Drop-In Days Liability Waiver

In consideration for gaining access to and engaging the services of DJ KMD, LLC dba Sugar Plum Parties including their respective members, managers, directors, officers, employees, agents and representatives ("Sugar Plum Parties”), 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 event and activities.  My participation in such event 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.

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 Massachusetts without regard to the conflict of laws provisions thereof.

 

Likeness Release

The undersigned hereby irrevocably consents to and authorizes the use by DJ KMD, LLC, its officers, employees, agents and representatives ("Sugar Plum”) of the undersigned’s name, image, voice and/or likeness as follows:  Sugar Plum shall have the right to photograph, video, record, publish, re-publish, adapt, exhibit, perform, reproduce, edit, modify, make derivative works, distribute, display or otherwise use or reuse the undersigned’s name, image, voice and/or likeness in connection with any product or service or in marketing, advertising or promoting such products or services, in all markets, media or technology, now known or hereafter developed, as long as there is no intent to use the image, voice and/or likeness in a disparaging manner.  Sugar Plum may exercise any of these rights itself or through any successors, transferees, licensees, franchisees, distributors or other parties, commercial or nonprofit.  The undersigned acknowledges receipt of good and valuable consideration in exchange for this Release, which may simply be the opportunity to represent Sugar Plum in its promotional, marketing and advertising materials as described above.  Without limiting the generality of the foregoing, the undersigned acknowledges and agrees that Sugar Plum does not owe him or her any compensation in connection with any of the activities or uses described in this Release.

I represent that I am a parent/guardian of the minor whose name appears below or that I have been granted power of attorney to sign this Agreement on behalf of the parent/guardian of such minor and that in that capacity Sugar Plum has my consent and authorization to use the name, voice and/or likeness as described above.  In the event that I do not have the requisite authority to sign this Agreement on behalf of the minor listed below, 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.