The words “I” and “me” in this Agreement refers to the User. Should I access the Services on the behalf of another legal entity, I hereby warrant that I have the authority, actual or implied, to bind that entity to the Agreement. In using the Services, I represent and warrant that I have the capacity to enter into a legal agreement in the province of Ontario. If I do not have the capacity to enter into a legal agreement in the province of Ontario, I may not use the Services unless a parent or legal guardian agrees and consents to this Agreement on my behalf. By permitting a person who lacks capacity to utilize the Services, the parent or legal guardian is hereby bound by this Agreement.

In consideration of being permitted by Funzilla Hamilton Inc. or “Funzilla”, located at Unit 1 360 Lewis Road,Stoney Creek, ON Canada, Funzilla Ancaster Inc. or “Funzilla” located at Unit 6 680 Tradewind Drive Ancaster ON, Canada, Imaginasium Hamilton Inc. or “Imaginasium” located at Unit 20 1070 Stone Church Road E, Hamilton ON & Imaginasium Ancaster Inc located at Unit 5 680 Tradewind Drive, Ancaster, ON Canada to participate in their activities and to use its equipment and facilities, now and in the future, I hereby agree to release, indemnify and forever discharge Funzilla and Imaginasium, thier agents, owners, members, shareholders, officers, directors, managers, partners, employees, volunteers, manufacturers, vendors, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “RELEASED PARTIES“), on behalf of myself, my spouse, my child(ren), my parent(s), my heir(s), assign(s), personal representative(s) and estate as follows

I acknowledge that my participation in the activities provided at Funzilla and Imaginasium entails known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things and without limitation: exposure of participants to the risk of cuts and bruises, sprained or broken wrists and ankles, concussions, dislocations, head/neck injuries, risk of swallowing small toys, choking, and in some cases more serious injuries, including paralysis or death, seizures, loss of awareness, eye strain, eye or muscle twitching, involuntary movements, altered, blurred, or double vision or other visual abnormalities, dizziness, disorientation, impaired balance, impaired hand-eye coordination, excessive sweating, increased salivation, nausea, light-headedness, discomfort or pain in the head or eyes, drowsiness, decreased ability to multitask, fatigue, or any symptoms similar to motion sickness, all of which can persist and become more apparent hours after use and which may lead to an increased risk of injury when engaging in normal activities in the real world after leaving the Premises. Traveling within Funzilla and/or Imaginasium raises the possibility of any manner of transportation accidents. Similar risks are also inherent in any and all attractions and/or devices present at the facility. In any event, if you or your child is injured, you or your child may require medical assistance, at your own, sole expense. I understand and agree that Funzilla and/or Imaginasium will not pay for any cost or expenses incurred by me if I and/or my child/ward are injured.

Furthermore, Funzilla and Imaginasium’s employees have difficult jobs to perform. They strive for the highest standards of safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might become loose, out of adjustment, or malfunction. There is also a risk that Funzilla’s and/or Imaginasium’s employees may be negligent in, among other things, monitoring and supervising use of its equipment and facilities and in the maintenance and repair of its equipment and facilities. I expressly agree and promise to voluntarily accept and assume all of the risks existing in the activities present at Funzilla and Imaginasium.

My participation in these activities is purely voluntary, and I elect to participate in spite of all known, and unknown risks. I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Funzilla’s and/or Imaginasium’s equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASED PARTIES. Should Funzilla and/or Imaginasium or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. This means that I will pay all of those attorney's fees and costs myself.

I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating in the activities present at Funzilla and/or Imaginasium, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have, pre- existing or otherwise. In the event that I file a lawsuit against Funzilla and/or Imaginasium for any reason, I agree to do so solely in the Province of Ontario and I further agree that the substantive law of Ontario shall apply in that action without regard to the conflict of the law rules of that Province.

I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I agree as an adult participant, or the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate at Funzilla and Imaginasium, grant Funzilla and Imaginasium, and all RELEASED PARTIES, the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with Funzilla and Imaginasium to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. All photographs and/or recordings are the exclusive property of Funzilla and Imaginasium.

If the participant is a minor, I further agree to defend, indemnify and hold harmless Funzilla and/or Imaginasium from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of RELEASED PARTIES. I confirm that I have not consumed any alcohol, drugs, or participated in any other activity which might impair my ability to safely participate in the activity prior to or during the course of my partaking in any of the activities located at Funzilla and/or Imaginasium’s facility. I confirm that I have had sufficient time to read and understand this Release in its entirety. I understand that this Release represents the entire agreement between myself and Funzilla + Imaginasium (and the RELEASED PARTIES), and is binding on myself and anyone claiming through or under me. I on my own behalf am executing this Release freely and voluntarily without any compulsion on the part of Funzilla, Imaginasium or any of the RELEASED PARTIES.

I also agree to indemnify and fully compensate Funzilla and Imaginasium for any property damage I cause to Funzilla and/or Imaginasium’s  property. Furthermore, should Funzilla or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold Funzilla and Imaginasium harmless from all such fees and costs. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the Event(s) of my death or incapacity.

COVID-19. COVID-19 has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, provincial, and local governments and federal and provincial health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Funzilla and Imaginasium have put in place preventative measures to reduce the spread of COVID-19; however, neither Funzilla nor Imaginasium can guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Funzilla and/or Imaginasium could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Funzilla or Imaginasium and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Funzilla and Imaginasium may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Funzilla’s and Imaginasium’s employees and other customers and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my or my child(ren)’s attendance at Funzilla and/or Imaginasium. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Funzilla and/or Imaginasium its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Funzilla and Imaginasium, their employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after I/We patronize Funzilla and/or Imaginasium. 

In consideration of not being required to sign a new copy of this RELEASE before each visit, I further agree that this RELEASE shall apply to all future visits by me and by the minor participant until he/she is 18 years old in full, including all provisions of this Agreement.

By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in any of the Funzilla. and/or Imaginasium activities, I may be found by a court of law to have waived my or the minor participant's right to maintain a lawsuit against Funzilla, Imaginasium or any RELEASED PARTIES on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document.

I have read and understood it, and I agree to be bound by its terms