Please read this agreement carefully. It affects your legal rights. It applies to this visit and to all future visits.
1. Definitions
"Stomping Grounds" means Good Chimes LLC, a Tennessee limited liability company, doing business as Stomping Grounds.
"Facility" means the premises at 2166 Central Avenue, Memphis, Tennessee, including all indoor and outdoor play areas, play structures and equipment, party and event rooms, the sensory room, food and beverage areas, restrooms, and parking areas.
"Activities" means all forms of play and use of the Facility, together with all programs, classes, parties, events, and food and beverage service offered at the Facility, whether offered now or added in the future.
"Released Parties" means Stomping Grounds and its members, managers, officers, employees, contractors, volunteers, and agents; the owner and landlord of the Facility; and the subtenants, program partners, instructors, and vendors operating at the Facility, together with their respective owners, employees, and agents.
"Child" means each minor listed in the signature section below.
2. Certification of Authority to Sign
I certify that I am at least eighteen (18) years old and that either (a) I am the parent or legal guardian of each Child listed below, or (b) I am an adult caregiver (for example, a grandparent, family member, or nanny) who has been authorized by each Child's parent or legal guardian to bring the Child to the Facility and to sign this agreement on the parent's or guardian's behalf.
If I am signing as an authorized caregiver, I represent that I have that authority, I agree to all terms of this agreement personally and on behalf of the parent or guardian to the extent of my authority, and I understand that Stomping Grounds may request confirmation of this agreement directly from the parent or legal guardian.
3. Acknowledgment and Assumption of Risk
Active play is physical, and injuries can occur even when equipment is well maintained, rules are followed, and adults are paying attention. Risks of the Activities include, without limitation: falls from equipment or while running or climbing; collisions with equipment, structures, walls, floors, or other guests; slips and trips on indoor surfaces and on outdoor surfaces including engineered wood fiber, gravel, and brick; injuries arising from other guests' behavior; cuts, scrapes, bruises, sprains, dislocations, and broken bones; more serious injuries, including permanent disability or death; allergic reactions to foods or materials; and exposure to communicable illness.
I understand these risks. I voluntarily accept and assume all risks of the Activities, known and unknown, on my own behalf and, to the fullest extent permitted by law, on behalf of each Child, and I take full responsibility for my and each Child's participation.
4. Supervision; No Drop-Off; Alcohol
Stomping Grounds is not a childcare facility and does not provide supervision. Children may not be dropped off. Each Child must be accompanied by, and remains at all times the responsibility of, a supervising adult, who agrees to actively supervise each Child throughout the visit and to ensure that each Child uses equipment as intended and in accordance with posted age guidance.
Alcoholic beverages are available at the Facility to guests twenty-one (21) and older. I understand and agree that consuming alcohol does not reduce, excuse, or transfer my supervision responsibilities, and I agree not to supervise a Child while impaired. Stomping Grounds may limit or refuse alcohol service, and may require any guest to leave the Facility, in its sole discretion.
5. Release and Waiver of Claims
To the fullest extent permitted by law, I — on behalf of myself, my spouse, my heirs, and my personal representatives — release, waive, and discharge the Released Parties from any and all claims, demands, causes of action, and liabilities of any kind arising out of or related to the Activities or my or any Child's presence at the Facility, including claims arising from the ordinary negligence of any Released Party. This release includes, without limitation, my own claims for medical expenses, other costs, and losses I incur as a result of injury to a Child.
I understand that this release does not apply to claims arising from gross negligence, recklessness, or intentional misconduct, or to any other claims that cannot be waived as a matter of law.
6. Responsibility for Damage; Indemnification
I agree to be responsible for damage to the Facility or its equipment caused by my or any Child's misuse of the Facility or violation of posted rules. I further agree to indemnify and hold harmless the Released Parties from claims brought by third parties to the extent arising out of my breach of this agreement, including my failure to supervise a Child as required by Section 4.
7. Emergency Medical Authorization
In the event of an injury or medical emergency, I authorize Stomping Grounds staff to administer or arrange first aid and to contact emergency medical services. If I (or the parent or legal guardian) cannot be reached promptly, I consent to emergency examination, transport, and treatment of a Child by licensed medical providers. I agree that all costs of medical care and transport are my responsibility (or that of the Child's parent or guardian).
8. Photography and Media Release
I understand that Stomping Grounds photographs and records video at the Facility, including at events and during ordinary operations, and I grant Stomping Grounds a perpetual, royalty-free license to use images and recordings of me and each Child for promotional and marketing purposes, including on social media and the Stomping Grounds website, without compensation. If I prefer that my family not appear in marketing materials, I may notify the front desk or email Stomping Grounds, and Stomping Grounds will make reasonable efforts to honor that preference going forward.
9. Rules and Conduct
I agree, and will ensure each Child agrees, to follow all posted rules and staff instructions, including: wearing socks in designated play areas; using equipment only as intended and consistent with posted age ranges; and not visiting the Facility while ill with a communicable condition. Stomping Grounds may refuse entry to, or remove, any guest whose conduct presents a safety concern, and may suspend or revoke membership privileges for repeated or serious violations, in its sole discretion.
10. Term; Revocation
This agreement takes effect when signed and remains in effect for this visit and all future visits by me and each Child, unless and until it is revoked in writing by the Child's parent or legal guardian or is superseded by a later version signed at Stomping Grounds' request. Revocation applies prospectively only.
11. General Provisions
This agreement is governed by Tennessee law. Any dispute arising out of this agreement or a visit to the Facility shall be brought in the state courts located in Shelby County, Tennessee. If any provision of this agreement is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision shall be enforced to the maximum extent permitted. I agree that an electronic signature or click-through acceptance is valid and binding. I have read this agreement, understand it, and sign it voluntarily.
