IMPORTANT: RELEASE OF LIABILITY - READ CAREFULLY BEFORE SIGNING
This agreement affects your legal rights. By signing, you agree to the terms below for yourself and for each minor child included in your registration and/or accompanying you to Kids & Coffee, LLC (the “Company”).
1. Assumption of Risk
I understand that entry into and participation in any activity at Kids & Coffee, LLC involves inherent and unforeseeable risks. These risks include, without limitation: slips and falls; collisions with people or objects; contact with play structures, equipment, flooring, furniture, fixtures, doors, walls, railings, fences, partitions, gates, boundary elements, and other surfaces; choking hazards; strains, sprains, fractures, head injuries, and other serious injuries; exposure to food allergens; and exposure to communicable illnesses.
I understand that risks may result from my actions, the actions of my child(ren) or other guests, misuse of equipment or the premises, failure to follow rules, or conditions of the facility.
I VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, TO THE FULLEST EXTENT PERMITTED BY LAW.
2. Release and Waiver of Liability
In consideration of being permitted to enter, remain at, and use the Company’s facility, services, and equipment, I, for myself and on behalf of my child(ren), heirs, assigns, and personal representatives, hereby release, waive, discharge, and hold harmless Kids & Coffee, LLC and its owners, officers, managers, employees, agents, contractors, volunteers, affiliates, successors, assigns, and the property owner, landlord, and management company (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses arising out of or related to my or my child(ren)’s entry into or participation at the facility, including claims arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by California law.
This release includes, without limitation, claims for personal injury, illness, allergic reaction, property damage, emotional distress, and wrongful death, whether arising before, during, or after participation.
This release does not apply to claims arising from gross negligence or willful misconduct of a Released Party, as defined under California law.
3. Safety Rules, Restricted Areas, and Misuse of Structures
I agree to comply with all posted rules, safety signage, and verbal staff instructions. I understand compliance is a condition of entry and participation.
Designated Play Areas vs Non-Play Surfaces
“Designated Play Areas” are areas and equipment intended for play.
“Non-Play Surfaces” include any boundary, barrier, fence, railing, partition, divider, gate, wall, door, window ledge, staircase, landing, furniture, fixture, or any surface not expressly intended for play.
Prohibited Conduct (including but not limited to):
No running or diving.
No climbing on Non-Play Surfaces.
No climbing, standing, sitting, leaning over, or hanging from any fence, railing, partition, barrier, divider, gate, netting edge, or boundary element, including those attached to or surrounding play structures, unless expressly labeled or intended as a play feature.
No play on staircases, stair rails, landings, or adjacent walls. No jumping from stairs or elevated surfaces.
No rough play, pushing, wrestling, or intentional collisions.
Use equipment only as intended and only in Designated Play Areas.
I understand that misuse of the premises and failure to follow rules increases the risk of serious injury. I accept full responsibility for ensuring the minor(s) in my care follow these rules.
4. Supervision and Responsible Adult Duty
I understand that active, close adult supervision is required at all times unless the child is enrolled in a Company-approved supervised drop-off program. “Active supervision” includes remaining attentive, maintaining line-of-sight when feasible, staying near enough to intervene promptly, and preventing unsafe behavior, including climbing on Non-Play Surfaces, fences, railings, partitions, and boundary elements.
I accept full responsibility for the supervision, conduct, and safety of the minor(s) in my care while on the premises.
5. Staff Authority, Intervention, and Removal
I understand the Company may intervene at any time for safety, including directing a guest to stop an activity, limiting access to areas, relocating guests, or requiring a guest to leave the premises. Failure to comply with rules or staff instructions may result in removal without refund.
6. Health, Illness, and Hygiene
I represent that I and my child(ren) are in sufficient health to participate. I agree not to enter if I, my child(ren), or any household member has had fever, vomiting, diarrhea, or other contagious symptoms within the past 24 hours, or if otherwise advised to isolate. I understand the Company cannot eliminate the risk of exposure to communicable illness and I assume that risk.
