Private Event and Birthday Party Liability Waiver & Agreement

Private Event and Birthday Party Liability Waiver and Agreement

Down by the Bay Play Cafe 559 Bay Street, Unit 2, Midland, Ontario

Assumption of Risk and Release of Liability

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A LEGAL DOCUMENT AFFECTING YOUR RIGHTS.

By signing this Liability Waiver and Agreement (the "Agreement"), I, the undersigned parent or legal guardian, acknowledge and agree to the terms and conditions set forth herein on behalf of myself, my minor child(ren) listed below (hereinafter referred to as "Child" or "Children"), and our respective heirs, executors, administrators, and assigns.

1. Assumption of Risk: I understand and acknowledge that participation in activities at Down by the Bay Play Cafe involves inherent risks, dangers, and hazards, including but not limited to:

   • Falls, slips, and collisions with equipment, other participants, or surfaces.

   • Injuries resulting from jumping, climbing, running, or other physical activities.

   • Injuries related to the use of play equipment, toys, and facilities.

   • Exposure to illnesses, viruses, and communicable diseases (including but not limited to colds, flu, and COVID-19), despite any precautions taken by Down by the Bay Play Cafe.

   • Minor or serious physical injuries, including sprains, fractures, concussions, and other bodily harm.

   • Emotional distress.

   • Property damage.

   • In rare cases, permanent disability or death.

2. I voluntarily accept and assume all risks, both known and unknown, associated with my Child's presence at and participation in activities at Down by the Bay Play Cafe, including the risk of illness or injury.

3. Parental Supervision: I understand and agree that I am solely responsible for the direct supervision and control of my Child(ren) at all times while on the premises of Down by the Bay Play Cafe. Down by the Bay Play Cafe staff are not responsible for supervising my Child(ren). I will ensure my Child(ren) adheres to all posted rules and instructions.

4. Release and Waiver of Claims: In consideration of my Child(ren)'s participation in activities at Down by the Bay Play Cafe, I hereby release, waive, discharge, and covenant not to sue Down by the Bay Play Cafe, its owners, operators, employees, agents, representatives, volunteers, and affiliates (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by my Child(ren) or me, or any property belonging to me or my Child(ren), whether caused by the negligence of the Released Parties or otherwise, while my Child(ren) or I are in, on, or upon the premises where the activities are being conducted, or while participating in any activities conducted by the Released Parties.​

5. Indemnification: I agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or costs, including reasonable attorney's fees, that they may incur due to my Child's presence at or participation in activities at Down by the Bay Play Cafe, whether caused by the negligence of my Child(ren) or me, or otherwise.

6. Medical Treatment: I authorize Down by the Bay Play Cafe to obtain emergency medical care for my Child(ren) if, in their sole discretion, such care is deemed necessary. I agree to be responsible for all costs associated with such medical care.

7. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.

​

Private Event and Birthday Party Terms and Conditions

The following terms apply specifically to all private events, including but not limited to birthday party bookings, held on the premises of Down by the Bay Play Cafe.

1. Maximum Occupancy: I understand and agree that the maximum number of people, including both children and adults, permitted within the leased space for the duration of the private event is 30 people. I am responsible for ensuring my party, guests, and any outside vendors comply with this maximum limit. Exceeding this limit may result in the immediate termination of the event and forfeiture of any fees paid.

2. Supervision and Conduct: The Parental Supervision and Assumption of Risk clauses of this Agreement remain fully in effect during a private event. I agree that I and/or the designated supervising adults are solely responsible for the direct supervision, control, and conduct of all event attendees, including children, guests, and vendors, at all times.

3. Damage and Cleaning Liability: While Down by the Bay Play Cafe provides the space and standard cleaning services, I acknowledge that I am responsible for any damage to the property, facilities, or equipment that occurs during my event. I agree that beyond average mess or breakage of toys, equipment, or facility features (as determined by the sole discretion of Down by the Bay Play Cafe staff) will result in a cleaning or repair fee being charged to me. This fee will be billed to the credit card on file or paid in full before my departure.

​

I have read this Liability Waiver and Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law.