Waiver & Agreement
CUBBY & CO
Parent Acknowledgment, Consent & Assumption of Risk
PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS CERTAIN LEGAL RIGHTS.
1. Nature of Cubby & Co Activities
I understand that Cubby & Co provides supervised recreational and creative activities for children within participating restaurants while parents or legal guardians dine on the premises.
Cubby & Co is an activity program and does not provide traditional daycare services. I understand that I remain responsible for my child and must remain inside the restaurant while my child participates.
I understand that participation may be limited as necessary to comply with applicable Texas requirements, including applicable daily and weekly participation limits.
2. Parent/Guardian Must Remain On-Site
I understand and agree that I must remain inside the restaurant at all times while my child participates in Cubby & Co activities.
I must remain reachable by phone and available to return immediately to the Cubby & Co activity area if requested by a Cubby & Co staff member.
I agree that I will not leave the restaurant for any reason while my child is participating.
If I leave the restaurant, my child’s participation may be terminated immediately without a refund.
3. Health, Allergies & Participation
I am responsible for informing Cubby & Co of any allergy, medical condition, behavioral consideration, developmental need, or other information that is reasonably necessary for my child to participate safely.
I understand that Cubby & Co staff do not provide medical care or administer medications.
I confirm that my child is able to participate safely in the activities offered by Cubby & Co, subject to any information I have disclosed.
4. Food & Drinks
No food or beverages are permitted in the Cubby & Co activity area.
I understand that I am solely responsible for all food and beverages consumed by my child before, during, or after participation, including matters involving food allergies or dietary restrictions.
5. Bathroom, Diapers & Personal Hygiene
I understand that Cubby & Co staff do not take children to the restroom, assist with toileting, or change diapers.
I am responsible for promptly assisting my child with restroom needs, diaper changes, and personal hygiene.
If my child requires this assistance, Cubby & Co staff will contact me and I agree to respond promptly.
6. Assumption of Risk
I understand that Cubby & Co activities may include arts and crafts, games, toys, movement, interaction with other children, and similar age-appropriate activities.
Even with reasonable supervision and safety precautions, these activities may involve ordinary risks, including slips, trips, falls, bumps, minor cuts or scrapes, contact with other children, or reactions to craft or activity materials.
I knowingly and voluntarily accept these ordinary risks associated with my child’s participation.
7. Release of Parent/Guardian’s Own Claims
TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I VOLUNTARILY RELEASE AND HOLD HARMLESS CUBBY & CO, ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM CLAIMS BELONGING TO ME PERSONALLY THAT ARISE FROM THE ORDINARY NEGLIGENCE OF CUBBY & CO IN CONNECTION WITH MY CHILD’S PARTICIPATION IN CUBBY & CO ACTIVITIES.
THIS PROVISION DOES NOT RELEASE CLAIMS THAT CANNOT LEGALLY BE WAIVED UNDER TEXAS LAW AND DOES NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
8. Emergency Situations
If my child becomes ill, is injured, or requires my attention, I authorize Cubby & Co staff to contact me immediately using the contact information I provided.
If Cubby & Co staff reasonably believe there is a medical emergency requiring immediate assistance, I authorize them to contact 911 or other emergency services.
I understand that Cubby & Co staff are not medical professionals and do not provide medical diagnosis or treatment.
I am responsible for medical or emergency expenses incurred on behalf of my child.
9. Behavior & Removal From Activities
For the safety and enjoyment of all participants, Cubby & Co may immediately end my child’s participation if my child engages in unsafe, aggressive, destructive, or highly disruptive behavior or does not follow reasonable staff instructions.
If participation is ended for these reasons, I agree to promptly retrieve my child and understand that no refund will be provided.
10. Personal Belongings
I understand that Cubby & Co is not responsible for lost, misplaced, damaged, or stolen personal belongings brought into the activity area by me or my child.
11. Restaurant Charges & Restaurant Services
I understand that Cubby & Co operates independently from the participating restaurant with respect to Cubby & Co activity fees.
I remain fully responsible for all restaurant charges incurred by me, my child, or anyone in my party, including food, beverages, taxes, and gratuities.
Cubby & Co is not responsible for restaurant charges, food service, or restaurant transactions.
12. Electronic Consent
I certify that I am the parent or legal guardian of the child identified above and that I have authority to provide this consent.
I acknowledge that I have had the opportunity to read this entire agreement before accepting it.
I understand that my electronic acceptance of this agreement is intended to constitute my electronic signature and evidence my agreement to these terms.
I HAVE READ AND UNDERSTAND THE CUBBY & CO PARENT ACKNOWLEDGMENT, CONSENT & ASSUMPTION OF RISK, INCLUDING THE ASSUMPTION OF RISK AND RELEASE PROVISIONS ABOVE, AND I VOLUNTARILY AGREE TO ITS TERMS.
