THE BIG BOX – FAMILY ENTERTAINMENT HUB

LIABILITY WAIVER AND HOLD HARMLESS AGREEMENT

As participant and as parent or legal guardian of the child whose name is set forth below (who is referred to herein as the “Participant”) and in consideration of the Participant being permitted to participate in any activity, program, or party at THE BIG BOX – FAMILY ENTERTAINMENT HUB, the Participant and I agree as follows:

1. Assumption of Risk – I acknowledge that by participating in the indoor playground, aerial rope course, parties, events and/or any other services offered at THE BIG BOX - FAMILY ENTERTAINMENT HUB, and/or by using the entertainment facilities at THE BIG BOX - FAMILY ENTERTAINMENT HUB creates a risk of severe physical and/or emotional injury to the Participant. Injuries that could result will vary, but may include (a) minor injuries such as scratches, trauma, bruises and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries and concussions; and (c) catastrophic injuries, including paralysis and even death. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and the Participant and our respective heirs, personal representatives and assigns, understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any injury arising out of or related to the Activities. Such risks and hazards include but are not limited to; falls on or from the equipment, tripping, collisions with the equipment or with other participant, malfunction of equipment or equipment failure etc.
2. Release, Discharge and Agreement Not To Sue – I, for myself and the Participant and our respective heirs, personal representatives and assigns, do hereby release, discharge and agree not to sue THE BIG BOX - FAMILY ENTERTAINMENT HUB and its managers, members, employees and/or other agents, for any injury to or death of myself, Participant, and our respective heirs, personal representatives and assigns, arising, directly or indirectly, from participation in any and all activities, programs, and/or parties at THE BIG BOX - FAMILY ENTERTAINMENT HUB. This release, discharge and covenant not to sue shall relate to any and all claims or legal rights now existing or arising in the future, including claims and legal rights arising out of any negligence of THE BIG BOX - FAMILY ENTERTAINMENT HUB and/or its managers, members, employees and/or other agents and any other breach of a legal duty arising out of common law, statute, contract or otherwise.
3.  Indemnification And Hold Harmless – I agree to indemnify THE BIG BOX - FAMILY ENTERTAINMENT HUB and hold harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees and costs, incurred due to claims brought by any third party as a result of or arising out of the Participant’s involvement in any and all activities, programs, and/or parties at THE BIG BOX - FAMILY ENTERTAINMENT HUB and to reimburse THE BIG BOX - FAMILY ENTERTAINMENT HUB for any such costs, expenses and fees as they are incurred.
4. Parent or Legal Guardian Certification and Consent -I hereby certify that I am the parent or legal guardian of the Participant whose name appears below, and I have authority to waive rights on behalf of the minor Participant. I have read and I understand all of the provisions of this document and the risks identified in paragraph 1 herein-above. I understand that the Activities could cause injury and even death. I acknowledge that I have read and understand the terms of this document and I am freely and voluntarily signing this document.
5. By signing this waiver, you agree to allow THE BIG BOX – FAMILY ENTERTAINMENT HUB to store and use the personal information you provide to contact you with offers and updates on our services.
6. Severability – This document is intended to be as broad and inclusive as is permitted by the laws of the Government of Alberta and if any provision (or a part of any provision) contained herein is deemed to be invalid, the balance of the provisions shall continue in full legal force and effect, notwithstanding such invalidity.
7. Use of photography and/or videos - THE BIG BOX - FAMILY ENTERTAINMENT HUB May use any photography/video taken at its entertainment space, without the expressed written permission of those included within the photograph/video. THE BIG BOX - FAMILY ENTERTAINMENT HUB may use the photograph/video in publications or other media material produced, used or contracted by THE BIG BOX - FAMILY ENTERTAINMENT HUB including but not limited to: invitations, magazines, newspapers, brochures, television, social media, websites, etc. A person attending a THE BIG BOX - FAMILY ENTERTAINMENT HUB event who does not wish to have their image recorded should make their wishes known to THE BIG BOX - FAMILY ENTERTAINMENT HUB, at 922 64th Ave NE #120, Calgary, AB, Canada, T2E 8S8. By participating in THE BIG BOX - FAMILY ENTERTAINMENT HUB or by failing to notify THE BIG BOX - FAMILY ENTERTAINMENT HUB, in writing, your desire to not have your photograph used by THE BIG BOX - FAMILY ENTERTAINMENT HUB, you are agreeing to release, defend, hold harmless and indemnify THE BIG BOX - FAMILY ENTERTAINMENT HUB from any and all claims involving the use of your picture.
8. Infectious Diseases – THE BIG BOX – FAMILY ENTERTAINMENT HUB has put in place preventative measures to reduce the spread of infectious disease, similar to and including Pandemic causing COVID-19; however, THE BIG BOX – FAMILY ENTERTAINMENT HUB cannot guarantee that you or your child(ren) will not become infected with such infectious diseases including COVID-19. Further, attending THE BIG BOX – FAMILY ENTERTAINMENT HUB could increase your risk and your child(ren)’s risk of contracting infectious diseases including COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and similar diseases, and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 and similar diseases by attending THE BIG BOX – FAMILY ENTERTAINMENT HUB and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 and similar diseases at THE BIG BOX – FAMILY ENTERTAINMENT HUB may result from the actions, omissions, or negligence of myself and others, including, but not limited to, THE BIG BOX – FAMILY ENTERTAINMENT HUB employees and other customers and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren), accompanying family members or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, my child(ren) or my accompanying family members may experience or incur in connection with my, my child(ren)’s or my accompanying family member’s attendance at THE BIG BOX – FAMILY ENTERTAINMENT HUB. On my behalf, and on behalf of my children and family members, I hereby release, covenant not to sue, discharge, and hold harmless THE BIG BOX – FAMILY ENTERTAINMENT HUB, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the THE BIG BOX – FAMILY ENTERTAINMENT HUB, its employees, agents, and representatives, whether a COVID-19 infection (or similar infection) occurs before, during, or after I/We patronize THE BIG BOX – FAMILY ENTERTAINMENT HUB.
9. Protection of Belongings and Parking - All personal belongings and valuables should be responsibility of owner/signee/customer. THE BIG BOX - FAMILY ENTERTAINMENT HUB will not be responsible for any loss or stolen items and/or belongings and will be in no situation liable to pay the owner/signee/customer for lost valuables/belongings/items. 
   

