“Doze and Dig” means Doze and Dig, LLC, including, to the extent applicable, any officer, agent, director, member, shareholder, or owner of Doze and Dig.
“Activity” means and includes various activities that may be put on by Doze and Dig, including, but not limited to, playing, digging, running, and similar activities in the facilities of Doze and Dig and use of the toys, tools, and equipment of Doze and Dig.
The undersigned (“Guardian”) certifies that he/she is the parent or legal guardian of the minor Participant. Guardian states that he/she is an adult and fully competent to sign this Agreement, that he/she has the legal authority to do so on behalf of Participant, and that he/she executes this release for full, adequate, and complete consideration as detailed below, fully intending to be bound by the same.
In consideration for the right to allow Participant to enter the facilities of Doze and Dig in Omaha, Nebraska, and to engage in the Activity, Guardian agrees and states as follows: Guardian states that there are no health-related reasons or problems which preclude or restrict Participant(s)’ participation in the Activity.
Guardian acknowledges that Doze and Dig, including its employees, officers, and agents, do not provide childcare services or child watching services during the time the Participant is engaging in the Activity.
Guardian acknowledges that entry into the facilities of Doze and Dig requires presentation of a valid driver's license or state-issued identification for all adults, including guardians and accompanying individuals. Such identification will be checked against the national sex offender database, and any individual listed on the database will be denied entry.
Guardian states that he/she understands and appreciates the danger and risk inherent in participating in the Activity. The dangers and risks may include illness, injury to the Participant’s body and/or property, and could include serious or fatal injuries, among other risks.
Being fully apprised of the risk of injury and/or damage to property, and in consideration of Participant being permitted to participate in the Activity, on behalf of Participant, Participant’s family, heirs, and personal representative(s), Guardian agrees to assume all the risks and responsibilities regarding Participant’s participation in the Activity.
Guardian agrees that Participant and Guardian must comply with all rules, policies, and guidelines of Doze and Dig facilities. Failure to follow such rules may result in immediate removal from the premises without refund or further compensation, at the sole discretion of Doze and Dig staff.
Guardian, on behalf of Participant and themselves, releases, discharges, and covenants not to sue Doze and Dig for any and all liability for any harm, damage, claims, demands, actions, causes of action, costs, and expenses of any nature that Participant may have or that may hereafter accrue to me, arising out of or related to any loss, damage, injury, including but not limited to suffering and death, that may be sustained by Participant, whether caused by the negligence or carelessness of Doze and Dig, or otherwise.
Guardian, on behalf of Participant, Participant’s heirs, assigns, personal representatives, and next of kin, hereby agrees to release, indemnify, and hold harmless Doze and Dig to the extent permitted by law.
In signing this Release, Guardian acknowledges and represents that he/she has carefully read this Agreement, understands its content, and that Guardian signs this document as his/her own free act.
Guardian authorizes Doze and Dig to use photos of Participant, with participants permissions, that may be taken during the Activity, on any type of medium, for marketing or other purposes, without any compensation to Participant.
Guardian agrees that the unique concept, design, and operational model of Doze and Dig, including but not limited to its sand, activities, facilities, toys, tools, and equipment, constitute proprietary intellectual property. Guardian covenants not to copy, replicate, or imitate this concept in any manner at any other facilities or locations within a 20-mile radius of Doze and Dig's facilities in Omaha, Nebraska or surrounding communities.
This Release shall be construed in accordance with the laws of the State of Nebraska. Any suit brought against Doze and Dig related to the Participant’s engagement in the Activity shall be brought in the District Court of Douglas County, Nebraska.
If any term or provision of the Release shall be illegal, unenforceable, or in conflict with any law governing this Release, the validity of the remaining portions shall not be affected thereby.
This Agreement represents the complete and final understanding between me (the Participant and/or Parent/Guardian) and Doze and Dig. It replaces and cancels all prior or future oral or written agreements, understandings, or modifications relating to the subject matter. If any part of this Agreement is ruled invalid, illegal, or unenforceable by a court, that specific part will be removed, and the rest of the Agreement will remain fully valid and enforceable. This Agreement shall be governed by and interpreted according to the laws of the state where the Doze and Dig facility is located.
I HAVE HAD AMPLE TIME TO REVIEW THIS ENTIRE AGREEMENT, I HAVE READ AND FULLY UNDERSTAND IT, AND I VOLUNTARILY AGREE TO BE BOUND BY ALL OF ITS TERMS. I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT I AM WAIVING IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES, AND I DO SO FREELY AND WITHOUT ANY PRESSURE OR INDUCEMENT. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION THAT THE PARTIES MAY ENFORCE.
