Liability Waiver & Release

1. Assumption of risk

Kids Open Play is a physical, active environment, and being there carries risks that cannot be fully eliminated no matter how carefully the space is run — for grown-ups as much as for children. Adults move through the same space, help children on and off the equipment, and sit, kneel and reach in a room built for small people. Those risks include slips, trips and falls; collisions with other children, adults, walls, furniture or equipment; injuries from climbing, jumping, sliding or landing awkwardly; entrapment or submersion in the ball pit and contact with balls, blocks and small parts; choking; bruises, cuts, scrapes, strains, sprains, broken bones, dental injuries, head injuries and other serious injury; allergic reactions, including exposure to food allergens brought in by us or by other guests; exposure to communicable illness; and the conduct of other guests, including children, whose behavior we do not control.

These risks may result from my own actions, my child’s actions, the actions of other guests, misuse of equipment, failure to follow the rules, or the condition of the premises.

I VOLUNTARILY AND KNOWINGLY ACCEPT ALL OF THESE RISKS, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, TO THE FULLEST EXTENT ALLOWED BY LAW.

2. Release and waiver of liability

In exchange for being allowed to enter and use The Logan, I — for myself, my child, and our heirs, family members, assigns and personal representatives — release, waive and agree not to sue MS Creativvve LLC, doing business as MS Creative Events, and its owners, officers, employees, contractors, volunteers, agents, successors, and the owner, landlord and property manager of the building (together, the “Released Parties”).

This release covers any and all claims, demands, causes of action, damages, losses, costs and expenses arising out of or related to my or my child’s presence at or participation in anything at The Logan — including claims arising from the ordinary negligence of the Released Parties — to the fullest extent permitted by California law. It includes claims for personal injury, illness, allergic reaction, emotional distress, property damage and wrongful death, whether they arise before, during or after our visit.

This release does not apply to claims arising from gross negligence, recklessness, or willful or intentional misconduct by a Released Party. It also does not waive any right that cannot be waived under California law.

3. House rules

I agree that my child and I will follow all posted rules, safety signage and instructions from staff, and I understand that following them is a condition of being allowed to stay.

Play areas are the equipment, mats and structures set out for children to play on. Everything else — walls, doors, windows, window ledges, railings, gates, fencing, partitions, furniture, shelving, décor, rental inventory, stairs and staff areas — is not play equipment and is not to be climbed on, hung from, jumped off, or played with.

Not allowed: running, roughhousing, pushing, wrestling or deliberate collisions; climbing, standing, sitting or hanging on fences, gates, railings, partitions, netting, shelving or furniture; jumping from any elevated surface that isn’t part of the play equipment; head-first sliding, diving into the ball pit, or piling onto other children; entering staff areas, storage or any area marked off-limits; food, drinks, gum or candy inside the play areas; shoes in the soft play areas — grip socks are required for children and adults, and regular socks are not permitted; handling or moving event rental inventory stored on site.

I understand that breaking these rules meaningfully increases the risk of serious injury, and I take responsibility for making sure my child follows them.

4. Supervision

Kids Open Play is not drop-off care. A parent or responsible adult must stay at The Logan with the child for the entire visit and must actively supervise them.

Active supervision means staying attentive and near enough to step in — not across the room, not on a phone, not out of the building. Staff are there to run the space, keep it clean and safe, and help where they can, but staff are not supervising your child and are not responsible for doing so.

I accept full responsibility for the supervision, conduct and safety of my child while we are at The Logan, and for my own conduct and safety as well.

5. Age and size guidelines

The play equipment at The Logan is designed for children roughly six years old and under. Older or larger children are welcome, but the equipment was not built for them, using it carries added risk of injury to them and to smaller children around them, and I am responsible for deciding whether it is appropriate for my child.

Staff may ask that a child not use a particular piece of equipment if it isn’t safe for their size, and I agree to respect that.

The equipment is not built for adult weight. I will not climb, sit, stand, slide or bounce on it, and I understand that doing so risks injury to me and to the children around me.

6. Health, illness and allergies

I will not bring my child to The Logan if they have a fever, are vomiting, have diarrhea, have an undiagnosed rash, or have any contagious illness. I will keep them home if they have had a fever within the last 24 hours.

The Logan is not an allergen-free space. Food and drinks are brought in by other families, and no allergen can be guaranteed absent from the premises. If my child has allergies, I am responsible for managing them, for telling staff, and for bringing any medication my child may need.

7. Staff authority

Staff may step in at any time for safety — asking a guest to stop an activity, limiting access to an area, or asking a guest to leave. Repeatedly ignoring the rules or staff instructions may result in being asked to leave without a refund.

8. Personal belongings

The Logan is not responsible for personal property that is lost, stolen or damaged. I am responsible for my own and my child’s belongings.

9. Incident reporting

If my child or I are injured, or if I see something unsafe, I will tell a staff member immediately and before leaving the building. Prompt reporting matters — both so we can respond properly and so there is an accurate record of what happened.

10. Emergency medical care

If my child needs emergency medical attention and I cannot be reached or am unable to act, I authorize Company staff to call 911 and to arrange emergency medical care and transport. I accept financial responsibility for the cost of that care. Staff are not medical professionals and will not administer medication.

11. Indemnification

I agree to indemnify and hold the Released Parties harmless from any claim, loss or expense — including reasonable attorneys’ fees — brought by anyone as a result of my or my child’s conduct at The Logan, our failure to follow the rules, damage we cause to property, or my breach of this agreement, to the extent permitted by law.

12. Photos and video

We take photos and video at The Logan for our website and social media. By signing, I give the Company permission to photograph and record my child and me while at The Logan, and to use those images in its marketing, website and social media, in any medium, without payment or further approval.

I understand this permission is a condition of using the space, that it continues after our visit, and that images already published, printed or reshared by others may not be able to be removed.

13. Waiver of California Civil Code Section 1542

I understand this release covers claims I don’t know about yet. I expressly waive the protections of California Civil Code Section 1542, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

14. Who can sign this

I confirm that I am at least 18 years old and that I am either the parent or legal guardian of the children listed, or an adult with their parent or guardian’s permission to bring them to The Logan and to sign this agreement on their behalf — a grandparent, other family member, nanny, babysitter or other caregiver.

Each adult signs for themselves. I understand I cannot give up another grown-up’s legal rights, so every adult in our party needs to sign their own waiver before entering — I am signing only for myself and for the children listed.

The Company does not verify custody or guardianship and relies on what I state here. By signing, I agree this waiver applies to every child in my care during our visit. If it turns out I did not have that authority, I agree to indemnify and hold the Released Parties harmless from any resulting claim or dispute, including reasonable attorneys’ fees, to the extent permitted by law.

15. General terms

This agreement is governed by California law. Any dispute will be brought in the state or federal courts serving San Diego County, California.

If any part of this agreement is found unenforceable, the rest stays in effect, and the unenforceable part will be limited only as far as necessary.

This agreement covers every visit to The Logan for twelve months from the date signed, and renews each time a new one is signed. It binds me, my child, and our heirs and representatives. This is the entire agreement between us on this subject and replaces any earlier understanding.