Waiver, Release of Liability & Assumption of Risk
GM Kidz LLC d/b/a Six Little Ducks Toy Store & Play Place · 126 E Wisconsin Ave, Oconomowoc, Wisconsin
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
Assumption of Risk
I understand that participation in activities at Six Little Ducks involves physical activity and inherent and other risks. These risks include, but are not limited to, slips, trips, falls (including falls from play structures), running, jumping, climbing, sliding, collisions with children or adults, contact with play structures, toys or equipment, pinching or entrapment, choking hazards, cuts, scrapes, bruises, sprains, broken bones, head or neck injuries, allergic reactions, and injuries caused by other participants. I voluntarily choose to allow the child or children listed above to participate and knowingly assume the risks associated with their participation.
Adult Supervision
Unless a child is participating in a specifically designated supervised program, the accompanying responsible adult remains responsible for supervising the child at all times. The adult agrees to ensure that the child follows posted rules, staff instructions, age or size restrictions, and appropriate-use requirements. Six Little Ducks staff are not responsible for providing individual supervision during general play.
Health, Allergies & Safety
I certify, to the best of my knowledge, that each child listed above is physically able to participate. I agree not to bring a child into the play area while experiencing fever, vomiting, diarrhea, or other symptoms of a contagious illness. I understand that the facility is not represented as allergen-free. The responsible adult is responsible for communicating and managing the child's allergies, medications, medical conditions, dietary restrictions, and other participation limitations.
Play Rules, Clothing & Equipment
I agree that the child and I will follow all posted safety rules and reasonable staff instructions, including rules concerning footwear or socks, clothing, food and drink, age or size restrictions, and proper use of play structures, toys and equipment. Six Little Ducks may stop an activity or require a participant to leave if staff determines that conduct is unsafe, disruptive, or inconsistent with facility rules.
Release and Waiver of Liability — Including Ordinary Negligence
To the fullest extent permitted by Wisconsin law, I, on behalf of myself and, to the extent I have authority to do so, the child or children listed above, release and hold harmless GM Kidz LLC d/b/a Six Little Ducks Toy Store & Play Place and its owners, members, managers, landlords, employees, agents and representatives (collectively, the "Released Parties") from claims for personal injury, property damage or other loss arising from participation in or use of the play area, facilities, activities, toys or equipment, including claims arising from the ordinary negligence of a Released Party. This release is not intended to waive any claim that cannot legally be waived under Wisconsin law.
I understand that this agreement releases the Released Parties from certain claims arising from their own ordinary negligence, to the fullest extent permitted by Wisconsin law.
Medical Emergencies
If an emergency occurs and a parent/legal guardian is not immediately available to provide direction, I authorize Six Little Ducks staff to contact emergency medical services for the child. I understand that Six Little Ducks is not responsible for medical expenses incurred on behalf of the child.
Personal Property & Property Damage
Six Little Ducks is not responsible for lost, stolen, or damaged personal belongings brought onto the premises. I accept financial responsibility for damage to Six Little Ducks property caused by my intentional or reckless conduct and, to the extent permitted by law, by the intentional or reckless conduct of a child under my supervision.
Limited Indemnification
To the fullest extent permitted by Wisconsin law, I agree to indemnify and hold the Released Parties harmless from third-party claims, losses, or expenses arising from my intentional or reckless conduct, my material violation of facility rules, or damage or injury caused by such conduct. This provision is not intended to require indemnification for claims that cannot legally be indemnified under Wisconsin law.
Authority to Sign for Child
I represent and certify that I am either (a) the parent or legal guardian of each child listed above, or (b) an adult who has been expressly authorized by the child's parent or legal guardian to supervise the child and to execute participation agreements, acknowledgments, releases, and waivers on the parent/legal guardian's behalf in connection with the child's participation at Six Little Ducks. If I am signing as an authorized adult rather than as the child's parent or legal guardian, I represent that I obtained this authority from the child's parent or legal guardian before signing this Agreement. I understand that GM Kidz LLC d/b/a Six Little Ducks Toy Store & Play Place is relying upon my representation of authority in permitting the child to participate, and I certify that this representation is accurate.
Severability; Wisconsin Law
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law. This Agreement shall be governed by the laws of the State of Wisconsin. To the extent permitted by law, any action relating to this Agreement shall be brought in a court of competent jurisdiction in Waukesha County, Wisconsin.