TERMS & CONDITIONS
These terms and conditions are entered into by and between You and Heart at Play LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service” or “Terms”), govern your access to and use of the Company’s facilities located141 Route 101 A Unit 1-1, Amherst, New Hampshire (“Facility”).
1. WAIVER: All customers must read and accept our Release of Liability and Assumption of Risk form (below) before participating in any activities at the Facility.
2. PAYMENT: All sales are final. No refunds will be given if customers do not use the Facility for the full duration at the time paid for by them.
3. MANAGEMENT'S DISCRETION: We reserve the right to refuse admittance, cease to provide services to, or eject any individual or group of individuals that fail to abide by the published rules and regulations of the Facility, and/or the direction of Company staff, without refund or recourse.
4. ZERO TOLERANCE VIOLATIONS: You may be subject to immediate expulsion from the Facilities without refund or recourse for the following reasons:
a. Physically harming or assaulting an individual;
b. Using threats, harassment, intimidation, coercion, fear, or other comparable conduct toward anyone or urging other individuals to engage in such conduct with the intent to cause bodily harm;
c. Bullying, emotional abuse, sexual harassment, stalking;
d. Disrespectful behavior and harassment based upon an individual's sex, race, ethnicity, national origin, age, religion or any other legally protected characteristics will not be tolerated;
e. Defacing or destroying personal property;
f. Defacing or destroying the property of the Company;
g. Possession, controlling, or transferring a weapon or any other dangerous devices; or
h. Exhibiting other behaviors which may endanger the health and safety of others.
5. PERSONAL INFORMATION: The Company will not share your personal information for marketing or any other purposes without your consent unless where required by law. We will always respect your privacy and any personal communication between you and ourselves. We will always comply with any data protection legislation currently in force.
6. RISK OF LOSS: While we may offer space within the Facility for storage of personal items, we do not actively monitor such storage spaces and we are not responsible for loss of any personal items stored at the Facility. We discourage you from storing any valuable items at the Facility and you agree to assume all risk of loss or theft of any items that you bring into the Facility.
7. LIMITATION OF LIABILITY: SERVICES OFFERED AT THE FACILITY ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES.
8. SUCCESSORS AND ASSIGNS: You agree that all terms and conditions contained in these Terms shall be binding upon your heirs, personal representatives, lawful successors, and assigns.
9. GOVERNING LAW: All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Hampshire.
10. SEVERABILITY: If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
11. ENTIRE AGREEMENT: These Terms, together with the Release of Liability and Assumption of Risk, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
12. MODEL/ PHOTO RELEASE – The Company might use both my and my child’s or children’s likeness for marketing, social media, or other purposes. I hereby irrevocably grant the Company permission to use my and my child or children’s likeness in a photograph, video, or other digital media (collectively, “photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Company. I further irrevocably authorize the Company to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my and my child’s or children’s likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photos. I hereby hold harmless, release, and forever discharge the Company 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.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The undersigned (referred to as “I” or “me”), in my legal capacity as the parent/guardian of the minor(s) named below, desires that my child or children have access to the indoor play activities (the “Activity”) at Heart at Play LLC located at 141 Route 101 A Unit 1-1, Amherst, New Hampshire (the “Company”). In consideration of the intangible value that my child or children will gain by participating in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).
a. My choice to allow my child or children to participate in the Activity is knowing, voluntary, and made for my personal enjoyment and benefit. Each of my children participating in the Activity is in good health, and does not have any medical or other conditions that would impair my child’s ability to participate in the Activity. I understand that participation in the Activity involves physical activity. I accept all risk in my child or children engaging in the Activity and I understand that I am responsible for monitoring my child’s or children’s condition and safety during the Activity and at all times while on the Company’s premises.
b. I ACKNOWLEDGE THAT MY CHILD OR CHILDREN AND I ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITY AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
c. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, manager(s), employees, agents, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my child’s or children’s participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
d. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal courts located in New Hampshire and state courts located in Hillsborough County, New Hampshire and I hereby consent to the exclusive jurisdiction of such courts.
THIS RELEASE PROVIDES HEART AT PLAY LLC WITH MY AND MY CHILD’S OR CHILDREN’S ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY. BY SIGNING, I ACKNOWLEDGE THAT ON MY OWN BEHALF, AND ON BEHALF OF MY CHILD OR CHILDREN, (A) I HAVE READ AND UNDERSTOOD ALL TERMS OF THIS AGREEMENT, (B) I AND MY CHILD OR CHILDREN ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE HEART AT PLAY LLC, (C) I CONSENT TO AND APPROVE IN ALL RESPECTS THE TERMS OF THIS AGREEMENT, (D) I AND MY CHILD OR CHILDREN SHALL BE BOUND BY ALL TERMS OF THIS AGREEMENT, AND (E) THIS CONSENT AND APPROVAL ARE NOT REVOCABLE.