This Assumption of Risk, Waiver, and Release of Liability governs entry to and participation in all activities at the Kidiverse indoor playground.
Version 1.0Effective MAY 15, 2026Supersedes all prior versions
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Liability Waiver
Version 1.0 | Supersedes all prior Liability Waivers
Effective Date: May 15, 2026
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This Assumption of Risk, Waiver, and Release of Liability ("Waiver") governs entry to and participation in all activities at the Kidiverse indoor playground and entertainment facility ("The Playground") located at 7149 North Frontage Road, Orlando, Florida 32812. By signing this Waiver, you agree, on behalf of yourself and any minor children for whom you are the parent, legal guardian, or responsible party, to all terms stated below. This Waiver is valid for three hundred sixty-five (365) days from the date of signing. You will be required to sign a new Waiver upon expiration.
Section 1: Risk Factors
I understand and acknowledge that the use of the facilities at The Playground involves risks including, but not limited to, the following: bodily injury, including permanent disability, paralysis, and death; illness or disease, physical or mental; and damage to myself, to minor children in my care, or to third parties. These risks may result from a variety of circumstances, including the misuse of equipment or facilities, the actions of other Guests, or my own actions.
Section 2: Assumption of Risk
I am choosing to use the facilities at The Playground voluntarily and entirely at my own risk. I understand and accept that physical play activities, including climbing structures, obstacle courses, slides, ninja warrior elements, and all other attractions, carry both known and unanticipated risks. I assume full responsibility for all risks that may arise from my use of the Facility or my participation in any activity offered at The Playground, and for the same risks on behalf of any minor children named below.
Section 3: Illness and Health Exclusion
I confirm that neither I nor any minor children in my care are currently experiencing symptoms of a communicable illness, including but not limited to fever, active cough, vomiting, diarrhea, pink eye, known contagious skin conditions, or symptoms consistent with influenza or similar illness. I understand that The Playground reserves the right to deny entry or require any Guest to leave the Facility at any time if staff reasonably determine that a Guest presents symptoms of a communicable illness that may pose a health risk to other Guests or staff. No refund will be issued in such cases.
I also confirm that I am not aware of any medical condition in myself or in the minor children in my care that would make participation in physical play activities unsafe. I have been encouraged to consult a licensed medical professional prior to participation if I have any health concerns.
I acknowledge that communicable diseases, including but not limited to COVID-19, influenza, respiratory syncytial virus (RSV), norovirus, hand-foot-and-mouth disease, and other viral and bacterial illnesses, may be present at the Facility and may be transmitted between Guests, regardless of the precautions Kidiverse takes. I voluntarily assume the risk of exposure to communicable diseases for myself and for any minor children in my care. I release Kidiverse, its owners, officers, employees, and agents from any liability arising from exposure to or contraction of any communicable disease at the Facility, except where caused by Kidiverse's gross negligence. With respect to claims relating to COVID-19, I further acknowledge the protections afforded to Kidiverse under Section 768.38, Florida Statutes.
Section 4: Emergency Medical Authorization
In the event of a medical emergency involving me or any minor child in my care, I hereby authorize The Playground and its staff to: (a) contact emergency medical services (911) on my or the minor's behalf; (b) administer basic first aid consistent with staff training; and (c) take any other reasonable and good-faith action necessary to respond to an immediate threat to life or safety pending the arrival of emergency services.
I understand that The Playground does not employ licensed medical professionals on staff, and I do not expect or require medical treatment from Facility staff beyond basic first aid. I release The Playground, its owners, officers, and employees from any liability arising from good-faith emergency response actions taken on my or any minor child's behalf under this authorization.
I am solely responsible for all medical, health, and personal injury costs relating to my use of The Playground and its facilities, including but not limited to ambulance and emergency transport fees, emergency room fees, hospital fees, physician fees, prescription costs, and any other out-of-pocket costs associated with emergency response or follow-up medical care, even when emergency services were summoned by Kidiverse staff acting under the authorization granted in this Section. I am strongly encouraged to maintain health insurance coverage prior to visiting the Facility.
Section 5: Acknowledgement of Policies and Procedures
I acknowledge that I have read, understood, and agreed to the Kidiverse Terms of Service, the Kidiverse Privacy Policy, and all policies, procedures, and rules governing the use of The Playground, including those covering equipment use, supervision, weapons, food and beverage, alcohol, decorations, guest conduct, and safety, whether such policies, procedures, and rules are posted at the Facility, set forth in the Kidiverse Terms of Service, communicated by staff, or otherwise made available to me. I agree to comply with all such policies, procedures, and rules at all times.
