RULES AND EXPECTATIONS

Acknowledging participation in the activities at The Backyard Whidbey, the undersigned, on his or her own behalf, and on behalf of any executors, heirs, successors and assigns, hereby acknowledges and agrees as follows: Unless otherwise stated, The Backyard is an unsupervised play space. All children must be accompanied by an adult at all times, and The Backyard is not responsible for any injury that may occur. The Backyard is a welcoming, inclusive, and safe play space. No throwing, pushing, hitting, spitting, inappropriate language, or discrimination will be tolerated. Anyone breaking these rules will be asked to leave. Respect others using The Backyard. Be considerate, take turns, do not cut when “lines” form to play on certain pieces of equipment. Run and jump (or let your children run and jump) at your own discretion. Accidents happen! If you or your child has an accident (large spill, bathroom or illness accident), please notify us right away so that we can thoroughly clean and sanitize the area. Follow any and all additional rules posted around the playground!

WAIVER AND RELEASE OF LIABILITY

1. The risk of injury from using the playground is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

2. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of The Backyard Whidbey staff immediately.

3. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, indemnify, and hold harmless The Backyard Whidbey, their officers, officials, agents and/or employees, volunteers, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessor’s of premises used for the activity ("Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property associated with my presence or participation, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

4. I understand that adult supervision of each child by that child

RELEASE

In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by The Backyard Whidbey I, the undersigned hereby release The Backyard Whidbey, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with The Backyard Whidbey to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

INDEMNIFICATION

The participant recognizes that there is risk involved in the types of activities offered by The Backyard Whidbey. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless The Backyard Whidbey, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by The Backyard Whidbey, at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training by The Backyard Whidbey.