I understand that my agreement and completion of this Waiver on the first visit will authorize THE BIG BOX - FAMILY ENTERTAINMENT HUB to use it as a continuous waiver for myself and my child’s/children’s ongoing participation in the Activities or use it as a Waiver executed for other child/children. I hereby expressly authorize THE BIG BOX - FAMILY ENTERTAINMENT HUB to use this Waiver as a multi-use waiver until I have expressed to change this in writing.

COVID-19 WAIVER

I, as primary member of family, along with said number of family members, accept the following affirmations before entertaining ourselves at The Big Box – Family Entertainment Hub today:

• I understand the COVID-19 symptoms and affirm that I, as well as all members of my household, do not currently have nor have experienced COVID-19 symptoms within the last 14 days.
• I affirm that I, as well as all members of my household, have not been diagnosed with COVID-19 within the last 14 days.
• I affirm that, to my knowledge, in the last 14 days we have not been in contact with anyone who has been diagnosed with COVID-19.
• I affirm that if we traveled outside of Canada in the last month, I isolated in my home for 14 days upon my return.
• If a potential COVID-19 exposure occurs at this business, I consent to provide our name and contact information to Alberta Health Services for the purpose of contact tracing.

By signing this form, I acknowledge that I am aware of the risks involved and give consent to use the facility.

I HAVE READ THE ABOVE WAIVER AND BY SIGNING IT I AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE “THE BIG BOX - FAMILY ENTERTAINMENT HUB” FROM ALL LIABILITY ARISING FROM UTILIZING THE FACILITIES.