1. Acknowledgment & Assumption of Risk
I understand that participation in activities at Bright Imaginations Play Cafe involves inherent risks, including but not limited to:
● Slips, trips, and falls
● Collisions with play equipment or other participants
● Use of climbing structures, slides, toys, and interactive features
● Minor and serious injuries (scrapes, bruises, fractures, head injury)
● Illness exposure in a public play environment
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 under the laws of the State of Texas, I hereby release, waive, and discharge Bright Imaginations Play Cafe, its owners, members, managers, employees, volunteers, contractors, agents, and affiliates from any and all liability, claims, demands, damages, or causes of action for injury, illness, death, or property loss arising from participation in activities or presence on the premises, INCLUDING CLAIMS ARISING FROM NEGLIGENCE. This release is intended to be broad and inclusive under Texas law and shall survive the participant’s visit.
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. Emergency Medical Authorization
If I cannot be reached in an emergency, I authorize Bright Imaginations Play Cafe to obtain medical care for my child. I accept responsibility for any medical costs incurred.
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