I understand that The Playground reserves the right to revoke or terminate my use of the Facility for any violation of its rules, regulations, or policies, without refund.
Section 6: Release, Indemnification, and Defense
I hereby release, waive, discharge, and hold harmless The Playground, Kidiverse LLC, and all of their owners, officers, directors, employees (past, present, and future), agents, and affiliates from any and all claims, suits, liabilities, judgments, costs, and expenses for any property damage, loss or theft of personal property, personal injury or illness, death, or any other loss arising from my use of The Playground or from the use of The Playground by any minor child in my care, including claims arising from the ordinary negligence of Kidiverse, its owners, officers, employees, and agents. This release does not extend to claims arising from the gross negligence, recklessness, or intentional misconduct of Kidiverse, its owners, officers, employees, or agents, which are expressly excluded from this release.
I further agree to indemnify and defend The Playground and Kidiverse LLC against any and all claims, demands, suits, or actions brought by me, by any minor child in my care, or by any third party arising out of my conduct, the conduct of any minor child in my care, or any violation of these terms.
Section 7: Waiver of Unknown and Future Claims
I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose or effect is to provide that a general release shall not extend to claims, material or otherwise, that the person giving the release does not know or suspect to exist at the time of executing the release. I am knowingly and voluntarily releasing unknown and unanticipated future claims.
Section 8: Payment for Damages
I agree to pay for any and all damages to any property or equipment at The Playground as a result of my or my family's willful actions, negligence, or recklessness. I agree to be held fully liable for all costs associated with such damages, including repair, replacement, and any associated operational losses. I further agree to indemnify and hold harmless Kidiverse and its owners, officers, employees, and agents from any claim, demand, suit, or action brought by another Guest, staff member, or third party arising from personal injury, illness, or other harm caused by my conduct or by the conduct of any minor child in my care at the Facility, including injuries resulting from inadequate supervision of a minor child in my care.
Section 9: Representatives and Heirs
I enter into this Waiver for myself as well as for my heirs, assigns, executors, administrators, and legal representatives. This Waiver is binding upon all parties who may bring claims on my behalf or on behalf of any minor child in my care.
Notice to Parent or Legal Guardian:
Section 10: Dispute Resolution, Arbitration, Class Action Waiver, and Jury Trial Waiver
All disputes arising out of or related to this Waiver, my use of The Playground, or any activity or service provided by Kidiverse shall first be submitted to good-faith mediation. The parties shall mutually select a mediator within fourteen (14) days of written notice of the dispute. If the parties cannot agree on a mediator within that period, either party may request appointment of a mediator from the American Arbitration Association ("AAA"). Mediation shall be conducted virtually or at a mutually agreed location in Orange County, Florida. The parties shall share mediator fees equally. If the dispute is not resolved within thirty (30) days after the mediator is selected or appointed, either party may proceed to arbitration administered by the AAA under its Consumer Arbitration Rules then in effect.
WAIVER OF CLASS ACTION: I expressly waive any right to bring or participate in any class action lawsuit or class-wide arbitration against Kidiverse, The Playground, or their owners, officers, employees, or affiliates. All claims must be brought on an individual basis only.
WAIVER OF JURY TRIAL: I expressly waive my right to a trial by jury for any dispute arising out of or related to this Waiver or my use of The Playground, to the fullest extent permitted by the laws of the State of Florida.
Section 11: Photography and Media Consent
Kidiverse regularly photographs and records video of activities at The Playground, including images of Guests and their children, for use on social media platforms (including Instagram and Facebook) and in marketing materials. By signing this Waiver, I grant Kidiverse permission to capture and use such photographs and video for these purposes. If I do not wish to be photographed or to have minor children in my care included in photographs or video, I must notify Kidiverse staff in writing at the time of arrival. Notification must be repeated at each visit and is not retroactive to photographs or video previously captured or published.
I acknowledge that Kidiverse may engage third-party photographers and videographers, including its affiliated partner Rogue Cinematography LLC (a subsidiary of The Projekt LLC), to capture photographs and video at the Facility.
