Birthday Party Waiver

Assumption of Risk, Release, Waiver, and Indemnification BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PLEASE READ CAREFULLY! TO: SPROUTS GROWING BODIES AND MINDS INC. (HEREINAFTER REFERRED TO AS “SPROUTS”) ASSUMPTION OF RISKS I am aware and hereby acknowledge, agree, and accept the risk of injury and illness inherent in any physical activity and/or program, including but not limited to those programs offered by Sprouts (hereinafter the “activities”) and that the activities involve risks, dangers, and hazards including, but not limited to: falling, mechanical failure of the equipment; loss of balance or control; collision with other persons; illness or trauma; the proximity of medical care which may or may not be readily available; the failure to act safely or within one’s own ability or to stay within designated areas; negligence of other members and/or other persons; and negligence on the part of Sprouts or its employees and contractors, including the failure on the part of Sprouts or its employees and/or contractors staff to safeguard or protect me from the risks, dangers, and hazards of the activities. I am aware of the risks, dangers, and hazards associated with the activities and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage, and loss resulting therefrom. RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT In consideration of Sprouts accepting my application for admission and/or membership, and permitting my use of its facilities, classrooms, washrooms, change rooms, and/or the parking facilities (hereinafter referred to as “the facilities”), I hereby agree as follows: TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Sprouts, and its shareholders, directors, officers, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors, representatives and assigns (all of whom are hereinafter collectively referred to as “THE RELEASEES”), and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from either my use of or my presence on the facilities or travel due to any cause whatsoever, including negligence, breach of contract, mistakes or errors in judgment, or from injuries resulting from mechanical breakdown or failure of equipment, or poor design or placement of any equipment, or breach of any statutory or other duty of care, including any duty of care under the Occupiers Liability Act, R.S.O. 1990, Chapter O.2 on the part of the releasees, and also including the failure on the part of the releasees to safeguard or protect me from the risks, dangers and hazards of the activities referred to above; TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use or my child’s/ward’s and/or my child’s caregivers use of or presence on the facilities; This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity; This Agreement and any rights, duties, and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; Any litigation involving the parties to this Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario. By entering into this Agreement I am not relying upon any oral or written representations or statements made by the Releasees with the respect to the safety of the activities other than what is set forth in this Agreement. This Agreement shall apply to all subsequent admissions or membership renewals. Please do not bring children to Sprouts when they are ill or have a medical condition that is communicable. We reserve the right to restrict admission and/or send a child home, when, in our opinion, that child is ill or risks the health or well-being of other children OR staff. The parent/guardian assumes full responsibility for the conduct of himself/herself, the parent/guardian's children and the authorized caregiver. The parent/guardian agrees that he/she or their authorized caregiver shall remain on the premises In addition, all parents and caregivers are responsible for their child’s supervision and safety while in the indoor playground areas. All parents/guardians, their children, and their caretakers shall conduct themselves in ways that do not threaten the health, well-being, and full enjoyment of Sprouts to other parents/guardians, their children, and caretakers. Sprouts reserves the right to limit the number of children/caregivers that are in any enclosed area, including the indoor playground, at any one time. Sprouts will make reasonable efforts to monitor the number of children/caregivers in such enclosed areas, including the indoor playground. Parents/guardians acknowledge that such effort is made in order to provide a safe and fun environment with limited inconvenience as possible. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY ACCEPTING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.