1) Acknowledgement of Risk
Participation in Kerr Kids Open Play program involves inherent and unforeseeable risks including running, climbing, jumping, exposure to water, use of foam blocks and building materials, imaginative play structures, sensory bins, small manipulatives, and craft supplies.
Activities may involve interaction with other children and may result in slips, falls, or collisions, including risks associated with incidental exposure to water in and around the pond area. Some materials may present choking hazards for young children.
Participation may also involve exposure to common allergens through shared materials or sensory items. I voluntarily assume all known and unknown risks associated with participation.
2) Indemnification and Release
I, and my heirs, successors, assigns, spouses, partners, personal representatives, and next of kin, hereby agree to indemnify, defend, release and hold Kerr Kids, its affiliates, directors, officers, employees, volunteers, contractors, sponsors, and facility owners harmless from any liability, claims, causes of action, losses, illnesses, injuries, deaths, disabilities, or damages to persons or property, including attorney’s fees (“Claims”) arising from my presence on any Kerr Kids property, whether leased or owned, and my participation in Open Play and all other activities, including Claims caused by negligence or willful misconduct, whether brought by me or third parties, to the fullest extent permitted under Texas law.
3) Supervision Requirement
Open Play is not a drop-off program. A parent or responsible adult (18+) must remain on site at all times and is solely responsible for supervising their children. Kerr Kids does not provide childcare services and is not responsible for the supervision of children or any Claims arising
from the failure to supervise participants.
4) Behavioral & Safety Policy
Rough play, aggressive behavior, unsafe climbing, throwing objects, or misuse of equipment is not permitted. Sensory materials must not be thrown or placed in the mouth unless specifically designated as edible. Kerr Kids reserves the right to remove any child or adult whose behavior is unsafe or disruptive.
5) Health & Illness Policy
I certify my children are physically able to participate and free from contagious illness. I will remove my children immediately if symptoms arise during Open Play.
6) Allergies & Sensory Material Acknowledgement
Kerr Kids does not guarantee an allergen-free environment. It is my responsibility to inform Kerr Kids of severe allergies and to monitor my children to prevent ingestion of non-food items. I assume all responsibility for allergic reactions, choking incidents, or injury resulting from improper use of materials.
7) Medical Responsibility
A parent or responsible adult remains on site at all times and is responsible for all medical decisions. In the event of an emergency, Kerr Kids will contact the parent/adult immediately. I acknowledge financial responsibility for any medical expenses, and I authorize Kerr Kids to
secure any medical treatment deemed necessary, at my sole cost and expense.
8) Severability
If any portion of this agreement is found unenforceable under Texas law, it shall be modified to the least extent necessary to comply with applicable law, and all remaining provisions shall remain in effect.
9) Acknowledgment of Understanding
I have carefully read and understand this agreement and sign it voluntarily.
