RELEASE AND WAIVER OF LIABILITY FOR ALL CLAIMS OF ANY TYPE OF DAMAGES
(Applies to all participants, including parents, guardians, designated caregivers, and minors)
In consideration of being permitted to enter Hiya Pal! LLC, located at 340 Pompton Ave, Cedar Grove, NJ 07009 (“Hiya Pal!”), for any purpose—including but not limited to the use of any equipment, participation in any activity, event, or class—the undersigned, on behalf of themselves and the minor(s) listed below, voluntarily enters into this Release and Waiver of Liability (this “Release Form”) as follows:
Assumption of Risk & Waiver of Liability
The undersigned knowingly, voluntarily, and fully assumes all risks, both known and unknown, associated with entry to and participation at Hiya Pal!, including but not limited to:
Use of any play equipment or furniture
Participation in open play, structured classes, or hosted events
Attendance at celebrations, workshops, or other programming
Consumption of any food or beverage on-site
Interaction with other patrons or guests
The undersigned releases, waives, and forever discharges Hiya Pal! LLC, and its owners, members, officers, employees, agents, contractors, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all claims, liabilities, or causes of action for any personal injury, illness, death, property damage, or other loss arising out of or relating to attendance at or participation in any activity at Hiya Pal!, including claims resulting from the ordinary negligence, gross negligence, or carelessness of the Released Parties or other participants.
Fitness to Participate
The undersigned certifies that they and any listed minors are physically fit for participation and have not been advised otherwise by a medical professional. The undersigned assumes full responsibility for their own health and for monitoring any food or beverage consumption for themselves or their minor(s) while at Hiya Pal!.
Responsibility for Supervision and Conduct
The undersigned understands and agrees that:
Hiya Pal! staff do not provide direct or individual supervision of children
Parents, guardians, or designated caregivers are solely responsible for supervising the children in their care at all times
All safety rules, verbal instructions, and posted signs must be followed
Any hazards or injuries must be promptly reported to a Hiya Pal! team member
Rules of Use
By entering Hiya Pal!, the undersigned agrees to the following site rules:
No shoes on the play floor; socks must be worn at all times
Children must remain under adult supervision
No food or beverages are permitted on the play floor
Respectful behavior toward all staff, other guests, and equipment is expected
All minors must be accompanied by a parent, legal guardian, or designated caregiver
Hiya Pal! reserves the right to remove any guest from the premises for violation of rules or unsafe behavior without refund.
Property Damage and Indemnity
The undersigned agrees to be financially responsible for:
Any and all damage to Hiya Pal!’s property or facilities caused by themselves, their child(ren), or guests under their supervision
Any legal fees or costs incurred by Hiya Pal! in collecting for such damages
Additionally, the undersigned agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims, damages, liabilities, or expenses arising from their participation or presence at Hiya Pal!, including but not limited to claims arising from misrepresentation of authority to sign on behalf of a minor.
Participation & Consent
No individual may participate in any play, class, or event at Hiya Pal! unless this Release Form has been signed—either by the individual (if over 18) or by their legal parent or guardian. The only exception is use of the café without access to the play area.
Truthful Representation
The undersigned affirms that all information provided is true and accurate to the best of their knowledge, including their identity and legal authority to sign for the minor(s) listed.
Arbitration and Legal Remedies
Any dispute arising from or relating to this Release Form shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, by a single arbitrator located within 25 miles of Hiya Pal!’s location.
The undersigned waives all rights to a jury trial or court hearing.
In the event of debt or judgment in Hiya Pal!’s favor, interest will accrue at 18% per annum or the maximum rate allowed by law.
Governing Law & Severability
This Release Form shall be governed by the laws of the State of New Jersey.
If any part of this agreement is deemed unenforceable, the remainder shall remain in full force and effect.
Acknowledgement of Understanding
By signing below, the undersigned confirms that they:
Have read and understood the entire contents of this Release Form
Voluntarily enter into this agreement on their own behalf and on behalf of the minor(s) listed
Accept all terms, conditions, and responsibilities described herein