This Agreement applies to ALL individuals entering Bright Imaginations Play Cafe (“Facility”), including but not limited to children, parents, guardians, family members, guests, spectators, and any other visitors (collectively referred to as “Participants”).
1. Assumption of Risk
I understand and acknowledge that participation in activities at the Facility and presence on the Facility premises involve inherent risks of injury, illness, property damage, or death. These risks apply to both children and adults and may include, but are not limited to:
Slips, trips, falls, or collisions with people, furniture, fixtures, toys, equipment, or other objects;
Injuries resulting from climbing, running, jumping, crawling, playing, or supervising children;
Cuts, scrapes, bruises, sprains, fractures, head injuries, or other bodily injuries;
Injuries resulting from the actions, negligence, or conduct of other guests or participants;
Injuries occurring in common areas, walkways, restrooms, parking areas, seating areas, café areas, or any other part of the Facility;
Exposure to food allergens, communicable illnesses, or other health-related risks;
Risks associated with beverages, food service, or carrying hot food and drinks.
I knowingly and voluntarily ASSUME ALL RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE of Bright Imaginations Play Cafe, to the fullest extent permitted by Texas law.
2. Release of Liability (Texas Enforceability Clause)
To the fullest extent permitted by Texas law, I, on behalf of myself, my spouse, family members, guests, heirs, personal representatives, and any minor child(ren) for whom I am signing, hereby release, waive, discharge, and covenant not to sue Bright Imaginations Play Cafe its owners, officers, directors, employees, contractors, volunteers, agents, and affiliates from any and all claims, demands, damages, losses, liabilities, costs, or causes of action arising from or related to any injury, illness, death, or property damage sustained while at the Facility, whether occurring in play areas, café areas, seating areas, restrooms, parking areas, or elsewhere on the premises.
This release includes claims arising from ordinary negligence but does not apply to gross negligence, reckless conduct, or intentional misconduct to the extent prohibited by applicable law.
3. Infant & Toddler Participation Clause
I understand that children under the age of 3, including infants and toddlers, require heightened supervision and are at increased risk of injury due to developmental abilities, balance, and coordination.
I agree:
● Infants must remain under direct, hands-on supervision at all times
● No infant may be placed on equipment not designed for their age
● I accept all risks related to infant/toddler participation
4. Equipment-Specific Risk (CedarWorks / Climbing / Slides)
I understand the facility includes climbing structures, elevated platforms, slides, tunnels, and play equipment, including a CedarWorks play structure, which present risks such as:
● Falls from height
● Missteps, slips, and collisions
● Entrapment or improper use
I agree my child will:
● Use equipment only as intended
● Follow all posted safety rules and staff instructions
● Use age-appropriate play areas only
I voluntarily assume all risks related to use of play equipment.
5. Food Allergy & Cafe Disclaimer
I understand Bright Imaginations Play Cafe serves and allows food and beverages, including items that may contain or come into contact with common allergens such as nuts, dairy, wheat, eggs, and soy.
I acknowledge:
● The facility CANNOT guarantee an allergen-free environment
● I am fully responsible for monitoring my child’s allergies and food intake
● I release Bright Imaginations Play Cafe from any allergic reaction or related medical
event
6. Communicable Disease / Illness Risk
I understand that participation in a shared indoor play environment carries risk of exposure to communicable illnesses, including but not limited to colds, flu, RSV, COVID-19, and other viruses.
I agree:
● My child will not attend if sick, feverish, or contagious
● I voluntarily assume all illness exposure risks
● I release Bright Imaginations Play Cafe from illness-related claims
7. Parent/Guardian Supervision Responsibility
I understand Bright Imaginations Play Cafe is NOT a drop-off facility unless enrolled in an authorized supervised program.
I agree to:
● Actively supervise my child at all times
● Ensure safe play behavior
● Follow all rules and staff direction
8. Property Damage Responsibility
I agree to be financially responsible for any intentional or negligent damage caused by myself or my child to equipment, furnishings, or property.
9. Medical Expense and Insurance Responsibility
I understand and agree that Bright Imaginations Play Cafe does not provide health, accident, disability, or medical insurance coverage for any participant, whether adult or child.
In the event that I, my child(ren), or any member of my party sustains an injury, illness, or medical condition while on the premises, I acknowledge that I am solely responsible for obtaining and paying for any necessary medical care, treatment, transportation, emergency services, hospitalization, medication, therapy, or related expenses.
I agree that Bright Imaginations Play Cafe its owners, employees, agents, contractors, and affiliates shall not be responsible or liable for any medical costs, expenses, claims, liens, or charges arising from any injury, illness, or accident occurring on or related to the use of the Facility.
I certify that I, my child(ren), or any member of my party must have adequate health insurance coverage or otherwise accept full financial responsibility for any medical expenses that may arise.
10. Binding Arbitration Agreement (Texas)
I agree that ANY DISPUTE, CLAIM, OR CONTROVERSY arising from participation at Bright Imaginations Play Cafe shall be resolved EXCLUSIVELY THROUGH BINDING ARBITRATION IN THE STATE OF TEXAS, and NOT through a lawsuit or jury trial.
I understand:
● I am waiving my right to sue in court
● I am waiving my right to a jury trial
● Arbitration shall be final and binding
● Each party shall bear its own legal fees unless otherwise required by law
11. Indemnification
I agree to indemnify and hold harmless Bright Imaginations Play Cafe from any claims, damages, legal fees, or liabilities arising from:
● My child’s participation
● My failure to supervise
● Breach of this agreement
