WAIVER FOR OPEN PLAY / OPEN GYM
4Ever Kids, LLC
In consideration of my and/or my minor child’s (the "Participant") admission to 4Ever Kids, LLC located at 4238 Sunset Blvd, Steubenville, Ohio 43952 (the “Gym”) and participation in Open Play/Open Gym, I hereby waive all claims or causes of action, including ordinary negligence, against the Gym, its members, managers, agents, employees, teachers, coaches, independent contractors, and/or clinicians, arising out of the Participant’s participation in Open Play/Open Gym activities. These activities involve free play with toys, play structures, small climbing equipment, and access to gymnastics and ninja equipment in the gym area (together, the “Activity” or “Activities”).
Release of Liability
I understand that participation in the Activities may involve inherent risks, including but not limited to minor injuries such as scrapes, bruises, and sprains, as well as more serious injuries including but not limited to head injuries, fractures, or other physical harm. I agree that the Gym is not responsible for any injury or loss of property to any person while participating in Open Play/Open Gym for any reason, including ordinary negligence on the part of the Gym or its staff.
Assumption of Risk
By signing this waiver, I understand and agree that participating in Open Play/Open Gym involves risks that may not be known or readily foreseeable. I fully accept and assume all such risks and responsibility for any losses, costs, or damages that the Participant incurs as a result of participation in these Activities.
Parent Supervision
I acknowledge that parent/guardian supervision is essential and mandatory during Open Play/Open Gym. I agree that I, or an appointed guardian, will be responsible for supervising the Participant at all times during the Activity. I further understand that failure to properly supervise my child may result in injury, and I waive any claims against the Gym related to inadequate supervision.
Facility Rules
I agree to abide by the rules and expectations set by the Gym, including the following:
No food or drinks are allowed in the playroom or gym area.
Damages to any equipment caused by the Participant may result in the parent/guardian being charged for the full cost of repair or replacement.
All Participants must use equipment safely and as intended.
Photo & Video Release
By signing this release, I consent to the Participant being photographed or filmed during Open Play/Open Gym. I understand that these images may be used by the Gym for promotional purposes, including but not limited to websites, social media, and marketing materials, without further compensation or approval.
Consent to Treatment
In the event of an injury or medical emergency, I grant permission to the staff of 4Ever Kids and medical personnel to render first aid and necessary assistance to the Participant. I have fully read and understand this consent for treatment of a minor.
Mandatory Arbitration
Any disputes arising out of this waiver shall be resolved by arbitration located in Steubenville, Ohio. The arbitration shall be administered by JAMS pursuant to its rules and procedures, and the decision of the arbitrator shall be final and binding.
Severability
If any portion of this waiver is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Indemnification
I agree to indemnify and hold harmless the Gym from any attorney’s fees and costs incurred in enforcing this waiver and any claims arising from the Participant’s participation in Open Play/Open Gym.
By signing below, I affirm that I have read and fully understand this waiver and its terms. I agree that I am voluntarily giving up legal rights for myself and/or my minor child by signing this waiver.
