In consideration for the borrow or use of toys or any other items from CRYBABY CAFE, LLC (together with its owners, officers, agents, employees, or independent contractors, “CRYBABY CAFE”) the undersigned parent and/or caregiver (“Parents” and “Caregivers”), on their own behalf and on behalf of any related and/or accompanying Child (as identified hereinbelow and collectively referred to as “Child”) or other toy user, acknowledge and agree as follows with respect to any and all activities offered, toys loaned, and any other services (collectively, “activities”, “toys” or “services”) offered by CRYBABY CAFE at its location, or when toys from CRYBABY CAFE are taken home or used by Parents, Caregivers, and/or any Child at any other location.
I. Activities and Risks
Parents and Caregivers agree to take full responsibility for managing the risks of the activities and toys, supervised or not, including not providing a toy or taking part in an activity which may not be appropriate for the Guest for ANY reason, including, but not limited to the toy containing small parts, or being in any way hazardous to the Child. If I am a Parent of Caregiver of a participating minor, I have explained these responsibilities to my minor child or ward.
Risks of the toys and activities include, but are not limited to, the following: (1) misuse of the toy or facilities, (2) parts being ingested, (3) cuts and scrapes, and (4) choking or death. CRYBABY CAFE may conduct examinations of toys or other items, may clean and inspect toys or items, and may provide suggestions for appropriate use. However, CRYBABY CAFE does not in any way warrant or guarantee toys to be in good working order, made of safe materials, free from hazards, either visible or latent, or that the toys are appropriate for a specific age or child.
CRYBABY CAFE exists only to act as a service to its patrons in finding and lending toys, and makes no representations, warranties, or claims whatsoever about the condition, cleanliness, safety, proper use, advisability of use or appropriateness for a particular Child or child or use for any toy or other item or activity. The Parent or Caregiver completely and in perpetuity waive any and all claim of liability for any reason against CRYBABY CAFE, and jointly and severally indemnify and hold CRYBABY CAFE, harmless for any loss, claim, or damages that in any way relate to the Child’s use of the toys, presence on CRYBABY CAFE premises, or participation in any activity relating to CRYBABY CAFE.
II. Assumption of Risk
Parents and Caregivers hereby acknowledge the risks (whether described herein or otherwise) and their inherency, and that other risks, known and unknown, inherent and otherwise, may be encountered with respect to the toys, activities, and services. Parents and Caregivers expressly assume all the risks, known and unknown, inherent or not, and whether or not described above, of enrollment or participation in any activity or the use of any toy and facility.
III. Release and Indemnification
The undersigned, an adult parent, legal guardian, ward, or other adult with actual authority to do so, to the maximum extent allowed by law hereby agree to release and discharge CRYBABY CAFE from all claims, liabilities and losses asserted by or on behalf of myself and/or the Child in any way arising from or connected with my use or participation in any toy, activity, or service provided by CRYBABY CAFE. I understand that in signing this document, I surrender my and any and all Childs’ right to make a claim or file a lawsuit against CRYBABY CAFE for personal injury, property damage, wrongful death, products liability or any other theory, to the maximum extent allowed by law.
The undersigned further agree to hold harmless and indemnify CRYBABY CAFE from any claim, liability, loss, damages, costs, or expenses (including attorneys’ fees) resulting from 1) a claim brought by a co-participant, rescuer, emergency personnel, or any other person for loss or damage caused by my, or the minor participant’s, acts or omissions; and 2) a claim brought by any member of my or my minor child’s family in any way arising out of my or the Child’s participation in an activity related to the CRYBABY CAFÉ, the toys, activities, and/or services. These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by the negligence of a Released Party, but not gross negligence or intentionally wrongful conduct.
IV. Additional Provisions
The Parents and Caregivers further represent that neither he/she, nor his/her Child, will be ill when coming to CRYBABY CAFE and the Child will not, to the best of the Parent’s knowledge, have been exposed to any contagious disease.
Guest Responsibilities. The Parents and Caregivers assume full responsibility for himself/herself, as well as for the Child, authorized caregiver, and invited guests. The Parents and Caregivers shall indemnify CRYBABY CAFE, its employees, agents and officers against any and all liability incurred by any act of the Child or authorized caregiver. The Parents and Caregivers agree that he/she or their authorized caregiver shall remain on CRYBABY CAFE premises at all times while his/her Child is on the premises, and the Parents and Caregivers agree to assume all risks that may occur should the Parents and Caregivers or authorized caregiver leave the premises. The Parents and Caregivers assume full responsibility for any and all toys, gear and other materials checked out on his/her account and agrees to remunerate CRYBABY CAFE for the replacement cost of such materials in the event of any damage or loss to them.
The following rules and regulations apply to all facilities and materials belonging to CRYBABY CAFE and may be amended at the discretion of CRYBABY CAFE management. On all questions regarding the interpretation or rules and regulations, the decision of CRYBABY CAFE shall be final. CRYBABY CAFE reserves the right to suspend visitor privileges for violation of any rule or regulation.
1. Play Space Policies. Children using the play space must be accompanied by their parent/legal guardian or authorized caregiver at all times. For your child’s safety, no shoes or food are permitted in the play area. We are not a nut free facility. All food must be consumed in the designated snack and dining areas, and beverages must be in closed, lidded containers. We request that all guests wear socks to the facility. Guests may play with anything onsite that is below the top shelf. Items on the top shelf are available for take-home check-out only. Occupancy in the play space is limited to what is deemed acceptable by the Fire Marshall and reasonable by the management of CRYBABY CAFE. CRYBABY CAFE reserves the right to limit the number of children/caregivers that are in any enclosed area, including in the play space, at any one time. Guests acknowledge that such effort is made in order to maximize safety and fun while limiting inconvenience.
