound by all terms of this agreement on their behalf.
6. GOVERNING LAW
This agreement will be governed and interpreted in accordance with the laws of the State of North Carolina, and any legal proceedings shall be conducted within this jurisdiction.
7. VOLUNTARY AGREEMENT
I affirm that I am signing this agreement freely and voluntarily, without coercion or pressure. I have had the opportunity to read, consider, and consult legal counsel before signing. I also understand I may request a refund of any paid fees if I choose not to sign this waiver.
8. NEUTRAL INTERPRETATION
This document is a product of mutual agreement between the parties. In the event of any ambiguity, the agreement shall not be interpreted in favor of or against any party based on who drafted it.
9. SEVERABILITY CLAUSE
If any part of this agreement is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10. DISPUTE RESOLUTION
In the event of any disagreement arising from participation or use of The Tot Loft’s facilities, both parties agree to first attempt to resolve the matter amicably. If a resolution cannot be reached, the parties will submit the matter to mediation in accordance with applicable North Carolina mediation statutes. Should mediation fail, further legal remedies may be pursued as permitted by law.
