In consideration of being allowed to participate in any and all Little Planet Play + Space activities including but not limited to parties, camps, classes, programs, and other related events and activities, (collectively referred to herein as, “Activities” and individually as an “Activity”), the undersigned acknowledges, understands, and agrees to all of the following agreements and provisions contained in this Infectious Disease Waiver of Liability, Release of Claims, Indemnity and Hold Harmless Agreement (the “Agreement”):
The novel coronavirus (“COVID-19”), has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to- person contact.
I understand the hazards of COVID-19 and other infectious diseases and am familiar with the guidelines issued by the local authorities regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the guidelines along with the rules and regulations of the owners of the premises (including Little Planet Play + Space) where Little Planet Play + Space conducts its Activities (the “Facility Owners”) are regularly modified and updated and I accept full responsibility for familiarizing myself and complying with the most recent updates of such rules, regulations and guidelines.
I understand participation in any or all Little Planet Play + Space Activities includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While Little Planet Play + Space has put in place preventative measures to reduce the spread of COVID-19 and other infectious diseases; Little Planet Play + Space cannot guarantee that you, your children or your family members will not become infected with COVID-19 or any other infectious disease. While compliance with Little Planet Play + Space’s and Ontario Public Health regulations and guidelines may reduce the risk of contracting COVID-19 or any other infectious disease, the risk of serious illness and death does exist.
To the best of my knowledge, my child/children and I are of good health, are not immune-compromised and can fully participate in any Little Planet Play + Space activities. Notwithstanding the risks associated with COVID-19 or any other infectious disease, which I readily acknowledge, I hereby voluntarily agree to my child’s/children’s participation in any and all Little Planet Play + Space Activities and to enter any and all premises used by Little Planet Play + Space for its Activities knowing that any of the Activities may be hazardous to me. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, DAMAGE, PERSONAL LOSS, ILLNESS, INJURY OR DEATH FROM COVID-19, OR ANY OTHER INFECTIOUS DISEASE, THAT MAY BE SUSTAINED BY ME, MY FAMILY MEMBERS OR MY PLAYER AS A RESULT OF BEING ENGAGED IN ANY Little Planet Play + Space ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF Little Planet Play + Space, ITS MEMBERS, PARTNERS (INCLUDING Little Planet Play + Space COACHES, VOLUNTEERS, AGENTS, EMPLOYEES, OR BY THE FACILITY OWNERS (COLLECTIVELY REFERRED TO HEREIN AS “RELEASEES” OR INDIVIDUALLY AS “RELEASEE”) OR OTHERWISE.
In consideration for participating in any Little Planet Play + Space which is hereby acknowledged, I hereby RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE AND COVENANT NOT TO SUE RELEASEES from any and all liability, claims, costs, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, illness or injury, including death, that may be sustained by me, my family members or my player FROM COVID-19, OR ANY OTHER INFECTIOUS DISEASES, AS A RESULT OF BEING ENGAGED IN ANY OF Little Planet Play + Space ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses, costs or expenses of any nature whatsoever including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel, and whether or not an action is brought, on appeal or otherwise, arising from or out of, or relating to, directly or indirectly, an infection of my child/children, myself or my family members with COVID-19, or any other infectious disease, illness or injury.
It is my expressed intent that this Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above RELEASEES.
I understand that Little Planet Play + Space (or any RELEASEE) will not be responsible for any medical costs associated with any illness from COVID-19 or any other infectious disease that I, my child/children, or my family members may sustain as a result of participating in any Little Planet Play + Space Activities.
I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT TO THE PERMISSION GRANTED BY Little Planet Play + Space AND RELEASEES TO BE ON PREMISES AND TO PARTICIPATE IN THE ACTIVITIES.
I hereby further agree that this Agreement shall be construed in accordance with the laws of the province of Ontario.
Electronic, email, or facsimile signatures on this Agreement shall be construed for all purposes as original signatures.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during this Agreement, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid, or unenforceable provision there shall be automatically added, as part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart.