Release of Liability, Assumption of Risk, and Indemnity Agreement
1. Acknowledgment of Risks
I, the undersigned Parent or Legal Guardian, acknowledge and understand that participation by my child(ren) in activities at Tiny Tumblrz LLC (hereinafter referred to as “Tiny Tumblrz” or “the Gym”) involves inherent risks, dangers, and hazards that may result in injury, including but not limited to:
• Physical activities including running, jumping, climbing, swinging, tumbling, and interacting with gym equipment and play structures.
• Interaction with other participants, including infants, toddlers, and children of varying ages, sizes, and abilities.
• Falls, collisions, slips, trips, and other accidents.
• Contact with equipment, surfaces, or other objects.
• Risks associated with active play environments, including accidental injury despite reasonable supervision and safety measures.
• The possibility of minor or serious injury including, but not limited to, sprains, strains, cuts, bruises, fractures, concussions, illness, permanent injury, or death.
I understand these risks are inherent to an indoor play and toddler gym environment and cannot be completely eliminated without fundamentally changing the nature of the activities.
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2. Assumption of Risk
Knowing and understanding the risks described above, I voluntarily assume all known and unknown risks associated with my child(ren)’s attendance, participation, and presence at Tiny Tumblrz.
I acknowledge that by permitting my child(ren) to participate, I am accepting these risks on behalf of myself and my child(ren), including any injuries, damages, losses, or expenses that may arise from participation.
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3. Release and Waiver of Liability
In consideration for my child(ren) being permitted to participate in activities at Tiny Tumblrz, I, on behalf of myself, my child(ren), heirs, executors, administrators, successors, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Tiny Tumblrz LLC, its owners, employees, agents, contractors, volunteers, instructors, and the property owners, D&A Investment Properties LLC (collectively referred to as the “Released Parties”) from any and all claims, liabilities, demands, damages, actions, causes of action, costs, or expenses arising from or related to my child(ren)’s participation, attendance, or presence at Tiny Tumblrz, including injury, illness, property damage, or death.
This release applies whether arising from participation in open play, classes, parties, events, programs, or any activity held on the premises.
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4. Indemnification
I agree to indemnify and hold harmless the Released Parties from any claims, liabilities, damages, costs, or expenses, including reasonable attorney’s fees, arising from my child(ren)’s actions, participation, or presence at Tiny Tumblrz, including claims brought by third parties.
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5. Photo and Video Release
I grant Tiny Tumblrz LLC permission to photograph and/or record my child(ren) during activities, events, classes, and programs and to use such images or recordings for promotional purposes including, but not limited to, websites, social media, advertising, brochures, and marketing materials without compensation or additional notice.
Tiny Tumblrz will not identify my child(ren) by name without separate written consent.
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6. Parent / Guardian Supervision Responsibility
I understand and acknowledge that Tiny Tumblrz is an active play environment and that parents, guardians, or supervising adults remain solely responsible for the supervision, behavior, and safety of their child(ren) at all times during open play, parties, and general facility use unless otherwise stated during a structured staff-led activity or program.
Tiny Tumblrz employees and staff are present to operate the facility and assist guests but are not acting as childcare providers, babysitters, or individual supervisors for participating children.
I agree that I will remain on-site while my child(ren) are participating unless otherwise expressly permitted by Tiny Tumblrz.
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7. Illness Acknowledgment
I acknowledge that participation in activities at Tiny Tumblrz may involve interaction with other children and families and carries the possibility of exposure to common illnesses, viruses, or communicable conditions.
I agree that I will use reasonable judgment and will not knowingly bring my child(ren) to Tiny Tumblrz while experiencing symptoms of illness, including but not limited to fever, vomiting, diarrhea, contagious rash, or other symptoms that may pose a risk to others.
I understand and accept that Tiny Tumblrz cannot guarantee a germ-free environment and release Tiny Tumblrz LLC and the Released Parties from claims arising from exposure to common illnesses associated with participation in group activities.
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8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.
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9. Acknowledgment and Agreement
I certify that I am the parent or legal guardian of the child(ren) associated with my customer account and have authority to sign this Agreement on their behalf.
I understand this Agreement applies to all minor children associated with my customer account who participate in activities at Tiny Tumblrz unless otherwise revoked in writing.
I have carefully read this Release of Liability, Assumption of Risk, and Indemnity Agreement, fully understand its terms, and acknowledge that I am waiving substantial legal rights by signing it. I sign this Agreement freely and voluntarily.
