Waiver Terms

The parent or guardian named below (“I” or “me”) desires to have the participant named above (“Participant”) participate in activities (the “Activities”) provided by JIA’S LLC d/b/a Kiddie Kingdom (“Kiddie Kingdom”) of 16803 West Airport Suite 150 Richmond, TX 77407. In consideration of Participant being permitted to participate in the Activities and recognition of Kiddie Kingdom’s reliance on this agreement, I agree to the following:

1. Acknowledgement and Assumption of Risk: I acknowledge and agree that (i) the Activities are potentially dangerous and involve the risk of serious injury, disability, death and/or property damage; (ii) any injuries that Participant or I sustain may result from or be compounded by the actions, omissions, or negligence of Kiddie Kingdom or its agents, representatives, employees, managers, members, and officers including negligent emergency response or rescue operations; (iii) I VOLUNTARILY ALLOW THE PARTICIPANT TO ENGAGE IN THE ACTIVITIES WITH THE KNOWLEDGE AND EXPRESS UNDERSTANDING OF THE DANGER INVOLVED; and (iv) I ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY OR PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY ORDINARY NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE.


2. Release and Waiver: I EXPRESSLY WAIVE, RELEASE, AND DISCHARGE ANY AND ALL CLAIMS, CAUSES OF ACTION, AND DAMAGES KNOWN OR KNOWN, ARISING NOW OR IN THE FUTURE, AGAINST KIDDIE KINGDOM, AND ITS OFFICERS, MANAGER(S), EMPLOYEES, AGENTS, AFFILIATES, MEMBERS, SUCCESSORS, AND ASSIGNS (“RELEASED PARTY” OR “RELEASED PARTIES”), ON ACCOUNT OF INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS ARISING OUT OF OR ATTRIBUTABLE TO MY OR PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES (“RELEASED CLAIMS”), WHETHER ARISING OUT OF THE ACTS, OMISSIONS, ORDINARY NEGLIGENCE OR, TO THE EXTENT PERMITTED BY LAW, GROSS NEGLIGENCE OF A RELEASED PARTY. I COVENANT NOT TO MAKE OR BRING ANY CLAIM AGAINST ANY RELEASED PARTY FOR ANY RELEASED CLAIM. This release does not extend to claims for willful misconduct, intentional injury, or other claims that Texas does not permit to be released in advance by agreement.


3. Medical Emergency: In the event of an emergency, I authorize Kiddie Kingdom staff to seek medical treatment for the Participant. I understand that I am responsible for any medical expenses incurred.


4. Behavioral Responsibility: I will follow and ensure that Participant follows all play area rules and guidelines including the requirement that a parent or legal guardian over the age of 14 must accompany Participant at all times and remain within a four-foot (4ft) radius of Participant. Kiddie Kingdom may, in its sole discretion modify rules and guidelines. Failure to follow rules or guidelines may result in removal from the facility without a refund.


5. General: (a) This agreement contains the entire agreement and understanding related to the subject matter of this agreement. No party has relied upon any statement, representation, or warranty except for those expressly contained in this agreement. (b) This agreement may not be modified, amended, or waived in whole or in part except by a writing signed by the party to be bound. (c) This agreement will be construed under the laws of the State of Texas without regard to its conflict of laws provisions. (d) Venue for any action or proceeding arising out of or related to this agreement or performance under this agreement will be in Fort Bend County, Texas. (e) If any provision of this agreement is illegal or unenforceable, that provision will be deemed stricken only to the extent of such illegality or unenforceability without invalidating the remaining provisions of this agreement. All remaining provisions of this agreement will remain in full force and effect to the greatest extent permitted by applicable law.