WEE PLAY SANTA ROSA WAIVER
Waiver of Liability / Rules and Regulations
-PLEASE READ AND SIGN FORM BELOW-
This is a legal document between the client "the renter" and "Wee Play Santa Rosa" which affects your legal rights, so please read carefully.
Actions can signal the acceptance of a contract just as readily as words or a signature can. Payment of the Invoice serves as your agreement to adhere to and be bound to this contract, as a contract of exchange has been established by way of payment.
The renter desires to rent from Wee Play Santa Rosa equipment to be used by the renter, his/her guests, invites or other individuals while in renter's possession. Renter understands that use of this soft play equipment may, by its nature cause injury or harm to renter, his/her guests, invites or other individuals.
The renter does hereby freely, voluntarily, and without duress executes this release under the following terms:
Waiver and Release: Renter understands and acknowledges that this release discharges Wee Play Santa Rosa from any liability or claim that the renter may have against Wee Play Santa Rosa and affiliates with respect to any bodily injury, personal injury, illness, death, or property damage that may result from the renters use and possession of Wee Play Santa Rosa equipment. Renter does hereby release and forever discharges and hold harmless Wee Play Santa Rosa and its successors and assigns from any and all liability claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from renters possession and use of Wee Play Santa Rosa equipment.
Insurance: Renter understands that insurance for liability, health, and medical or disability coverage in any way related to the rental of equipment under this agreement is the sole responsibility of Renter.
Indemnification: Renter/Client agrees that he/she will indemnify and hold Wee Play Santa Rosa harmless from any liability resulting from the use of Wee Play Santa Rosa equipment by renter, his/hers assigns, heirs, guests, invites or other individuals utilizing the equipment while in renter's possession.
Other: Renter expressly agrees that this release is intended to be as broad and inclusive as permitted by laws of the state of California and that this release shall by governed and interpreted in accordance with the laws of the state of California. Renter agrees that in the event that any clause or provisions of this release shall not otherwise affect the remaining provisions of this release, which shall continue to be enforceable.
By signing below I forfeit all rights to bring a suit against Wee Play Santa Rosa and affiliates for any reason. In return, I will also make every effort to obey safety precautions as listed in within and explained to me verbally, in efforts to keep the Wee Play Santa Rosa experience positive, I have heard the safety rules and understand that I will ask for clarifications when needed.
Safety procedures/ Play Rules:
PLAY AT YOUR OWN RISK
Children must be supervised by an adult (18 yr old)/parent/guardian while in play area.
NO shoes, sneakers, high heels, flip flops, or sandals are allowed on mats (play area). SOCKS MUST BE WORN AT ALL TIMES!
NO food, drinks or sweets, or gum allowed in play area
NO running in play area
NO diving or throwing balls out of ball pit
NO equipment should be removed from within play area
No uneven size difference of players
NO shoving, pushing, wrestling, piling or rough play in play area.
Play areas are designed for children under 5 years ONLY.
No paint or stain/mess-prone (i.e., glitter, slime, messy arty, temporary tattoos, face paint etc.) substances are allowed in soft play areas
No more than the recommended amount of players on unit at any time
All sharp objects must be removed before play (including pens, pencils, jewelry, knives, eyeglasses, bling on pockets etc.)
DO NOT enter if you are pregnant or have physical problems
The Renter/Client Understands that:
I am responsible for following the rules and safe procedures mentioned above by Wee Play Santa Rosa in order to protect the equipment and provide a safe environment for me, my guests, and any other individuals who will have access to Wee Play Santa Rosa equipment while is in my possession.
I AGREE TO RELEASE, DEFEND, INDEMNIFY, NOT SUE AND HOLD HARMLESS Wee Play Santa Rosa, their principals, officers, owners, employees, and/or equipment manufacturers from any claims, damages (including medical fees, attorney fees), injuries (including disabilities, paralysis and death), and expenses arising out of or resulting from my voluntary attendance/ participation at Wee Play Santa Rosa.
I am responsible for paying the nonrefundable reservation retainer to book the date and the remaining balance in full of the chosen soft play rental set 48 hours prior to the day of the event. If full payment is not received by 48 hours prior to the event, the event may be canceled.
