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MAGICAL MESS POLICIES AND ASSUMPTION OF RISK, WAIVER, AND RELEASE


The individual named below (referred to as "I" or "me") desires of being permitted to enter the premises of and/or participate in supervised play activities (the "Activities") at, and, if applicable, for his or her minor children to enter the premises of and/or participate in the Activities at, Magical mess located at 3300 Monroe AV. Suite 108 Rochester NY. 14618 (“Magical mess"), Magical mess in 3300 Monroe AV. Rochester NY. 14618 As lawful consideration for being permitted by the Company to enter Magical mess premises and participate in the Activities, I agree to all the terms and conditions set forth in this agreement (this "Agreement").


Policies and Procedures (Subject to change at any time without prior notice)

1. I assume full responsibility for my own safety and conduct, and the supervision, safety, and conduct of my child(ren), while on or about The Magical mess. I will remain on the premises at all times while my child(ren) is/are on premises and/or participating in the Activities. 

2. LIMIT TWO (2) CHILDREN PER ADULT. 

3. Please read all signs posted throughout Magical Mess and note the age restrictions in each exhibit/play area. 

4. Magical mess is designed for children under seven (7) years of age. The Company reserves the right to refuse admittance to any children over seven (7) years of age and/or who do not fit the height and size requirements applicable to the Activities. 

5. For safety reasons, children between seven (7) and eighteen (18) years of age are not permitted to enter into the designated play areas (Magical mess). Any child entering into the Playspace must be accompanied by a parent or guardian at all times. 

6. All adults and children must wear socks while in the play-space. Socks are available for purchase. Outdoor footwear is prohibited in the Playspace. The Company reserves the right to refuse entrance to the Play-space to anyone who does not have the proper footwear. 

7. Please do not bring any child(ren) into Magical mess when they are ill or have a communicable medical condition. The Company reserves the right to restrict and/or refuse a child’s admission in the event the Company determines, in its sole and absolute discretion, the child is ill and/or presents a risk to the health or wellbeing of others. 

8. While on or about Magical mess premises, I and my child(ren) will conduct ourselves in a manner that does not threaten the health, wellbeing or full enjoyment of others. 

9. No rough play or fighting while on or about the Playspace or Magical Mess premises. The Company does not tolerate bullying, fighting and/or rough/horse play and reserves the right to refuse admittance to any individual involved in bullying, fighting, rough/horse play and/or disrespecting others. In the event the Company determines, in its sole and absolute discretion, an individual is acting in violation of this policy, such individual (and, if applicable, his/her/their parent(s), guardian(s), and/or children will be asked to exit the premises and will not be entitled to a refund of any amounts incurred in connection with the Activities, including admission to Magical Mess and/or other Activity-related fees. 

10. The Company will make reasonable efforts to monitor and reserves the right to limit the number of people who occupy any area of Magical mess.

11. No food or beverage, including gum and candy, may be brought into the Playspace or designated areas. Please restrict all food and beverages to the cafe area or, when attending a birthday party, the event area.

12.Magical Mess is a nut free facility. Please do not bring or consume on premises any nuts or products that contain nuts. 

13. Please respect the equipment, the toys, and others. No sharp or glass objects allowed in the play space or Magical mess premises. 

14. The Company is not responsible for loss, theft or damage of any personal property. Do not leave valuables or personal belongings unattended. 


15. The Company reserves the right to open and close the premises or any portion of the Play-space in its sole and absolute discretion. Posted hours are subject to change without prior notice for construction, maintenance, special events, holidays, or other purposes. In the event a portion of the Play-space is closed, I agree I shall not be entitled to a refund of any amounts, including pro rata with respect to such closed portion(s).


16. Any individual desiring entrance to the Play-space and participation in the Activities, including parents, guardians, or other individuals over eighteen (18) years of age, must agree to the terms and conditions herein in order to gain entry. 


Assumption of Risk, Waiver, and Indemnification


I AM AWARE AND UNDERSTAND THAT ENTRY INTO THE PLAY LAB AND PARTICIPATION IN THE

ACTIVITIES INVOLVE DANGER AND THE RISK OF PROPERTY DAMAGE AND/OR SERIOUS INJURY, INCLUDING BUT NOT LIMITED TO FALLING, BUMPING, RISKS FROM ABRASIONS, SCRAPES, CUTS, BURNS, BROKEN, SPRAINED OR BRUISED LIMBS, AND EVEN MORE SERIOUS INJURIES SUCH AS PARALYSIS OR DEATH, WHICH DANGERS AND RISKS I VOLUNTARILY ASSUME. I ACKNOWLEDGE THAT ANY INJURIES I OR MY CHILD(REN) SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE AND HEREBY VOLUNTARILY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.


I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, affiliates, agents, employees, shareholders, successors and assigns (“Releasees”) from all liability to me, my personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefor, on account of injury, death, or property damage, arising out of or attributable to my presence in, upon, or about Magical Mess whether in connection with my participation in the Activities and whether caused by the negligence of Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasees, and forever release and discharge the Company and all other Releasees from liability under such claims.


Furthermore, I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, injuries, illnesses, medical conditions, damages, actions, claims, liabilities, judgments, awards, interest, penalties, fines, costs, or expenses of whatever kind, including attorney’s fees and court costs, fees and costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any negligent, grossly negligent, or deliberate act or omission by my children or myself.


I understand that this is a permanent waiver to be kept on file by Magical mess for today’s visit and all subsequent and future visits.


I expressly agree that the Company may use photos and/or video taken of children and/or caregivers at Magical Mess for archival and publicity purposes. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. I further expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that, if any portion hereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. I have read and voluntarily sign this Agreement, and further agree that no oral representations, statements, or inducement, apart from the foregoing written agreement, have been made.





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First Participant's Name

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First Participant's Date of Birth*
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Second Participant's Name

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Second Participant's Date of Birth*
Third Participant's Name

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Third Participant's Date of Birth*
Fourth Participant's Name

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Fourth Participant's Date of Birth*
Fifth Participant's Name

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Fifth Participant's Date of Birth*
Sixth Participant's Name

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Seventh Participant's Name

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Seventh Participant's Date of Birth*
Eighth Participant's Name

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Eighth Participant's Date of Birth*
Ninth Participant's Name

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Ninth Participant's Date of Birth*
Tenth Participant's Name

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Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

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Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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