• CONFETE SOIREE AND PLAY, INC. PARTICIPANT AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION (PLEASE READ THIS DOCUMENT CAREFULLY, BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE AND MINOR’S LEGAL RIGHTS)
  • BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) TO SUE CONFETE SOIREE AND PLAY, INC. FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF CONFETE SOIREE AND PLAY, INC., INCLUDING ANY OF ITS AGENTS, EMPLOYEES AND EQUIPMENT.
  • In consideration of being allowed to participate in the services and activities, including, but not limited to, indoor play areas, educational areas, café and snack bar access and any other amusement activities (collectively “ACTIVITIES”), provided by CONFETE SOIREE AND PLAY, INC. and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “CONFETE SOIREE AND PLAY, INC”),I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby agree to forever release, indemnify and discharge CONFETE SOIREE AND PLAY, INC. on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities as set forth below. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby acknowledges, agrees and represents that immediately upon entering or participating I will, inspect and carefully consider CONFETE SOIREE AND PLAY, INC.’S premises and facilities. It is further warranted that such entry into CONFETE SOIREE AND PLAY, INC’S facilities for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and carefully considered and that the undersigned finds and accepts same for myself, and/or on behalf of my spouse, minor child(ren)/ward(s) as being safe and reasonably suited for the purpose of such observation, use or participation by myself, and/or by my spouse, minor child(ren)/ward(s). The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s)hereby represent that
    (i) I/we are in good health and in proper physical condition to participate in the activities in which CONFETE SOIREE AND PLAY, INC. provides; and
    (ii) I/we are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in activities;
    (iii) I/we have not been advised against activities by a health professional. I agree that it is my sole responsibility to determine whether I/we are sufficiently fit and healthy enough to participate in activities. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), agree to be familiar with and to abide by the rules established for the ACTIVITIES, which include without limitation the rules posted in the facility and/or the website. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), accepts sole responsibility for my own conduct and actions, as well as the conduct and actions of my spouse, minor child(ren)/ward(s) while participating in the activities, and the condition and adequacy of the equipment.
    (1) RELEASE OF LIABILITY: Despite all known and unknown risks including but not limited to serious bodily injury, permanent disability, paralysis and loss of life, I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s) hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge and agree not to sue CONFETE SOIREE AND PLAY, INC., including its suppliers, designers, installers, manufacturers of any play equipment in CONFETE SOIREE AND PLAY, INC’S facility (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by CONFETE SOIREE AND PLAY, INC. or any EQUIPMENT SUPPLIERS, whether the action arises out of any damage, loss, personal injury, or death to me or my spouse, minor child(ren)/ward(s), while participating in or as a result of participating in any of the ACTIVITIES in or about the premises. This Release of Liability, is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of CONFETE SOIREE AND PLAY, INC. and/or any EQUIPMENT SUPPLIERS.
    (2) INDEMNIFICATION: I understand that the known and unknown risks may be caused in whole or in part by my or my spouse or child(ren)/wards own actions or inactions, the actions or inactions of others participating in activities, or the acts, inaction or negligence of CONFETE SOIREE AND PLAY, INC. or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with my spouse and/or my minor child(ren)/ward(s) to participate in the ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) as a result of the participation in ACTIVITIES in or about the facility, including any such loss due to any negligence of CONFETE SOIREE AND PLAY, INC. and all EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless CONFETE SOIREE AND PLAY, INC. and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by CONFETE SOIREE AND PLAY, INC. and all EQUIPMENT SUPPLIERS as a result of any claims asserted by myself, my spouse and/or child(ren)/ward(s) against CONFETE SOIREE AND PLAY, INC. and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments CONFETE SOIREE AND PLAY, INC. and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of CONFETE SOIREE AND PLAY, INC. or any EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless CONFETE SOIREE AND PLAY, INC. for any injury, damage and/or harm myself, my spouse and/or my minor child(ren)/ward(s) cause to CONFETE SOIREE AND PLAY, INC. or its facility and/or to any and all other persons and entities acting in any capacity on behalf of CONFETE SOIREE AND PLAY, INC.
    (3) ATTORNEYS’ FEES: I promise to indemnify CONFETE SOIREE AND PLAY, INC. for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of CONFETE SOIREE AND PLAY, INC., pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
    (4) PHOTO RELEASE: By entering CONFETE SOIREE AND PLAY, INC. and participating in the ACTIVITIES, I hereby grant CONFETE SOIREE AND PLAY, INC. on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me, my spouse or my child(ren)/ward(s) in connection with CONFETE SOIREE AND PLAY, INC. and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
    (5) TERMS OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my spouse and/ or child(ren)/ward(s) visit CONFETE SOIREE AND PLAY, INC., whether at the current location or any other location or facility. The undersigned further expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
    (6) VENUE: In the event a lawsuit is filed against CONFETE SOIREE AND PLAY, INC., I agree to the sole and exclusive venue of Mecklenburg County, North Carolina. I further agree that the substantive law of North Carolina shall apply without regard to any conflict of law rules.

    Waiver of Liability Relating to Coronavirus/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.

    Confetē Soiree & Play, herein referred to as “company”, cannot prevent you or your child(ren) from becoming exposed to, contracting, or spreading COVID-19 while utilizing “company’s” services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize “company’s” services and/or enter onto “company’s” premises you may be exposing yourself/child(ren) to and/or increasing your risk of contracting or spreading COVID-19.

    ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize “company’s” services and enter “company’s” premises. These services are of such value to me [and/or to my children,] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize “company’s” services and premises in person.

    WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against “company” and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing “company’s” services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

    CHOICE OF LAW: I understand and agree that the law of the State of North Carolina will apply to this contract.

    I am the parent or legal guardian of the minor(s) named below. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release.

    I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

    You MUST be 18 years old or older to sign your own waiver You MUST be the Parent or Legal Guardian to sign for a minor (under age 18).

    By signing this document, I understand that I may be found by a court of law to have forever waived my and my spouse and/or child(ren)/ward(s) right to maintain any action against CONFETE SOIREE AND PLAY, INC. on the basis of any claim from which I have released CONFETE SOIREE AND PLAY, INC. and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless CONFETE SOIREE AND PLAY, INC. and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by CONFETE SOIREE AND PLAY, INC. and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the facility by myself, my spouse and/or child(ren)/ward(s) and/or claims asserted by myself, my spouse and/or child(ren)/ward(s) against CONFETE SOIREE AND PLAY, INC. and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES.
  • Enter Adult Full Name and Date of Birth (If under age 18, it must be completed by Parent/Legal Guardian -- Enter Adult Full Name/Date of Birth of Parent/Guardian)
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    Child Full NameDate of Birth 

  • We reserve the right to review your license and/or other forms of ID to verify identity and age.

    This waiver is good for one year.