I, and/or a minor for whom I am legal guardian (referred to as “my child”), desire to host my child's party or event (the “Activity”) provided by GENIUS GEMS CHELSEA, LLC, a New York limited liability company, located at 555 6th Avenue, New York, NY 10011 (the “Company”). As lawful consideration for being permitted by the Company to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
I UNDERSTAND THAT GENIUS GEMS PARTIES ARE INTENDED FOR CHILDREN AGES SIX AND OLDER WHO ARE CAPABLE OF FOLLOWING STAFF INSTRUCTIONS. I AM AWARE AND UNDERSTAND THAT WHILE GENIUS GEMS WILL TAKE REASONABLE PRECAUTIONS TO AVOID AND/OR MINIMIZE THE RISK OF INJURY, CERTAIN ACTIVITIES COULD POTENTIALLY INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. FOR EXAMPLE, CHILDREN UNDER AGE THREE MAY INGEST SMALL PARTS OR MAGNETS WHICH COULD CAUSE CHOKING OR OTHER INJURY. I ACKNOWLEDGE THAT ANY INJURIES THAT I OR MY CHILD, OR ANY GUEST MAY SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AM VOLUNTARILY SIGNING UP MY CHILD TO PARTICIPATE IN THE ACTIVITIES WITH KNOWLEDGE OF THE POTENTIAL DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
Furthermore, I hereby acknowledge that running, climbing on furniture, hanging on structures, jumping, throwing, smashing or any other destructive behavior is strictly prohibited at Genius Gems, and is grounds for immediate removal from Genius Gems.
I hereby waive and release any and all claims against the Company, and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to my and/or my child’s or a guest's participation in the Activity, whether arising out of the negligence of the Company or any Releasees or otherwise. I forever release and discharge the Company and all other Releasees from liability under such claims.
I shall indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against indemnified party in a final judgment, arising out or resulting from any claim of a third party related to the Activities (including any claim brought by my child, a guest, and/or his or her representatives).
This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in New York, and I hereby consent to the exclusive jurisdiction of such courts.
COVID-19: Genius Gems will take reasonable precautions to prevent the transmission of COVID-19. Children will be expected to comply, and caregivers shall be expected to abide by the requirements set forth by local, state and federal health authorities. We reserve the right to ask questions, take temperatures, and require masks to be worn. There is no guarantee that any of these precautions will prevent you or your child, or your guests, from contracting COVID-19. Genius Gems assumes no liability with regard to any such transmission.
Photo policy: By participating in activities at Genius Gems, I understand that I or my child may appear in social media or website marketing materials.
BY CLICKING THE “I AGREE TO THE WAIVER” BOX, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.