Waiver and Release of Liability
Please read this entire agreement carefully before signing
IN CONSIDERATION OF the risk of injury that exists while participating in PLAYGROUND ACTIVITIES, CRAFTS, AND OTHER VARIOUS ACTIVITIES THAT ARE OFFERED (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge WEEHIVE SOCIAL, LLC, located at 71 E Butler Ave, Ambler PA 19002, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware of the risks associated with participating in this activity, which may include, but are not limited to: physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the activity location(s). Nonetheless, I assume all related risks.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize WeeHive Social, LLC to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the WeeHive Social, LLC official or agent, regarding my approval to participate in the Activity.
I hereby acknowledge that I have carefully read this "waiver and release" and fully understand that it is a release of liability. I expressly agree to release and discharge WeeHive Social, LLC and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against WeeHive Social, LLC for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of WeeHive Social, LLC, its agents, and employees.
I agree that this Release shall be governed for all purposes by Pennsylvania law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
This waiver and release of liability shall remain in effect for the duration of my participation in the activity, during this initial and all subsequent events of participation.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and WeeHive Social, LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.
Section 2 — Pennsylvania Compliance Addendum
A. Notice Regarding Minors Under Pennsylvania Law
I understand that under Pennsylvania law, a parent or legal guardian cannot waive a minor child's right to bring a negligence claim. By signing this agreement, I acknowledge:
I cannot waive my minor child's right to pursue a claim for negligence.
I can, however, agree to indemnify, defend, and hold harmless WeeHive Social, LLC from any claims brought on behalf of my minor child to the fullest extent permitted by Pennsylvania law.
I willingly accept all risks associated with my child's participation.
B. Conspicuous Negligence Release
I understand and agree that this release includes a waiver of claims arising from the ordinary negligence of WeeHive Social, LLC, its employees, agents, volunteers, and representatives. I freely and voluntarily assume all risks, whether known or unknown, even if caused in whole or in part by the negligence of WeeHive Social, LLC.
C. Activity-Specific Risk Acknowledgment
I acknowledge that the activities at WeeHive Social, LLC include, but are not limited to:
Indoor playground structures
Climbing, sliding, running, and jumping
Interaction with toys, equipment, and shared surfaces
Crafts, sensory play, and instructor-led activities
Parent-supervised free play
Play with or around other children
I understand these activities may cause or contribute to injuries including falls, collisions, equipment-related injuries, allergic reactions, and injuries caused by other participants.
D. Medical Authorization Clarification
By signing below, I confirm:
I am the parent or legal guardian of the child(ren) listed.
I authorize WeeHive Social, LLC staff, volunteers, or agents to obtain emergency medical care for me or my child if necessary.
I understand that WeeHive Social, LLC employees may not be medically trained.
I agree to be financially responsible for all associated medical costs.
E. Photo and Video Release
I grant WeeHive Social, LLC permission to capture photos or videos of me and/or my child during participation in activities, and to use them for promotional or educational purposes in print or digital media. I understand I may opt out by notifying WeeHive Social, LLC in writing.
F. Mediation and Arbitration Clause
Any dispute, claim, or controversy arising out of or relating to this waiver or participation in WeeHive Social, LLC activities shall first be submitted to mediation in Montgomery County, Pennsylvania. If unresolved, the matter shall be settled by binding arbitration under the rules of the American Arbitration Association. I agree that arbitration is the exclusive method for resolving disputes to the fullest extent permitted by law.
By signing below, I acknowledge that I have carefully read this entire waiver, understand its contents, and agree to be bound by all terms and conditions.
