WAIVER AND RELEASE OF LIABILITY

This Waiver and Release of Liability (the “Waiver”) is entered into as of the date below by the undersigned parent and/or legal guardian of the minor child(ren) listed below (the “Child(ren)”) in favor of Joyville Indoor Playground, LLC (“Joyville”) and Joyville’s owners, representatives, agents, affiliates, officers, administrators, volunteers, managers, members, principals, employees, and related companies, (together with Joyville, the “Released Parties”).

In consideration for allowing the Child(ren) to participate in the Activities (as that term is defined below) at Joyville, I, for myself and on behalf of the Child(ren), agree as follows:

1. ACTIVITIES. The activities at Joyville include each and every activity engaged in at Joyville, including, without limitation: use of an indoor playground with slides; use of a rock wall; use of a ball and foam pit; use of toys and sports equipment; tumbling; dancing; playing dress-up, games and sports; riding scooters; arts and crafts; science experiments; consumption of food; birthday parties; and use of restroom or other facilities at the premises (the “Activities”).

2. ACKNOWLEDGEMENT OF RISK. I understand and acknowledge that there are certain inherent risks associated with the Activities, including, without limitation, physical injury, falls, collisions, equipment malfunction, and exposure to communicable diseases. I also understand and acknowledge that risks and dangers may be caused at Joyville by other participants or third parties. I voluntarily assume full responsibility for all risks associated with my participation or the Child(ren)’s participation in the Activities.

3. WAIVER AND RELEASE. To the fullest extent permitted by law, I agree to release and hold harmless the Released Parties from any claims, liabilities, demands, damages, or causes of action arising from my participation or the Child(ren)’s participation in the Activities. I waive any and all claims, liabilities, demands, damages, or causes of action against the Released Parties for personal injury, illness, permanent disability, death, loss, or damage to personal property or other expense to myself and, if applicable, to the Child(ren), whether caused by me, my Child(ren), my family members, the Released Parties, or any other third parties.

4. INDEMNIFICATION. I agree to indemnify and defend the Released Parties from and against all claims (including claims brought by third parties), liabilities, demands, damages, causes of action, judgments, costs, and expenses, including attorneys’ fees and other litigation costs, which may in any way arise from my participation or the participation of the Child(ren) in the Activities.

5. PARENTAL SUPERVISION AND COMPLIANCE. I agree to supervise my Child(ren) at all times as required by Joyville and to comply with all posted rules and oral instructions provided by Joyville staff. I understand that failure to adhere to rules or instructions may result in removal from Joyville without refund.

6. GOOD HEALTH. I understand the nature of the Activities and that I and the Child(ren) are qualified, in good health, and in proper physical, emotional, and mental condition to participate in the Activities. I acknowledge that if I believe any conditions are unsafe for the Child(ren), I will immediately discontinue the Child(ren)’s participation in the Activities and promptly advise an authorized Joyville representative.

7. MEDICAL TREATMENT. In the event of an emergency arising from the Child(ren)’s participation in the Activities and I cannot be reached or I am unable to communicate, I hereby give permission to Joyville and the medical staff selected by Joyville to seek, secure, and administer any treatment deemed necessary for immediate care, including hospitalization. I agree that I will be responsible for the payment of any and all medical and related services rendered.

8. FEES. I agree to pay for all damage to Joyville caused by any negligent, reckless, or willful actions by me or the Child(ren).

9. PHOTOGRAPHY AND MEDICAL RELEASE. I grant permission for Joyville to take and use photographs or videos of the Child(ren) for promotional purposes. If I do not grant my permission, I will provide written notice to an authorized Joyville representative before the Child(ren) participate in any Activities.

10. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Waiver and that I have been given a reasonable opportunity to review it before signing.

11. APPLICABLE LAW. This Waiver shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions.

12. DISPUTE RESOLUTION. I agree to immediately advise Joyville in writing of any dispute or controversy (“Dispute”) arising from or relating to my Child(ren)’s participation in the Activities. I further agree to attempt to resolve any Dispute through informal negotiations with Joyville. If the Dispute is not resolved by informal negotiations within 30 days after providing written notice of the Dispute, either party may seek resolution of the Dispute in a court located in Massachusetts.

13. OTHER. If any provision of this Waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect. In the event any ambiguity is found to exist in the interpretation of this Waiver, the parties explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either for or against a particular party based upon their status as the drafter of the Waiver.

I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES. I AM 18 YEARS OF AGE OR OLDER AND MENTALLY COMPETENT TO ENTER INTO THIS RELEASE AND WAIVER FOR MYSELF AND FOR ALL CHILDREN UNDER THE AGE OF 18 LISTED BELOW. I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS THAT I, MY CHILD(REN), OUR HEIRS, PERSONAL REPRESENTATIVES, OR NEXT OF KIN MAY HAVE AGAINST THE RELEASED PARTIES.