ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

In consideration of being permitted by KIDZ INDOOR PLAYGROUND LLC located at 5296 Eastern Ave SE Grand Rapids MI 49508 to participate in the activities and classes, and to use the equipment and facilities, particularly the use of  inflatable “bounce houses”, obstacle course equipment, children’s playground, classes and tot lot, I, the undersigned, on behalf of myself, (and if applicable) my child or ward (both of us hereinafter referred to as “I” or “Participant”), (collectively, the “RELEASING PARTIES”) hereby agree as follows:

Assumption of Inherent Risks and Dangers. I acknowledge and agree that known and unanticipated risks could result in physical and/or emotional injury while attending the Kidz Indoor Playground facility. Some examples of risks include but are not limited to broken bones, sprained or torn muscles, sprain or torn ligaments, other bodily injuries, paralysis, death, or property damage caused by myself, a Minor Participant, or a third party must be done at each Participant’s own risk. In any event, if I, or if applicable, my child or ward is injured and may require medical assistance, such medical assistance will be at my sole cost and expense. Kidz Indoor Playground is not responsible for property damage, loss, or theft of personal items. References to “My Child and Ward”. All references in this Assumption of Risk, Release, and Waiver of Liability and Indemnity Agreement to “my child or ward” shall refer to each and every child or ward listed below.

• I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF KIDZ INDOOR PLAYGROUND, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS. NOTWITHSTANDING THE RISK, I AT THIS MOMENT ASSERT THAT MY, AND IF APPLICABLE, MY CHILD’S OR WARD’S, USE OF THE KIDZ INDOOR PLAYGROUND AND EQUIPMENT AND PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND THAT I/WE KNOWINGLY ACCEPT AND ASSUME ANY AND ALL INHERENT RISKS OF INJURY, DISABILITY, DEATH AND PROPERTY DAMAGE FROM MY PARTICIPATION IN SUCH ACTIVITY. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, RECKLESSNESS, INTENTIONAL TORTS, OR ANY OTHER LIABILITIES THAT MICHIGAN LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.

I agree that I am responsible for my minor participants' conduct and activities at all times KIDZ INDOOR PLAYGROUND. I acknowledge that my son or daughter complies with all directions, rules, and protocols at Kidz Indoor Playground. If my participant has special needs or a disability, I agree that I will be responsible for supervising him/her to ensure that they will only participate in those activities within their capabilities.

I hereby agree to, release, hold harmless, defend, and indemnify Kidz Indoor Playground, its licensees, owners, members, employees, managers, volunteers, manufacturers, participants, related and affiliated entities, (collectively, the “RELEASED PARTIES”) (i.e., defend and pay any judgment and legal costs and expenses, including, without limitation, attorney’s fees and other expenses) from any claims of any or all of the RELEASING PARTIES arising from my and if applicable, my child’s or ward’s death, injury or loss due to the use of the facilities and equipment and the participation in activities on the premises of Kidz Indoor Playground. If applicable, all participants (including, without limitation, those arising from the inherent risks of such activity or the ordinary negligence of any or all of the RELEASED PARTIES or other third parties, including, without limitation, other attendees at the Kidz Indoor Playground facility). The RELEASING PARTIES further agree to hold harmless, defend and indemnify the RELEASED PARTIES against any claims of co-Participants, rescuers, and others arising from conduct in the course of the use of the facilities and equipment. The participation in activities and related presence on the premises of Kidz Indoor Playground by me and if applicable my child or ward.  I further expressly agree that this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Michigan and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.

• EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE RELEASING PARTIES HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE RELEASED PARTIES ON ACCOUNT OF INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS ARISING OUT OF OR ATTRIBUTABLE TO RELEASING PARTIES’ USE OF THE FACILITIES AND EQUIPMENT OF KIDZ INDOOR PLAYGROUND AND/OR PARTICIPATION IN ACTIVITIES AND RELATED PRESENCE ON THE PREMISES, WHETHER ARISING OUT OF THE NEGLIGENCE OF THE RELEASED PARTIES OR ANY RELEASING PARTY OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST KIDZ INDOOR PLAYGROUND OR ANY OTHER RELEASED PARTY, AND FOREVER RELEASE AND DISCHARGE KIDZ INDOOR PLAYGROUND AND ALL OTHER RELEASED PARTIES FROM LIABILITY UNDER SUCH CLAIMS. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, ARISING FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT.

This Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement is the entire agreement and understanding of the RELEASING PARTIES and the RELEASED PARTIES with respect to the subject matter hereof and supersedes all prior agreements and understandings regarding the subject matter hereof which are merged herein.

• I HAVE READ THIS ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING, WITHOUT LIMITATION, MY RIGHTS, (IF APPLICABLE) THE RIGHTS OF MY CHILD OR WARD, AND THE RIGHTS OF THE RELEASING PARTIES TO SUE FOR DAMAGES IN THE EVENT OF DEATH, INJURY OR LOSS. I ACKNOWLEDGE THAT I AM SIGNING THIS ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE BELOW, THAT THIS AGREEMENT BE A COMPLETE AND UNCONDITIONAL RELEASE OF THE RELEASED PARTIES FROM ALL LIABILITY, INCLUDING, WITHOUT LIMITATION, THAT DUE TO INHERENT RISKS OF THE ACTIVITIES DESCRIBED HEREIN AND THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, TO THE GREATEST EXTENT ALLOWED BY THE LAWS OF THE STATE OF MICHIGAN. I ACKNOWLEDGE THAT THIS ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT WILL APPLY FOR EACH AND EVERY TIME I OR MY CHILD OR WARD USES ANY OF ITS EQUIPMENT OR PARTICIPATES IN ANY OF ITS ACTIVITIES

I hereby grant Kidz Indoor Playground, the right and permission to photograph and/or record me and, if applicable, my child or ward, to use such photographs and recordings for all purposes, including, without limitation, advertising and promotional purposes, in any manner, without limitation or restriction. I hereby waive any right to inspect or approve such photographs and, any changes or alterations.  All Photographs and/or Recordings are exclusive to KIDZ INDOOR PLAYGROUND.

I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I AND/OR MY CHILD (CHILDREN) OR WARD(S), MAY OTHERWISE HAVE.