Release of Liability, Waiver & Assumption of Risk Agreement 

As the parent or legal guardian (hereinafter “Guardian”) of the child or children named below (hereinafter “Guest” or “Guests”), I grant permission for said Guest(s) to participate in the activities, parties, and/or other functions at Wild Things LLC d/b/a Wild Things Indoor Playground (hereinafter “Wild Things”).

In consideration of being allowed entry and/or participation in any use of the facility, play spaces, climbing structures, slides, toys, equipment, activities, membership, or parties offered at Wild Things, the undersigned Guardian, on behalf of themselves and all Guest(s) entering with them (collectively, the “Covered Parties”), acknowledges and agrees to the following conditions of this Release of Liability, Waiver & Assumption of Risk Agreement (hereinafter “Agreement”):

  • I represent that I am at least 18 years of age and am the parent or legal guardian of the Guest(s), or I have obtained permission from the Guest(s)’ parent/legal guardian to execute this Agreement on their behalf.

  • I acknowledge that Wild Things is a staff-less, unsupervised play facility. As the Guardian or responsible adult, I am solely responsible for supervising the Guest(s) at all times, ensuring their safety, and remaining in close proximity and visual contact. Every Guest must have paid admission for the day of attendance, a completed and signed Liability Waiver, and be accompanied by an adult (defined as an individual age 18 or older) at all times.

  • I agree that the Covered Parties shall comply with all posted safety and security signage, playground rules, and any verbal instructions given in connection with Wild Things. In the absence of specific direction, I will nevertheless engage in all activities in a responsible and safe manner.

  • I represent that the Covered Parties are in good health and physically able to participate in the activities at Wild Things.

  • I agree to stop unsafe, inappropriate, or aggressive play immediately and to report any unsafe conditions to Wild Things without delay.

  • I understand that participation at Wild Things is completely voluntary and involves inherent risks, both known and unknown, including but not limited to physical injuries or death, accidents,  and exposure to contagious illnesses.  The Covered Parties knowingly and freely assume all such risks, including those arising from the negligence of other guests.

  • I acknowledge that despite efforts to maintain a clean facility, an inherent risk of exposure to contagious viruses or illnesses exists in any public space. By entering Wild Things, I voluntarily assume all risks related to such exposure.

  • I accept full responsibility for any damages to Wild Things caused by myself or my Guest(s), whether willful, negligent, or reckless.

  • I understand and agree that participation may be revoked at any time, without refund, for misconduct, reckless or dangerous behavior, violation of playground rules, or breach of this Agreement by any Covered Party.

  • I acknowledge that Wild Things is monitored by video surveillance.

  • I give my consent to and waive any and all rights of compensation or claim, present or future, in connection with the use of media coverage (video footage, photos, articles, etc.) of the Covered Parties’ participation in any activities at Wild Things, including but not limited to use for marketing purposes.

  • Any dispute, claim, or cause of action arising from or related to this Agreement or participation at Wild Things shall be resolved exclusively through binding arbitration conducted by a mutually agreed-upon qualified third party in Dakota County, Minnesota.

  • On behalf of myself, my heirs, successors, and assigns I agree not to sue Wild Things and its respective owners, officers, directors, employees, agents, representatives, parents, successors, and assigns and I agree to hold harmless and release Wild Things and its respective owners, officers, directors, employees, agents, representatives, successors, and assigns from any and all liability for negligence, strict liability, and breach of warranty, as well as any and all loss or damage that may be sustained by the Covered Parties regardless of the cause. I agree to defend and indemnify Wild Things and its respective owners, officers, directors, employees, members, agents, representatives, parents, successors, and assigns for any and all claims arising out of my use of the Wild Things facilities, including all costs and attorney’s fees.

  • For the avoidance of all doubt, I hereby voluntarily release, waive, forever discharge, covenant not to sue, and agree to indemnify and hold harmless Wild Things from any and all claims, demands, or causes of action, which are in any way related or connected to the Covered Parties participation in activities at or our entry upon Wild Things property, any membership, rental of any of Wild Things’ equipment, or the Covered Parties’ use of any of Wild Things’ equipment, including any such claims alleging negligence of Wild Things or the failure of Wild Things’ equipment.

  • I agree no amendments or additions to this Agreement will be binding unless in writing and signed by an authorized representative of Wild Things.  This Agreement supersedes any and all prior understandings between the parties in relation to the subject matter hereof. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right, power or remedy upon a breach by the other party will not constitute a waiver of that or any other provision of this Agreement. A waiver on any one occasion will not be deemed to be a waiver for subsequent occasions.  Any term or provision of this Agreement that is held by a court of competent jurisdiction or arbitrator to be invalid, void or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the invalid, void or unenforceable term or provision in any other situation or in any other jurisdiction.  If the final judgment of such court or arbitrator declares that any term or provision hereof is invalid, void or unenforceable, the parties agree to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases, or to replace any invalid, void or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the original intention of the invalid or unenforceable term or provision. If in any arbitration or court proceeding any provision of this Agreement relating to time periods, areas or scope of restriction is declared by the arbitrator or court to exceed the maximum time periods, areas or scope deemed reasonable and enforceable, then the time periods, areas and/or scope of restriction determined by the arbitrator or court in any proceeding will be deemed to become and thereafter be the maximum time periods, areas and/or scope enforceable under this Agreement.

  • This Agreement and the terms and conditions herein are continuing in nature and binding upon the Covered Parties for all future visits and activities at Wild Things.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW: (I) WILD THINGS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF REVENUE OR PROFITS) ARISING FROM OR CAUSED, DIRECTLY OR INDIRECTLY, BY THE USE OF WILD THINGS’ PROPERTY OR EQUIPMENT OR ENTRY INTO OR UPON WILD THINGS, OR BY ANY OTHER ACT OR OMISSION, OR BY ANY OTHER CAUSE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR BY WILD THINGS’ BREACH OF ANY AGREEMENT, OR OF ANY REMEDY OF MINE FAILING OF ITS ESSENTIAL PURPOSE; AND (II) IN NO EVENT SHALL WILD THINGS’ AGGREGATE LIABILITY TO ME FOR ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE VALUE OF THE AMOUNT PAID BY ME IN THE IMMEDIATELY PRECEDING SIX (6) MONTHS OR $1,000, WHICHEVER IS LESS.

Attorney’s Fees

If any action at law or in equity, including an action for declaratory relief or injunctive relief, is brought to enforce or interpret the provisions of this Agreement, Wild Things shall be entitled to recover its court costs and reasonable attorneys' fees from Guardian, in addition to any other relief to which Wild Things may be entitled.

By purchasing admission to Wild Things, I acknowledge that I have carefully read this Release of Liability, Waiver & Assumption of Risk Agreement, fully understand its contents, and am aware that I am releasing certain legal rights on behalf of myself and the Covered Parties that  we may otherwise have. I agree voluntarily, of my own free will, and represent that I am of legal age and competent to execute this Agreement. This Agreement shall be governed by the laws of the State of Minnesota.

I HEREBY WAIVE MY RIGHT AND THE RIGHTS OF THE COVERD PARTIES TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING OR COUNTERCLAIM OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT.

By signing below, I acknowledge that I have read and agree to the waiver terms above.