CASE STUDY

The company "MUNCHKINS PLAYGROUND" reached out to you to seek professional counselling on Risk Management for their 2023 summer season. The company stakeholders have raised concerns about the Waiver Form that has been used for the playground customers to sign off before entering the premises and using the structures. After a small incident occurred in August 2022, when the validity of the Form was contested by an angry customer, the company decided to hire you to review the current form:

ASSUMPTION OF RISK: I AGREE THAT I AND/OR MY CHILD/WARD AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES OFFERED BY MUNCHKINS PLAYGROUND INCLUDING, BUT NOT LIMITED TO, THE USE OF THE EQUIPMENT, FACILITIES AND THE PREMISES. I AM ASSUMING ON BEHALF OF MYSELF AND/OR CHILD/WARD, ALL RISK OF PERSONAL INJURY, DEATH, OR DISABILITY TO MYSELF AND/OR CHILD/WARD THAT MAY RESULT FROM PARTICIPATION, OR ANY DAMAGE, LOSS, OR THEFT OF ANY PERSONAL PROPERTY WHICH ME AND/OR CHILD/WARD MAY INCUR. I UNDERSTAND THAT THE MUNCHKINS PLAYGROUND FACILITY HAS A VARIETY OF REPURPOSED MATERIALS THAT MAY HAVE INHERENT RISKS. FURTHER, I HAVE EXPLAINED THESE RISKS TO MY CHILD/WARD. RELEASE OF LIABILITY: I UNDERSTAND THAT MYSELF AND/OR CHILD/WARD WILL BE ENGAGING IN RECREATIONAL AND SPORTING ACTIVITIES WITHIN THE MEANING OF O.R.V. 14-2212-18707 WHILE USING THE MUNCHKINS PLAYGROUND FACILITY AND IT IS MY VOLUNTARY AND INFORMED DECISION TO RELEASE ANY FUTURE LAWSUITS OR CLAIMS THAT THEY MAY HAVE AGAINST THE RELEASEES. THEREFORE, I AGREE ON BEHALF OF MYSELF AND MY CHILD/WARD AND OUR PERSONAL REPRESENTATIVE, SUCCESSORS, HEIRS, AND ASSIGNS TO HOLD MUNCHKINS PLAYGROUND LLC AND ITS AFFILIATES, INSTRUCTORS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, DESIGNERS, LICENSORS, AND MEMBERS, AS WELL AS THE PROPERTY OWNER AND TENANTS OF THE PROPERTY AND THE DONORS, MANUFACTURERS AND INSTALLERS OF THE EQUIPMENT COMPRISING THE MUNCHKINS PLAYGROUND (COLLECTIVELY, THE RELEASEES) HARMLESS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF ME AND MY CHILD/WARDS PARTICIPATION AT THE MUNCHKINS PLAYGROUND FACILITY. I EXPRESSLY RELEASE AND FOREVER DISCHARGE RELEASEES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF ANY DAMAGE, LOSS, PERSONAL INJURY, OR DEATH TO ME OR MY CHILD/WARD, WHILE PARTICIPATING IN ANY OF THE ACTIVITIES OFFERED AT THE MUNCHKINS PLAYGROUND FACILITY. THIS RELEASE IS VALID AND EFFECTIVE WHETHER THE DAMAGE, LOSS, OR DEATH IS A RESULT OF ANY ACT OR OMISSION ON THE PART OF ANY RELEASEES OR FROM ANY OTHER CAUSE. THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES, OR ACCIDENTS, WHICH MAY OCCUR AS A RESULT OF THE: (A) USE OR MISUSE OF THE FACILITY IN ANY WAY BY ANYONE, (B) USE OF ANY EQUIPMENT THAT MALFUNCTIONS OR BREAKS, (C) IMPROPER MAINTENANCE OF THE FACILITY, GROUNDS, OR ANY EQUIPMENT, (D) INSTRUCTION OR SUPERVISION, OR (E) SLIPPING, TRIPPING AND /OR FALLING WHILE IN THE FACILITY OR ON THE SURROUNDING PREMISES. THIS RELEASE OF LIABILITY ALSO EXPRESSLY INCLUDES A RELEASE FOR ANY AND ALL CLAIMS ARISING OUT OF OR UNDER THE ONTARIO PREMISES LIABILITY ACT (O.C.R.S 123-3321-1145). I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BE HALF OF MYSELF AND OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST MUNCHKINS PLAYGROUND LLC. SHOULD ANY CLAIM BE MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEYS' FEES AND DEFENSE COSTS INCURRED BY MUNCHKINS PLAYGROUND LLC IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM. THIS RELEASE AND PARENTAL/GUARDIAN WAIVER IS MADE IN ACCORDANCE WITH O.R.S. 143-242-1047. I HAVE READ THE ABOVE, CONSIDERED ITS EFFECTS, UNDERSTAND ITS CONTENT, AND AGREE, ON BEHALF OF MYSELF AND MY CHILD/WARD, TO THE TERMS AS STATED ABOVE. THIS AGREEMENT SPECIFICALLY CONTAINS AN INDEMNITY AGREEMENT WHEREBY I AGREE TO REIMBURSE THE RELEASEES AGAINST ANY DAMAGES (INCLUDING ATTORNEYS FEES AND COSTS) INCURRED AS A RESULT OF ANY LAWSUIT, CLAIM, OR ACTION BROUGHT BY MYSELF, MY CHILD/ WARD, OR ANY OTHER PARTY, RELATED IN ANY WAY TO ME OR MY CHILDS/WARDS USE OF THE MUNCHKINS PLAYGROUND FACILITY. I FURTHER UNDERSTAND THAT NO PERSON HAS PERMISSION TO USE THE MUNCHKINS PLAYGROUND FACILITY WITHOUT AN EFFECTIVE AND VALIDLY SIGNED RELEASE AND PARENTAL/ GUARDIAN WAIVER OF LIABILITY. I UNDERSTAND THAT I AM VOLUNTARILY GIVING UP ME AND OR MY CHILDS/WARDS THE RIGHT TO BRING A LAWSUIT OR CLAIM AGAINST THE ABOVE-MENTIONED RELEASEES. I FURTHER UNDERSTAND AND ACCEPT THE ABOVE RISKS RELATED TO THESE ACTIVITIES.

To facilitate your task, the company provides you with the following additional information:

a) All the Playground structures are licensed for the use of kids age 4 to age 14.

b) The playground premises have a capacity limit of 100 people.

c) During the summer months, the capacity limit is often reached in the weekend.

d) Long line-ups of parents are expected throughout July and August

e) The Waiver Form is presented to parents (or accompanying adults) written on a tablet screen, at the cashier, before paying the admission fee.

f) Parents (or accompanying adults) are required to read the waiver by scrolling down the screen and sign at the bottom with a digital pen attached to the tablet.

Questions:

*** Based on all the information provided above and after reading the Waiver Form, createa brief report that will include:

1) A brief introduction about the importance of a fail-safe Waiver Form for a business in the Hospitality industry. (up to 4 marks)

2) An overall evaluation of the Waiver Form such as language used, format adopted etc.. (up to 6 marks)

3) Risks associated (if any) with the use of this Form considering the circumstances provided by the company in the points a) to f). (up to 7 marks)