Note: You must accept all required check boxes and then sign your name (parent / guardian) with your finger. Be sure to scroll all the way down.

Step # 1

Enter Adult's Information

Enter your information, even if you are signing for children.

You will be asked to enter your kid(s) information in the next section.

Step # 2

Enter Children's Information

Enter Name and Birth Date for child.

Add Another Child

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Step # 3

Sign Waiver

Please review your information below.

If everything is correct, accept all terms below and sign your name. If any of the below information is not correct, click on one of the Steps in the header to edit your information.

Signer (Parent / Guardian)

  • Name:
  • Birth Date:
  • Email:
  • Phone:

Please read waiver and scroll down to accept and sign.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

This Agreement Limits Our Liability In Case of Injury

Please Read This Agreement

In consideration of being permitted by any Bernau Enterprise LLC and or Playgrounds Fun Zone and Cafe entity or Playgrounds Dart Zone entity, hereinafter referred to as “Bernau Enterprise LLC and or Playgrounds Fun Zone and Cafe entity or Playgrounds Dart Zone entity, to participate in its activities and to use its equipment and facilities, I hereby agree to release, indemnify and discharge Bernau Enterprise LLC and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity, its agents, owners, shareholders, directors, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “RELEASEES”), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate, as follows:

 

1. Risks:

I acknowledge and agree that my participation in Bernau Enterprise LLC and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity games, and other facility activities, entail known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things, the usual risk of cuts and bruises, and more serious risks, as well.  Participants often fall off equipment, sprain or break wrists and ankles, and can even suffer more serious injuries. By way of example only, without excluding other known and unknown specific risks, collision with other players/kids, falling down while playing, etc. can cause serious injury. Flipping and running and bouncing off the walls is inherently dangerous, and can cause serious injury and must be done at the participants’ own risk. Similar risks are also inherent in using the climbing games, slides, shooting with nerf guns, and other activities within the facilities. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense. Furthermore, Bernau Enterprise LLC  and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity employees are well trained and have a sincere desire to do their utmost to help provide a safe and comfortable environment for our customers.  As hard as they try, they have difficult jobs to perform, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used may become loose, out of adjustment, or malfunction. There is also a risk that Bernau Enterprise LLC  and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity employees may be negligent in, among other things, monitoring and supervising use of its equipment and facilities, and in the maintenance and repair of its equipment and facilities.

 

2. Assume All Risks:

I expressly agree and promise to accept and assume all of the risks existing in these activities. My participation in these activities is purely voluntary, and I elect to participate in spite of the risks.

 

3. This Release Is Voluntary:

I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless RELEASEES from any and all claims, demands, or causes of action, which are in any way connected with my participation in these activities, or my use of Bernau Enterprise LLC  and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASEES.

 

4. Attorney Fees:

Should any Bernau Enterprise LLC  and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless, for all such fees and costs.

 

5. Insurance:

I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, and I agree to bear the costs of such injury or damage myself.  I further certify that I am willing to assume the risk of any medical or physical condition that I may have.

 

6. Waiver Of Right To Sue:

By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in this activity, I may be found by a court of law to have waived my, or the minor participant’s right to maintain a lawsuit against Bernau Enterprise LLC  and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity or any RELEASEES, on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

 

7. Arbitration: I understand and acknowledge that in executing this Agreement I will have given up my right to commence any litigation to recover monetary damages.  However, if there is any dispute that does not fall under the terms of this Agreement or involves its interpretation or the obligations of a party thereto, those issues shall be determined by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, before a single arbitrator.

 

8.Jurisdiction:

I understand and acknowledge that in executing this Agreement I will have given up my right to commence any litigation to recover monetary damages.  However, in the event that I do file such a lawsuit against Bernau Enterprise LLC  and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity, I agree to do so solely in the state of Arizona and I further agree that the substantive law of Arizona shall apply in that action without regard to the conflict of the legal rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

 

9. Liquidated Damages.:

I understand and acknowledge that in executing this Agreement I will have given up my right to commence any litigation to recover monetary damages. If despite my express agreement to forbear litigation and fail to arbitrate any claims of injury and/or disputes regarding this agreement, I file or otherwise initiate a lawsuit against Bernau Enterprise LLC  and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity, I agree to pay within 60 days liquidated damages in the amount of $5,000 to Bernau LLC. Should I fail to pay this liquidated damages amount within the 60 day time period provided by this Agreement, I further agree to pay interest on the $5,000 amount calculated at 12% per annum.

 

10.Right to Photograph/video record:

I agree as an adult participant, or the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate at Bernau Enterprise LLC  and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity, grant Bernau Enterprise LLC  and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity, its parent, subsidiaries, related and affiliated entities, officers, directors, partners, shareholders, employees, agents, successors and assigns, the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with Bernau Enterprise LLC  and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity, to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner in any 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. All Photographs and/or Recordings are exclusive to Bernau Enterprise LLC  and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity.

 

11. Minor:

I agree that if the participant is a minor, this Release of Liability and Assumption of Risk agreement is made on behalf of that minor participant and that all of the releases, waivers, and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian to bind the minor participant to this agreement.  I further agree that if the participant is a minor, I agree to defend, indemnify and hold harmless Bernau Enterprise LLC  and or Playgrounds Fun Zone and Cafe entity and or Playgrounds Dart Zone entity from any and all claims or suits for personal injury, property damage or otherwise, which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of RELEASEES, except injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity.

 

12. Electronic Signature:

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

I certify that I am the parent or legal guardian of the above minors.

Please check all sections to accept.

I agree to the terms of the above agreement.

To open this section of the waiver, click here

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Step # 4

Confirmation

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