2. Children Under 3. Our baby area is geared toward children aged 3 and under. We strongly recommend limiting the access of children under age 3 to the baby area, as the other areas of the facility may contain toys and items that are not suitable for children under 3. Before entering the baby area, please stow all belongings, food, drinks and other toys out of reach on the high shelf and hooks that have been provided. Please do not bring any outside toys into the baby area. If a child mouths an item or gets it dirty, please place the item into the designated bin for cleaning by a staff member.
3. Borrowing Policies. Everything that is marked with a barcode is available to borrow. We require a credit card on file for all borrowing. With a few exceptions, members may renew anything up to 2 times for a 2-week term each time.
4. Late Fees. A late fee of $.50 per day per item will be charged to your credit card for all overdue items.
5. Lost or Broken Toys. We strongly recommend designating a corner or shelf in your home for our items. When you check out an item, we will count or weigh it with you, and we’ll do the same when you return it. We offer 3 options should you ever lose an item that you’ve checked out:
a. Replace the lost item with another safe, high-quality toy of similar value and in good condition. All items will be accepted at our discretion.
b. Buy the identical item and bring it in as a replacement.
c. Pay the replacement price for the item.
6. Missing Parts. If you lose a piece of an item and the item is still functional without it, we will charge a small replacement fee at our discretion. If the missing part renders the item incomplete and the item can no longer be used, we will treat it as a broken toy, giving you the 3 options above.
7. Check-In Procedures. Guests will be required to check in with front desk staff upon entering CRYBABY CAFE. Paid admission is required for all children over 6 months old.
8. Stroller Policies. Please fold and stow all strollers in the designated area by the restrooms.
9. Parent/Legal Guardian or Authorized Caregiver Presence. At least one parent/legal guardian or authorized caregiver per family must remain on the premises at all times while a child is at CRYBABY CAFE.
10. Personal Conduct. All Guests, their children, and their authorized caregivers shall be expected to play respectfully, safely and with inside voices. CRYBABY CAFE staff reserves the right to remove any group from the premises that is engaging in ongoing rough or loud play or in any behavior posing a danger to others. This includes the right to refuse a child’s participation in any class, program or service due to the child’s continued behavioral problems. Guests are asked to only take out one or two items at a time and to clean up after themselves and their children after they finish using an item.
11. Illness Policy. In consideration of our other members, please keep sick children at home. Children should not return to CRYBABY CAFE after illness, until symptoms have been absent for at least 24 hours. Please refer to the CDC’s website, https://www.cdc.gov/parents/index.html, for specific information regarding contagious illnesses, or ask for more information at the front desk. CRYBABY CAFE reserves the right to send a child home to get well. If your child has allergies, please inform a CRYBABY CAFE staff member and request to include this information on your online account. CRYBABY CAFE does not have medical staff available and is not permitted to provide emergency or other medical treatment.
12. Personal Belongings. CRYBABY CAFE accepts no liability for loss or damage to any personal property brought onto CRYBABY CAFE premises. This includes, but is not limited to, any property left on the premises. Any personal property left on the premises and handed in to a CRYBABY CAFE staff member will be retained for thirty (30) days. After this time, the property will be donated or disposed of.
13. Cell Phones. Please do not allow the use of cell phones to detract from your ability to supervise your child. CRYBABY CAFE requests that ringers be turned to silent or vibrating mode during your visit. Please speak in a low voice when using your cell phone.
14. Auto-Renewal and Cancellation Policy. Monthly memberships will be billed automatically on the first of each month to the credit card that you have provided. You may cancel your membership for any given month by contacting CRYBABY CAFE staff prior to the 1st of the month that you would like to cancel. Annual memberships will be billed for 12 months and may be cancelled by the 15th day of the 12th month.
15. No Smoking. Smoking is strictly prohibited at CRYBABY CAFE.
16. Alterations to Rules & Regulations. CRYBABY CAFE reserves the right to make changes to these rules and regulations at any time.
17. Disclaimer of Liability. CRYBABY CAFE is not liable for any harm or loss to persons or property. Any protection exercised or offered by CRYBABY CAFE shall be deemed purely gratuitous on its part and shall in no way be construed to make it liable for any loss or inconvenience suffered by the Guest. CRYBABY CAFE is not responsible in any circumstances for indirect, consequential or punitive damages.
18. Dispute Resolution. The Guest agrees to engage in good faith efforts to mediate any dispute that might arise between himself and CRYBABY CAFE. Should the issue not be resolved by mediation, The Guest agrees that all disputes, controversies, or claims between the parties will be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The Guest agrees that any dispute between CRYBABY CAFE and himself or his child will be governed by the substantive laws (not including laws which might apply the laws of another jurisdiction) of the State of Maryland, regardless of where the claim arose. Any mediation or arbitration shall take place only in the State of Maryland, Frederick County. This Agreement, which consists of this and the previous page (obverse), will apply to the Guest’s or to his child’s, participation in activities at or offered by CRYBABY CAFE, for the current and for all future visits, until cancelled in writing by the Guest or expired pursuant to the provisions of state law.
Non-compliance with CRYBABY CAFE’s policies and procedures may result in termination of membership and/or denial or service. CRYBABY CAFE has the right to update policies at any time. Please see https://crybabycafefrederick.com/ for current policies.
The undersigned have carefully read, understand, and voluntarily sign this Agreement and acknowledge that it shall be effective and binding upon themselves, their minor child(ren) or ward who is a participant, and their, or the Child’s, family, heirs, executors, administrators and representatives. The undersigned agree that if any portion of this Agreement is held by a court of competent jurisdiction to be invalid, the balance of this release shall continue in full force and effect.
