5
Agreement & deposit
FRESH PLAY CAFE LLC
BIRTHDAY PARTY HOST & GUEST LIABILITY WAIVER, RELEASE & ASSUMPTION OF RESPONSIBILITY
RELEASE OF LIABILITY
In consideration of Fresh Play Cafe LLC providing children’s birthday party, food, event, play, and rental services, I, the undersigned Birthday Party Host/Parent/Legal Guardian, hereby acknowledge and agree to the terms of this Birthday Party Host & Guest Liability Waiver.
I, on behalf of myself and, to the fullest extent permitted by law, the children and guests under my supervision or responsibility, release and forever discharge Fresh Play Cafe LLC, its owners, agents, employees, representatives, successors, assigns, affiliates, and related persons or entities from claims, demands, damages, actions, causes of action, or suits arising from or related to participation in the birthday party and activities at the facility, except to the extent such liability cannot legally be waived.
This waiver applies to the activities and risks identified in the original Fresh Play Cafe LLC waiver, including running, playing, sliding, climbing, slipping, jumping, craft materials, food preparation, choking hazards, goods sold, children’s parties and event services, and exposure to known or unknown allergens.
HOST FAMILY RESPONSIBILITY FOR ALL PARTY GUESTS
By signing this agreement, the Birthday Party Host/Parent/Legal Guardian accepts responsibility for all guests invited to or attending the birthday party, including children and adults accompanying those children.
The Host agrees to:
1. Ensure that all party guests follow Fresh Play Cafe LLC’s rules, safety instructions, and staff directions.
2. Accept responsibility for supervising the party guests and ensuring that children are appropriately supervised by their parents, legal guardians, or responsible adults.
3. Be responsible for property damage, excessive mess, destruction, or other damage to Fresh Play Cafe LLC property caused by the Host, the birthday child, or any party guest, to the extent permitted by law.
4. Be responsible for claims, damages, losses, or expenses arising from the actions or conduct of the Host or party guests, to the fullest extent permitted by Arkansas law.
5. Understand that signing this waiver does not eliminate a parent or legal guardian’s responsibility for supervising their own child.
6. Understand that Fresh Play Cafe LLC reserves the right to ask any guest to stop an unsafe or inappropriate activity or to leave the facility when permitted by applicable law and facility policies.
GUEST WAIVER & HOST ACKNOWLEDGMENT
The Host understands that this document is intended to establish the Host’s responsibility for the birthday party and the conduct of the party guests.
Each parent/legal guardian of a minor guest should be given the opportunity to review and execute Fresh Play Cafe LLC’s applicable individual liability waiver. The Host’s execution of this document does not represent that the Host is legally authorized to waive a minor guest’s individual legal rights on behalf of that child unless the Host is the child’s parent or legal guardian.
The Host acknowledges that Fresh Play Cafe LLC may require individual waivers from guests or their parents/legal guardians as a condition of participation.
FOOD, ALLERGIES & PARTY ACTIVITIES
The Host acknowledges that birthday parties may involve food, beverages, cake, candy, party favors, craft materials, and other items that may create risks including choking hazards or allergic reactions.
The Host agrees to notify Fresh Play Cafe LLC of known allergies or special concerns before the party and understands that Fresh Play Cafe LLC cannot guarantee an allergen-free environment.
INDEMNIFICATION & RESPONSIBILITY
To the fullest extent permitted by law, the Host agrees to be financially responsible for claims, damages, losses, or expenses resulting from the negligent, reckless, intentional, or otherwise wrongful conduct of the Host, the birthday child, or any party guests for whom the Host is responsible.
This provision does not require the Host to assume responsibility for liability that cannot legally be transferred or waived under applicable law.
ARKANSAS LAW
This Release and Waiver shall be governed by and construed in accordance with the laws of the State of Arkansas.
By signing below, I acknowledge that I have read and understand this agreement, understand that participation in birthday party activities involves inherent risks, and voluntarily agree to the terms contained herein.