All Price Quotes and Invoices have personalized Notes at the bottom that include the date, time, and location of the event. I agree to read and adhere to the instructions at the bottom of the Price Quotes and Invoices unless otherwise agreed upon by Wee Play Santa Rosa and myself. No modifications to the Notes will be permitted without express written agreement at least 48 hours prior to the event between myself and Wee Play Santa Rosa at the risk of the event being canceled without refund.
Once the Invoice is paid, no modifications may be made.
If the equipment is returned in an extremely dirty condition at the time of pick up, Wee Play Santa Rosa will not return the $100 damage deposit.
If there is any damaged or stolen soft play equipment, I will be charged at an appropriate amount, i.e. cost of repair or replacement up to $5,000.
I also acknowledge the risks involved in Wee Play Santa Rosa areas. These include but are not limited to any CHOKING HAZARDS, FALLING, BREAKING ETC. while in use. I understand that I am participating voluntarily, and that all risks have been made clear to me. Additionally, I do not have any conditions that will increase my likelihood of experiencing injuries while engaging in this activity.
***The novel coronavirus, Covid-19, has been declared a world wide pandemic by the World Heath Organization. Covid-19 is contagious and believed to spread from person to person. Our agreement is for a small gathering/stay at home play area, and social distancing must be used for set up and take down. Please follow WHO's guidance for safety measures on Covid-19. By signing this, you are agreeing to these methods for set up and will not find Wee Play Santa Rosa accountable for any Covid-19 claims or medical fees.
By sending the form below or by paying the Invoice, I forfeit all rights to bring a suit against Wee Play Santa Rosa and affiliates for any reason. In return, I will also make every effort to obey safety precautions as listed in writing and explained to me verbally in efforts to keep the Wee Play Santa Rosa experience positive. I have read, heard, and understand safety rules and understand that I will ask for clarification when needed.
Please note, a Damage Deposit Agreement form will need to be signed at time of set up, and signer must have ID. A copy is provided below:
Wee Play Santa Rosa Damage Deposit Agreement
I, the renter, whose name is listed below, do hereby freely, voluntarily, and without duress execute this release under the following terms:
By signing this form, I, the renter, acknowledge that I have read through the Waiver / Rules & Regulations on weeplaysantarosa.com (also found on QR code above), and I, the renter, agree to abide by those stipulations.
I, the renter, also agree that I am providing a $100 damage deposit. This deposit will be returned to me once Wee Play Santa Rosa determines there has been no damage, destruction, or extreme filth to the equipment.
I, the renter, agree not to loan, sublet or otherwise depose of soft play equipment, or use it at any other location.
I, the renter, agree not to have water (water toys, water slides, splash pads, wet children, etc) near soft play equipment. Water damages the foam, causing it to mold, and if water is found, I, the renter, may be responsible for the full price of replacement of equipment up to $5,000 (five thousand dollars and zero cents).
If the soft play equipment is lost, stolen, or damaged beyond repair, I, the renter, agree to pay up to $5,000.00 (Five thousand dollars and 0 cents).
By signing this Damage Deposit Agreement, I, the renter, am aware that if damage, destruction, water, or extreme filth is found, the $100 damage deposit will not be returned to me, and I, the renter, will be billed for the entirety of the cost of deep cleaning and/or the cost of new equipment. I, the renter, agree to pay in full the replacement cost, including labor, for all damages to soft play equipment.
I, the renter, agree to reimburse Wee Play Santa Rosa for all attorney fees, an amount not less than 50% of all sums due, court cost and expenses incurred by Wee Play Santa Rosa to enforce collection or to preserve or enforce rights under this contract.
I, the renter, understand that upon collection of equipment, the following must be met in order to receive my $100 damage deposit:
Ball pit balls must be back in ball pit ($50 deduction if balls not inside of pit)
Equipment must not be disassembled or strewn about carelessly
No signs of food, drink, water, face paint, or other messy items inside of gates
All items must be inside the safety gates
Safety gates and floor mats must be intact
Special considerations may be added as needed via writing at least 48 hours prior to the event.
Special considerations may be added as needed.