Liability Waiver

In consideration for gaining access to and engaging the services of The Olivia Catherine Company, LLC dba Sugar Plum Parties, Westport, CT ("Sugar Plum Parties” or "Party Venue”) including their members, managers, directors, officers, employees, agents and representatives, on behalf of myself, my spouse, children, parents/guardians, heirs, assigns, personal representatives, estate and insurers, if any, I agree as follows:

 

 

I acknowledge that my participation in a Sugar Plum Parties event and activities entails known and unanticipated risks that could result in physical or emotional injury, including, but not limited to, bodily injury or property damage. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the event and activities. I expressly agree and promise to accept and assume all of the risks existing in such events and activities. My participation in such events and activities is purely voluntarily and I elect to participate notwithstanding such risks.

 

 

If I am injured, I acknowledge that I may require medical assistance, which I understand will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medial expense. I UNDERSTAND THAT SUGAR PLUM PARTIES WILL NOT PAY FOR ANY COST OR EXPENSE INCURRED BY ME IF I AM INJURED UNLESS SUCH INJURY WAS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUGAR PLUM PARTIES.

 

 

I release and discharge Sugar Plum Parties of and from any and all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to Sugar Plum Parties’ resulting from my participation in a Sugar Plum Parties event or activities, other than directly and solely resulting from Sugar Plum Parties’ gross negligence or willful misconduct. Further, I shall not bring any claim, demand, lawsuit, legal or administrative action against Sugar Plum Parties in respect of any of the foregoing. Should Sugar Plum Parties be required to incur attorneys’ fees, expenses or other costs to enforce this Agreement, I agree to indemnify and hold Sugar Plum Parties harmless for all such fees, expenses or other costs. I certify that I am physically able to participate in all Sugar Plum Parties events and activities. I have been informed of the rules governing my participation in Sugar Plum Parties events and activities (the "rules”) and that failure to follow the rules could result in being removed from such event or activity.

 

 

I grant to Sugar Plum Parties, its representatives, and employees the right to take photographs of me and my property in connection with the above-identified subject. I authorize Sugar Plum Parties, its assigns, and transferees to copyright, use and publish the same in print and/or electronically. I agree that Sugar Plum Parties may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.

I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.

 

I further acknowledge that Sugar Plum Parties has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

 

I further acknowledge that Sugar Plum Parties cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff, and other customers and their families.

 

I am voluntarily participating in events and activities provided by Sugar Plum Parties and acknowledge that I could increase my risk of exposure to the Coronavirus/COVID-19.

 

I acknowledge that I must comply with all set procedures to reduce the spread whileattending an event.

 

I attest that I/my child (event participant):

 

*Are not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.

 

*Have not been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.

 

*Have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as noncontagious by state or local public health authorities.

 

*Are not currently awaiting the results of a Covid-19 Antigen or PCR tests

 

*Are following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.

 

I hereby release and agree to hold Sugar Plum Parties harmless from, and waive on behalf of myself, my heirs, my guests and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the party venue, or that may otherwise arise in any way in connection with any events or activities held at Sugar Plum Parties. I understand that this release discharges Sugar Plum Parties from any liability or claim that I, my heirs, my guests or any personal representatives may have against the party venue with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, participation in any events and/or activities led by Sugar Plum Parties.

 

This liability waiver and release extends to the party venue together with all owners, partners, and employees.

 

If any term, condition or provision, or any portion of this Agreement is determined to be invalid or unenforceable under any statute or rule of law, such provision shall be enforced to the maximum extent possible to give effect thereto, and the remainder of this Agreement shall remain in full force and effect to the maximum extent permissible without being impaired or invalidated in any way. This Agreement shall be governed by and construed in accordance with the laws of Connecticut without regard to the conflict of laws provisions thereof.

 

 

 

I represent that I am a parent/guardian of the minor whose name appears on the Booking Form or that I have been granted power or attorney on behalf of the parent/guardian of such minor. In the event that I do not have the requisite authority on behalf of this minor, I agree that I shall be solely liable for any and all actions, causes of actions, penalties, claims, costs, services, compensation or the like resulting from this misrepresentation.