For Participation in Activities and Use of Facility
NOTICE: THIS IS A LEGALLY BINDING DOCUMENT. BY SIGNING THIS AGREEMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
This Waiver and Release of Liability ("Agreement") is entered into by and between ("Participant" or "Parent/Guardian") and The Third Place DBA The Third Place for Kids, a nonprofit organization operating in the State of Colorado ("TTP"). This Agreement is effective as of {sign_date} and shall apply to all visits to or participation in activities at the TTP facility by any minor child named herein.
1. ASSUMPTION OF RISK
I certify that I am the parent or legal guardian of the minor child {name}. I acknowledge that I may also be present in the facility, either as a supervising adult or passive participant. I understand that even if I do not actively use equipment, I may still be exposed to potential risks inherent to the environment. I further acknowledge that accompanying adults who actively participate in or use any TTP equipment or facilities do so voluntarily and assume all risks associated with such participation to the same extent as described herein. Accordingly, I knowingly and voluntarily assume full responsibility for any injury, illness, or other harm I may sustain while on the premises.
I understand and acknowledge that participation in activities at TTP involves inherent risks that may result in physical or emotional injury, paralysis, illness, permanent disability, death, or property damage. These risks include, but are not limited to: falls; equipment failure; collisions with fixed objects, equipment, or other participants; unpredictable behavior of children; elopement or sudden movement away from supervised areas; impulsive physical contact between participants; injury resulting from a child's reduced awareness of personal safety boundaries; exposure to allergens, including allergens present in food or items brought onto the premises by other visitors, or communicable diseases; and physical exertion or overstimulation.
I understand that "facility" as used in this Agreement includes TTP's indoor spaces, outdoor event areas, parking areas, entryways, pathways, and all areas of TTP's premises, and includes but is not limited to: indoor play equipment such as swings, climbing walls, suspended or loose apparatus, gross motor challenges, balance structures, and bouncing surfaces**, and outdoor structures, natural terrain, and ground surfaces at TTP's exterior event areas.** I also understand that TTP does not provide medical or therapeutic services and is not a clinical facility. No individualized therapeutic oversight is provided.
I voluntarily assume full responsibility for any and all risks, known and unknown, foreseeable or unforeseeable, associated with my child's participation at TTP, even if arising from the negligence of TTP or others. I understand that TTP staff are not responsible for supervising my child unless expressly stated in writing, and that I am solely responsible for monitoring and supporting my child's participation.
2. RELEASE AND WAIVER OF LIABILITY
In consideration of my child's participation in TTP activities, I, on behalf of myself, my child, and our respective heirs, assigns, personal representatives, and next of kin, hereby fully and forever waive, release, discharge, and hold harmless TTP, its officers, directors, agents, employees, contractors, volunteers, and affiliates from and against any and all claims, demands, causes of action, liabilities, damages, injuries, costs, or expenses (including attorney's fees) that may arise out of or relate to participation in activities at TTP or the use of its facilities or equipment, whether caused by the ordinary negligence of TTP, its staff, volunteers, or agents, or otherwise.
This waiver includes, without limitation, claims for personal injury, emotional distress, illness (including communicable disease), disability, death, or damage to property. I further agree not to bring any legal action against TTP arising from such claims.
3. INDEMNIFICATION
In addition to the release set forth in Section 2 above, I agree to indemnify, defend, and hold harmless TTP and its officers, directors, agents, employees, contractors, and volunteers from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or resulting from: (a) any act or omission by me or my child while on TTP's premises or participating in TTP activities; or (b) any claim brought by or on behalf of my child or any third party arising from my child's conduct or participation in TTP activities. This indemnification obligation applies to the extent permitted by Colorado law, is separate from and in addition to my release of TTP's own ordinary negligence claims set forth above, and does not extend to TTP's willful, wanton, reckless, or grossly negligent acts.
I further acknowledge that I am financially responsible for intentional or reckless damage to TTP's property or equipment caused by me or my child. TTP reserves the right, at its sole discretion, to seek reimbursement for such damage.
4. MEDICAL CARE AND EMERGENCIES
I authorize TTP and its staff to obtain emergency medical care for my child if I cannot be reached in a timely manner. I understand and agree that I will be responsible for any and all medical bills or related expenses incurred as a result of any illness or injury sustained at TTP, and that TTP does not carry health insurance for participants. I affirm that I have assessed my child's readiness to participate in the activities offered by TTP and have disclosed any conditions that may require accommodation.
