Waiver of Liability and Assumption of Risk and Indemnity Agreement

With the consideration of being allowed by Hooray Entertainment Inc, dba Hooray! Kids Indoor Play Center (“Hooray!”) to enter and use Hooray! facilities, equipment and/or services and participate in any party, activity, and/or event, the undersigned, on his or her behalf, and on the behalf of the Participant(s) identified below, acknowledges, understands, and fully agrees to the following:

1. I represent that I am the parent or legal guardian of the minor Participant(s) named below, or I have obtained permission from the parent/legal guardian of the minor Participant(s) named below, or I have obtained permission from the adult Participant(s) named below, to execute this agreement on their behalf.

2. I understand that entry, by myself and the Participant(s) named, constitutes consent for Hooray! can use any film, video, or likeness of participants for any purpose whatsoever, without payment to the participants and me. Such said purposes are but not limited to: any Activities or Parties, Events, and Grand Opening.

3. I acknowledge and understand that there are known and unknown risks associated with participation in activities, events and the use of the play area at Hooray! facility, which include but are not limited to: contusions, fractures, scrapes, cuts, bumps, paralysis, lost or death.

4. I and the Participant(s) named, willingly assume the risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS or being infected by COVID-19, which we also willingly assume. I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Hooray! Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child(ren) sustains while using the Hooray! Facility, such assistance shall be at my own expense.

5. I agree that the Participant(s) named, and I shall comply with all stated and customary terms, posted safety signs, rules, policies and verbal instructions as conditions for participation in any play event, parties or activities at Hooray!. Any violation of the rules and policies set within Hooray! may result in being expelled from Hooray! activities or facility as a whole, with absolutely no monetary compensation or reimbursement.

6. I, for myself and/or on behalf of my spouse, the Participant(s) named, our parents, heirs, assigns, representatives, and next of kin, hereby release, hold harmless, waive and indemnify Hooray Entertainment Inc, its members, predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees, sponsoring agencies and lessors of premises (“RELEASEES”) from all liability for any such injury, disability, death or personal properties loss or damage to person or property to the fullest extent of the law.

7. I additionally agree to indemnify Hooray Entertainment Inc, its members, their predecessors, parent, subsidiaries and affiliates, officers, equipment manufacturers, employees and sponsoring agencies for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation in any event, parties or activities at Hooray!.

8. I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion. I represent that each Participant is of physical ability to participate in all activities in which they will engage at Hooray!.

9. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

10. Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 120 miles of the Event location and in accordance with the rules of the American Arbitration Association then in effect.

11. On the Child(ren)’s and my behalf, I knowingly and voluntarily waive any and all rights and benefits conferred upon us by the provisions of Section 1542 of the California Civil Code or by any similar law or provision, which Section reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."