In exchange for play, activity, and use of the facilities and services, playhouses, toys, and activities of Piney Town LLC, located at 1520 Broad St, Fuquay-Varina, North Carolina, 27526,I agree for myself and for members of my family (including those listed below), to the following: A. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Piney Town LLC, or the employees or agents of Piney Town LLC.B. LOSS OF RIGHTS OF ACCESS. I agree that if I fail, or any member of my family (including those listed below) fails to abide by the rules, warnings, and oral instructions or directions given by Piney Town LLC or the employees or agents, I will forfeit my rights of use and access to the use of the facility, including termination of day passes, or memberships, without refund.ASSUMPTIONS OF THE RISK AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and my family members, and further release and discharge Piney Town LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Piney Town LLC, whether caused by the fault of myself, my family, Piney Town LLC, or third parties, including other patrons.INDEMNIFICATION. I agree to indemnify and defend Piney Town LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Piney Town LLC.FEES FOR DAMAGES. I agree to pay for all damages to the facilities of Piney Town LLC caused by any negligent, reckless, or willful actions by me or my family.APPLICABLE LAW: Any legal or equitable claim that may arise from participation in the above shall be resolved under North Carolina law.NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further acknowledge that Piney Town LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, any controversies will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.CONSENT. I, [ First Name ] [ Last Name ], consent to the participation of my child (or children) listed below, in the activity and use of the facility, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of listed minors.
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