In consideration of Café au Play Indoor Playground, 1000917029 Ontario Inc. (the "Company")
located at 3-56 Quinte St, Trenton, Ontario, K8V 3P4 (the "Premises"), permitting me and/or my
child/children (the "participant(s)") and/or an individual under 18 years of age who is under my care to engage in and participate in the use and enjoyment of the indoor playground, including, but not limited to, the use and enjoyment of any structures, playground areas, or equipment (the "Activities"), and for other good and valuable consideration,
I agree to all the terms and conditions set forth in this agreement (this "Agreement").
I understand that as the parent or guardian of a participant to the Activities, I am waiving claims
on behalf of that child.
ASSUMPTION OF RISKS
I understand and agree that this waiver applies to any claims of injury, loss, or damage arising
from participation in the activities at Café au Play Indoor Playground, including claims based on
negligence, except where such claims are the result of gross negligence, willful misconduct, or
violations of public policy or statutory obligations. This waiver is intended to be as broad and
inclusive as permitted by Ontario law.
I waive and release any and all claims which I have or may in the future have against the
Company, and its affiliates, and their respective officers, directors, employees, agents,
representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account of
the Activities.
By signing this waiver, I agree to cover any costs or damages the Company may incur due to my
participation in activities at the playground. This means I may have to pay for any legal fees or
settlements if a claim arises related to my actions. Please consider this carefully before signing.
MEDIA RELEASE
Permission for use of images: I understand that Café au Play Indoor Playground, 1000917029
Ontario Inc., its partners, and any associated partnerships may take photographs and/or video
footage of customers while they are on the Premises.
These images may be used for promotional or educational purposes, including but not limited to
social media, advertising, brochures, and website content for the Company's promotional
purposes as well as our partners.
I understand that I may decline photographs and video on the day of my visit by communicating
with a staff member.
PUBLIC HEALTH CLAUSE, COVID 19 & OTHER CONTAGIONS
I am aware of the highly contagious nature of bacterial and viral diseases including the 2019
novel coronavirus disease (COVID-19) (collectively, the "Disease") and the risk that I or my
child/children may be exposed to or contract the Disease or other infectious illness or disease by
being on the Premises and engaging in the Activities.
I understand and acknowledge that such exposure or infection may result in serious illness,
personal injury, permanent disability, death, or property damage.
I understand that while the Company has implemented preventative measures to reduce the
spread of the Disease, the Company cannot guarantee that I or my child/children will not become
infected with the Disease or other infectious diseases while on the Premises and that being on the
Premises may increase our risk of contracting the Disease.
I am familiar with federal, provincial, and local laws, orders, directives, and guidelines related to
the Disease, including the Public Health Agency of Canada and Public Health Ontario guidance
on the Disease. I will comply with all such orders, directives, and guidelines while on the
Premises, including, without limitation, requirements related to vaccination, hand sanitation,
social and physical distancing, and use of face coverings.
I agree not to enter the Premises if I or my child/children am/are experiencing symptoms of the
Disease (such as new or worsening cough, shortness of breath or difficulty breathing, fever or
feeling feverish, chills, fatigue or weakness, muscle or body aches, new loss of smell or taste,
headache, abdominal pain, diarrhea and vomiting, or feeling very unwell), have a confirmed or
suspected case of the Disease, or have come in contact in the last fourteen (14) days with a
person who has been confirmed or suspected of having the Disease.
I understand and acknowledge beneficial health protocols such as proper hand washing technique
and associated health benefits and isolating when experiencing symptoms such as new or
worsening cough, vomiting, diarrhea, open sores and other confirmed infectious ailments.
NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASE OR ANY OTHER
AILMENT, I ACKNOWLEDGE THAT I AM VOLUNTARILY ENTERING THE PREMISES
TO ENGAGE IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED. I
HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY,
ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM BEING ON
THE PREMISES OR ENGAGING IN THE ACTIVITIES, WHETHER CAUSED BY THE
NEGLIGENCE OF THE COMPANY OR OTHERWISE.
GENERAL
This Agreement constitutes the entire agreement of the Company and me with respect to the
subject matter contained herein and supersedes all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, with respect to such subject
matter.
If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any
jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or
provision of this Agreement.
This Agreement is binding on and shall endure to the benefit of me and my heirs and next-of-kin,
and the Company and its successors and assigns.
This Agreement, including all matters arising out of or relating to this Agreement, shall be
governed by and construed in accordance with the laws of the Province of Ontario and the
federal laws of Canada applicable therein.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF
THE TERMS OF THIS AGREEMENT, I UNDERSTAND THE CONTENT OF THIS
WAIVER TO BE BENEFICIAL TO MY PARTICIPATION ON THE Premises AND THAT I
AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND
ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN),
INCLUDING THE RIGHT TO SUE THE COMPANY AND OTHER PARTIES
Must be acknowledged if participant is under 18 years of age:
I am the parent, legal guardian, or adult responsible for the care of the minor named above. I
have the legal right to consent to and, by signing below, I hereby do consent to the terms and
conditions of this Release of Liability and Waiver of Claims on behalf of and in respect of the
minor named above. To any extent that the participant lacks capacity to enter into this
agreement, I hereby assume the obligations of the participant set out herein, including
indemnification of the Company.