Release of Liability
Effective Date: March 01, 2024
Assumption of Risk and Release of Liability
Service Description and Member Responsibility
FlipJoy’s Services are designed to enrich the lives of children through sustainable play by providing access to a rotating selection of quality-controlled, sanitized, and age-appropriate toys. While we endeavor to ensure the highest standards of safety and cleanliness, the nature of shared toys carries inherent risks. Once toys are delivered to a Member’s home, they become the Member’s property and responsibility. FlipJoy is not liable for any damage, loss, or incidents related to their use after delivery. Members are urged to supervise children during play and inspect toys upon arrival to ensure they remain appropriate and safe for use.
Assumption of Risk and Release of Liability
By using FlipJoy’s Services, Members acknowledge, assume, and accept the inherent risks associated with children’s play, especially with pre-loved toys. Despite our rigorous sanitization and quality control measures, there remains a possibility of injury, illness, allergic reactions, or other medical consequences.
– Injury: The risk of a child being injured during play, even though toys are quality-checked.
– Illness/Allergic Reactions: The potential for illness or allergic reactions, despite thorough cleaning.
– Choking Hazards: The inherent risk of choking, particularly for young children with toys containing small parts.
– Severe Medical Consequences: The rare but serious risk of severe medical outcomes, including death, from toy-related accidents.
– Pre-CPSIA Toys: FlipJoy conducts thorough inspections to ensure the quality and safety of the toys in our swap inventory. However, due to the nature of our toy swap service involving a variety of pre-owned toys, we cannot guarantee that all toys will meet the specific standards set forth by the Consumer Product Safety Improvement Act (CPSIA) of 2008. This includes toys manufactured before the act was implemented or those that may not fully comply with current safety standards. We urge families to exercise discretion and supervise play to ensure child safety.
In consideration of using the Services, Members expressly waive and release any and all claims which they may have, or which they may hereafter have, whether known or unknown, against FlipJoy, and its officers, directors, managers, employees, agents, shareholders/members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to their use of the Services, whether arising out of the ordinary negligence of FlipJoy or any Releasees or otherwise. Members covenant not to make or bring any such claim against FlipJoy or any other Releasee, and forever release and discharge FlipJoy and all other Releasees from liability under such claims. This waiver and release do not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement. Members understand that by consenting to this release, they are waiving any and all claims, of any kind arising out of or attributable to their usage of the Services, including those claims that may be unknown to them, or which they do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, MEMBERS HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS THEY MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.