I further acknowledge that the Facility is monitored by security cameras for the safety of all Guests and staff, that this security recording is distinct from marketing photography and cannot be opted out of, and that security footage is used and retained in accordance with the Kidiverse Privacy Policy.
Section 12: SMS and Electronic Communications Consent
I acknowledge that providing a phone number on this Waiver or at the time of booking does not by itself constitute consent to receive text message (SMS) communications from Kidiverse. SMS consent is collected through a separate, clearly marked opt-in process at the time of booking, membership signup, or other applicable point of contact. Message and data rates may apply. I may opt out of SMS communications at any time by replying STOP to any message or by contacting Kidiverse directly at info@ourkidiverse.com.
Section 13: Identity, Authority, and Accuracy of Information
Adult Guests must each sign their own Waiver. A Waiver signed by one adult on behalf of another adult is not valid and does not release Kidiverse from liability with respect to the adult who did not personally sign. Only parents or legal guardians may sign on behalf of minor Guests, in accordance with Section 9 of this Waiver and Section 744.301(3), Florida Statutes.
I represent and warrant that all information I provide in this Waiver is true, accurate, and complete. I acknowledge that providing false or materially misleading information in this Waiver is a material breach of these terms.
Section 14: Electronic Signature
I understand and agree that my electronic submission of this Waiver constitutes a legally binding signature under the Florida Electronic Signatures Act, Chapter 668, Florida Statutes. My electronic signature carries the same legal weight and effect as a handwritten signature. I acknowledge that I have read this Waiver in its entirety, that I understand it, and that I am surrendering and releasing valuable legal rights by signing it. I do so freely and voluntarily.
Section 15: Guest Profile, Event Linkage, and Waiver Validity
I acknowledge that this Waiver is stored as part of a Kidiverse Guest profile associated with my email address and the names and dates of birth of the minor children listed above. This Waiver is valid for three hundred sixty-five (365) days from the date of signing and covers each of my visits to the Facility during that period, regardless of visit type (Open Play, Classes, Birthday Party, Private Party, Field Trip, or Room Rental), unless Kidiverse notifies me that re-signing is required.
For visit types that are booked as scheduled events, including Birthday Parties, Private Parties, Field Trips, and Room Rentals, I or the booking host will be required to associate my Waiver with the applicable event by entering or selecting the event identifier provided by Kidiverse.
Section 16: Governing Law and Venue
This Waiver is governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to this Waiver shall be subject to the dispute resolution provisions set forth in Section 10 above, and any subsequent litigation shall be brought exclusively in the state or federal courts located in Orange County, Florida.
Section 17: Severability
If any provision of this Waiver is found by a court of competent jurisdiction to be invalid, unenforceable, or contrary to applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from this Waiver if modification is not possible. The remaining provisions of this Waiver shall remain in full force and effect.
Facility Rules Acknowledgment
For All Adults and Parents / Guardians:
Kidiverse socks are mandatory for all children and adults at all times. Socks may be purchased at the front desk.
Children must be supervised by a parent or guardian at all times. Kidiverse is a parent-supervised facility.
No adult may enter without a child. No child may enter without an adult.
Alcohol is strictly prohibited on the premises.
No outside food or beverages are permitted during general open play, except formula and baby food for infants and birthday cakes or cupcakes for scheduled parties (no ice cream cakes).
Kidiverse is a nut-free facility. No items containing nuts may be brought into the Facility.
Helium balloons are prohibited throughout the Facility. Non-helium balloons must be tied to a weighted base and remain in the party room.
Pinatas, confetti, streamers, wall and ceiling decorations, and silly string are not permitted.
No weapons of any kind are permitted. The only exception is law enforcement on active duty.
Kidiverse is not responsible for lost, stolen, or damaged personal property.
Children wearing casts, splints, slings, or braces are not permitted to use play equipment.
Guests displaying symptoms of illness may be denied entry or asked to leave.
Please notify staff of any special needs or accommodation requests upon arrival.
For Children:
Socks are mandatory. No bare feet.
No hitting, biting, kicking, punching, or pushing.
No profane or offensive language.
Clean up after yourself.
Have fun, make friends, and use your imagination!
Kidiverse reserves the right to ask any Guest to leave the Facility for unacceptable behavior, violation of any policy, or for any other lawful reason, at any time and without refund.
This Waiver is valid for three hundred sixty-five (365) days from the date of signing.