IMAGINATION STREET

ACKNOWLEDGEMENT, ASSUMPTION OF RISK, RELEASE,

WAIVER OF LIABILITY, INDEMNITICATION, AND HOLD HARMLESS AGREEMENT

(Collectively referred to herein as “Agreement”)

THIS IS A LEGALLY BINDING AGREEMENT THAT YOU SHOULD READ CAREFULLY BEFORE SIGNING.  BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT TO RECOVER DAMAGES IF YOU ARE INJURED WHILE PARTICIPATING IN ANY ACTIVITY AT IMAGINATION STREET, LLC. 

EACH PARTICIPANT MUST HAVE A FORM SIGNED, EITHER BY THEM OR IF PARTICIPANT IS UNDER THE AGE OF 18 YEARS, THEN SIGNED BY A LEGAL GUARDIAN/PARENT/DESIGNATED REPRESENTATIVE.  IF A PERSON DOES NOT HAVE A SIGNED FORM ON FILE, THEN THAT PERSON WILL NOT BE ABLE TO PARTICIPATE IN IMAGINATION STREET’S ACTIVITIES, EVENTS, CLASSES, OR USE THE FACILITIES (PLAY AREA).

ANY PARENT/LEGAL GUARDIAN/DESIGNATED REPRESENTATIVE HAS THE RIGHT TO REFUSE SIGNING THIS FORM AND IMAGINATION STREET RESERVES THE RIGHT TO REFUSE ENTRY IF THE FORM IS NOT SIGNED. 

ACKNOWLEDGEMENT AND ASSUMPTION OF RISK

In Consideration of being allowed to enter Imagination Street’s play area and/or participate in any party, program and/or other special activity or event at Imagination Street, the undersigned, on his or her behalf, and on the behalf of the participant(s) identified below, acknowledges, appreciates, and willingly agrees to the following:

• I, and any minor participant(s) named below acknowledge entry to Imagination Street’s facility is voluntarily and of their own free will.
• I am responsible for my own, and any minor participant(s) named below, safety and behavior at all times.
• I have read and agree to abide and agree that the below named minor child(ren) will abide, by all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any open play, activity, program and/or class at Imagination Street.
• I acknowledge and understand that I, and any minor child(ren) named below may be asked to leave immediately without refund for failure to comply with the terms stated herein, posted safety signs, rules, and verbal instructions given by an Imagination Street employee or official.
• I will immediately notify the nearest Imagination Street employee or official immediately upon observing any potential hazard, or in such event I or a minor child(ren) named below experiences any significant hazard or injury during such participation.
• I, and on behalf of any minor child(ren) named below, knowingly, voluntarily and fully assumes all risks; known and unknown, even those arising from the negligent acts or omission of others associated with the attendance at and/or participation in any and all activities, programs, parties, or food and/or drink consumption or any other event at Imagination Street’s facility. 

RELEASE AND WAIVER OF LIABILITY, IMDEMNIFICATION AND HOLD HARMLESS AGREEMENT

I, for myself and the participant(s) named below, and our respective heirs, assigns, administrators, personal representatives, and next of kin, hereby releases, discharges, and holds harmless Imagination Street, LLC, its members, agents, employees, management, officers, assigns, agents, class instructors, and volunteers, principals, other participants, any associated persons or companies, the physical premises for which Imagination Street is located, as well as all business and service operations performed on behalf of Imagination Street, LLC, from any and all claims, damages, or liability arising from death, disability, personal injury, property damage, or theft, or any kind of action. THIS INDEMNITY COVERS RISKS OF DEATH, SERIOUS INJURY, AND PROPERTY LOSS ARISING FROM THE NEGLIGENCE OR CARELESSNESS OR GROSS NEGLIGENCE ON THE PART OF THE PERSONS OR ENTITIES BEING INDEMNIFIED AND OTHER PARTICIPANTS.