7. Food, Drink, and Allergens
I understand outside food and beverages are not permitted except baby food, formula, or medically necessary items. I acknowledge the facility is not an allergen-free environment and allergens may be present in food, beverages, surfaces, or through other guests. I assume the risk of exposure and agree to take appropriate precautions.
8. Property and Personal Belongings
I understand the Company is not responsible for lost, stolen, or damaged personal property. I accept full responsibility for my and my child(ren)’s belongings.
9. Incident Reporting
I agree to report any injury, accident, or unsafe condition involving myself or my child(ren) to staff immediately and before leaving the premises. I understand timely reporting is important for response and documentation.
10. Emergency Care Authorization
If I or my child(ren) requires medical attention, I authorize the Company and its staff to provide reasonable first aid and to contact emergency medical services. I authorize the Company to call 911 and, if necessary, arrange transport for emergency care. I understand I am solely responsible for any medical costs incurred.
11. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) my or my child(ren)’s acts or omissions; (b) violation of facility rules or staff instructions; (c) misuse of the premises, including climbing or jumping on or from Non-Play Surfaces, fences, railings, partitions, barriers, gates, staircases, walls, fixtures, furniture, or boundary elements; (d) entry into restricted areas; (e) damage to property caused by me or my child(ren); or (f) my breach of this agreement.
12. Media Release
I grant permission to the Company to photograph, video record, or otherwise capture my and/or my child(ren)’s likeness while on the premises, and to use such media for business purposes including marketing, advertising, and social media, without compensation.
13. Non-Disparagement Clause
I agree that I, on behalf of myself and any accompanying guests, will not make, post, or publish any false, misleading, or defamatory statements, verbally, in writing, or online, about Kids & Coffee, LLC, its owners, employees, or services. This includes statements made on social media platforms, review sites, or other public forums.
Nothing in this clause restricts me from expressing opinions or experiences that are truthful, made in good faith, or otherwise protected under applicable law, or from filing a complaint with a government agency or participating in an investigation as permitted by law.
I acknowledge that any breach of this provision may cause reputational harm to the Company and that Kids & Coffee reserves the right to pursue lawful remedies as permitted by law.
14. Covenant Not to Sue
I agree not to initiate or participate in any lawsuit, claim, or legal action against any Released Party for any claim released by this agreement. If I breach this covenant, I agree to reimburse the Released Parties for reasonable attorneys’ fees and costs incurred in defending against any released claim, to the extent permitted by law.
15. California Civil Code Section 1542 Waiver
I expressly waive the protections of California Civil Code Section 1542, which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
I understand and acknowledge the significance of this waiver.
16. Authority to Sign for Minors and Responsible Adult
I represent and warrant that I am an adult (18+) with the legal authority and/or permission of the minor child(ren)’s parent or legal guardian to bring the minor child(ren) to the facility and to execute this agreement on the minor child(ren)’s behalf. This includes, without limitation, a parent, legal guardian, grandparent, nanny, babysitter, family member, or other adult caregiver.
I understand the Company does not verify custody or guardianship status. By signing, I agree this waiver and release applies to each minor child in my care and/or included in my registration.
If I do not have the authority described above, I agree to indemnify and hold harmless the Released Parties from any claims, demands, or disputes (including reasonable attorneys’ fees) arising out of or related to my lack of authority or any challenge to this agreement.
17. Governing Law, Venue, and Entire Agreement
This agreement is governed by the laws of the State of California. Any dispute not barred by this waiver shall be brought exclusively in the state or federal courts located in San Diego County, California, and I consent to personal jurisdiction and venue there.
This agreement constitutes the entire agreement regarding liability, risk, and participation and supersedes any prior discussions or representations. No amendment is valid unless in writing by the Company.
18. Severability
If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
19. Acknowledgment and Signature
I certify that I am at least 18 years of age. I have read and understand this agreement. I understand I am giving up substantial rights, including the right to sue for ordinary negligence. I sign voluntarily and intend to be legally bound.