5. INSURANCE
I acknowledge that I have adequate health, accident, and liability insurance to cover any bodily injury or property damage that may be sustained by my child or caused by my child to others. If I do not have such insurance, I agree to bear all financial responsibility personally.
6. INCLUSION & VOLUNTARY SELF-IDENTIFICATION
TTP is designed as an inclusive, welcoming space for all families, including those with neurodivergent, disabled, and/or medically complex children. I understand that TTP may ask for voluntary information about how a child self-identifies (such as neurotypical, neurodivergent, or disabled) solely for the purpose of improving accessibility and programming. No medical information, diagnosis, or protected health information is required or collected. I understand that TTP is not subject to HIPAA and will never request confidential medical records. Voluntary disclosure of any information regarding a child's identity, diagnosis, or developmental status does not create any individualized duty of care on TTP's part beyond what is required by applicable law. TTP does not provide clinical, therapeutic, or individualized support services.
7. SURVEILLANCE AND SAFETY MONITORING
I acknowledge that for the safety and security of all visitors, TTP may use surveillance cameras in common areas of the facility. These cameras are used solely for security purposes and are never installed in private areas such as restrooms.
8. PHOTO & VIDEO RELEASE
TTP regularly captures photos and videos of our space in use to celebrate our community and promote our mission. Occasionally, trusted partners or influencers may also film or photograph the space while under TTP's supervision and consistent with our privacy standards.
By signing this Agreement, I grant TTP permission to use photos or videos that may include me and/or my child(ren) for promotional, marketing, fundraising, and educational purposes, in perpetuity and without compensation. I further grant TTP permission to share selected images or footage with approved third parties (such as press, partners, or influencers) strictly for purposes aligned with TTP's mission. No names will be shared without additional explicit consent.
I understand that if I have opted out of photo and video use on the intake form, I must also inform a TTP staff member upon arrival at each visit so that a visual indicator (such as a wristband or sticker) can be provided. I acknowledge that TTP will make reasonable efforts to exclude me and/or my child(ren) from photography and videography, but is not liable for incidental inclusion if this opt-out procedure is not followed by the participant upon arrival at each visit.
9. NO DROP-OFF POLICY
TTP is not a licensed childcare provider. Children may not be left unattended at any time. I understand that I, or a responsible adult designated by me, must remain present in the facility during my child's visit unless otherwise stated in writing by TTP. During licensed third-party events, separate agreements govern supervision requirements.
10. ILLNESS AND COMMUNICABLE DISEASE POLICY
I agree not to bring my child to TTP if they are actively ill, running a fever, or experiencing symptoms of contagious conditions (including but not limited to COVID-19, RSV, or flu-like symptoms). I understand that while TTP follows reasonable cleaning and safety protocols, it cannot guarantee a virus-free environment. I release TTP from any claims related to the contraction of any illness, virus, or infection while on site.
11. SEVERABILITY AND VENUE
I agree that this Agreement shall be governed by the laws of the State of Colorado. If any provision is found to be unenforceable or invalid, the remainder of the Agreement shall remain in full force and effect. Any legal action arising from this Agreement shall be brought in a court of competent jurisdiction in Douglas County, Colorado.
12. ENTIRE AGREEMENT
This Agreement represents the entire understanding between TTP and the undersigned regarding liability and participation. It supersedes any previous agreements or representations, whether oral or written.
13. RIGHT TO REFUSE OR REMOVE PARTICIPANTS
TTP reserves the right to refuse entry to, or remove from the premises, any participant or accompanying adult at any time and for any lawful reason, including but not limited to safety concerns or violations of TTP's policies, and consistent with applicable state and federal law. No refund obligation arises solely from the exercise of this right for safety-related reasons.
ACKNOWLEDGEMENT & SIGNATURE
By signing this Agreement, I represent and warrant that I am the parent or legal guardian of the minor child named herein, or that I have been duly authorized by a parent or legal guardian to execute this Agreement on their behalf. I understand that under Colorado law, only a parent or legal guardian may waive a minor child's prospective negligence claims, and I accept full legal responsibility for the accuracy of this representation. I understand this Agreement is executed pursuant to C.R.S. § 13-22-107, which permits a parent or legal guardian to waive a minor child's prospective claims for ordinary negligence.
I agree that an electronic signature on this Agreement is legally valid and binding to the same extent as a handwritten signature, pursuant to the Colorado Uniform Electronic Transactions Act, C.R.S. § 24-71.3-101 et seq.
I have read this Agreement in full, understand its contents, and agree to be bound by its terms on behalf of myself and the minor child {name}. I acknowledge that I am voluntarily giving up certain legal rights on behalf of myself and my child.