VIDEO SURVEILLANCE ACKNOWLEDGEMENT

I understand that to promote the safety of employees and guests, as well as the security of its facilities, Imagination Street, LLC, its licensees or assignees, may conduct video surveillance of any portion of its premises at any time, the only exception being private areas (i.e., restrooms).  Video cameras will be positioned in appropriate places within and around Imagination Street and used to promote safety and security of people and property.  I understand that this surveillance may occur at any time during my visit to Imagination Street and hereby give my consent to such video surveillance at any time the company may choose.

PHOTOGRAPH AND MODEL RELEASE ACKNOWLEDGEMENT

I understand that Imagination Street, LLC, its licensees or assignees, including class instructors or other third parties hired for special events, may take photographs, video or other physical or digitally recorded media on its premises at any time, the only exceptions being private areas such as restrooms and during field trips.

I hereby grant permission to Imagination Street, LLC, its licensees or assignees, either separately or together, either wholly or in part, the perpetual, irrevocable and unrestricted right to reproduce photographs, video, or other physical or digitally recorded media of the undersigned for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium and without compensation or other consideration. 

I hereby grant Imagination Street, LLC, its licensees or assignees unrestricted use of these photographs, video, or other physical or digitally recorded media for whatever purpose, including advertising, with any retouching or alteration without restriction.  I hereby irrevocably authorize Imagination Street, LLC, its licensees or assignees to edit, alter, copy, exhibit, publish, or distribute these photographs, video, or other physical or digitally recorded media for any lawful purpose.  In addition, I waive any right to inspect or approve use any photographs, video, or other physical or digitally recorded media.

I understand and agree that all photographs, video, or other physical or digitally recorded media will become the property of Imagination Street, LLC, its licensees or assignees and will not be returned.

I hereby hold harmless, release, and forever discharge Imagination Street, LLC, its licensees or assignees from all claims, demands and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

In consideration of my child being allowed to enter the Imagination Street play area specifically as part of a field trip group, I understand that I myself and/or the responsible organization assigned on my behalf specific to the field trip is responsible for my child's safety and behavior at all times during the visit and under no circumstance is Imagination Street management, employee,, agent, or other obligated or responsible for the care or direct oversight of the participating minor.

FAILURE TO ENFORCE IS NOT A WAIVER

Imagination Street may choose to delay or not enforce any term in this Agreement (including fees) without losing our rights.  Any failure or delay by us in enforcing strict performance of this Agreement (including, but not limited to, accepting late or partial payments or payments marked “payment in full” or tendered with other conditions or limitations) shall not be considered a waiver of any of the terms of this Agreement or any of our rights.  Any waiver of rights by us must be in writing and signed by one of Imagination Street’s authorized representatives.

GOVERNING LAW

This Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Iowa and shall be governed by and shall be interpreted in accordance with the laws of the State of Iowa.  If any provision or provisions of this Agreement shall be deemed to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.  The venue of any legal action arising out of, concerning, or involving this Agreement, or a claim of any sort against Imagination Street, LLC will be Polk County, Des Moines, Iowa.

Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of Imagination Street’s primary location and in accordance with the rules of the American Arbitration Association then in effect.

TERM

Unless I otherwise notify Imagination Street, LLC, this Agreement will apply to participant’s future admission to and participation in any activities, events, classes, or use the facilities (play area) at Imagination Street, LLC for a period of two (2) years or the length of the membership if purchased whichever is longer. 

AMENDMENT

Imagination Street reserves the right to amend the terms of this Agreement at any time, for any reason, and without notice to participants.  In the event Imagination Street materially alters the terms of this Agreement for any reason, Imagination Street will require each participant complete a new agreement at time of next entry to Imagination Street’s facility.

In signing this Agreement, I acknowledge and represent that I have read the foregoing and I fully understand the content, meaning and impact of this consent, waiver, indemnity and release, and sign it voluntarily as my own free act and deed; acknowledge this Agreement will be used and relied upon by Imagination Street, LLC, and that it will govern the undersigned’s actions and rights; that I am the parent or legal guardian of the below-named child(ren), or I have obtained permission from the parent/legal guardian of the below-named child(ren) to execute this Agreement on their behalf. 

The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature and shall be effective to bind such party to this Agreement.