Perpetual Participant Agreement, Waiver, Release, and Assumption of Risk

As consideration of the services of Kidoolo, LLC, operator of Kidoolo Play Club, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Kidoolo”), the undersigned, on his or her behalf, and on the behalf of the Participant(s) identified below, their parents, heirs, assigns, personal representatives and estates, hereby agrees to release, indemnify, and discharge Kidoolo as follows:

1. I represent that I am the Participant (if at least eighteen (18) years old) or parent or legal guardian of the Participant(s) named below or I have obtained permission from the parent/legal guardian of the Participant(s) named below to execute this agreement on their behalf.

2. I ACKNOWLEDGE AND UNDERSTAND THAT MY PARTICIPATION IN KIDOOLO PLAY ACTIVITES AND OTHER AMUSEMENT ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE USE OF THE PLAY AREA, LASER TAG EQUIPMENT AND ANY AND ALL OTHER KIDOOLO PLAY EQUIPMENT, ENTAILS KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY, PARALYSIS, DEATH, OR DAMAGE TO ME, TO PROPERTY, OR TO THIRD PARTIES. I UNDERSTAND THAT SUCH RISKS SIMPLY CANNOT BE ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF THE ACTIVITY. THE RISKS INCLUDE, BUT ARE NOT LIMITED TO: CONTUSIONS, FRACTURES, SCRAPES, CUTS, BUMPS, PARALYSIS, SERIOUS INJURIES TO THE NECK, BACK OR HEAD, OR DEATH. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF KIDOOLO.

3. I acknowledge that I willingly assume the risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS which I also willingly assume. I expressly agree and promise to accept and assume all of the risks existing in activities at Kidoolo. My participation in activities at Kidoolo is purely voluntary, and I elect to participate in spite of the risks.

4. I agree that the Participant(s) named, and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any event at Kidoolo Play Club.

5. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Kidoolo from any and all claims, demands, or causes of action, now known or hereafter known, which are in any way connected with my or my child’s participation in activities at Kidoolo or my use of Kidoolo’s equipment or facilities, including any such claims which allege negligent acts or omissions of Kidoolo. I agree to indemnify Kidoolo for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation in activities at Kidoolo or my use of Kidoolo’s equipment or facilities, or arising from the enforcement of this agreement. I UNDERSTAND THAT THIS

PERPETUAL RELEASE/WAIVER WILL APPLY TO EACH AND EVERY OCCASION THAT I VISIT A KIDOOLO FACILITY.

6. I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without undue influence, coercion, or duress.

7. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

8. I understand that entry onto Kidoolo premises constitutes my permission, authorization, and consent for Kidoolo to display, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use my image, likeness, and voice, and all materials created by or on behalf of the Company that incorporate any of the foregoing on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created, and for the purpose of advertising, public relations, publicity, packaging, and promotion of Kidoolo without further consent from or royalty, payment, or other compensation to me.

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. In the event that I file a lawsuit against Kidoolo, I agree to do so solely in Union County in the State of New Jersey, and I further agree that the substantive law of New Jersey shall apply in that action without regard to the conflict of law rules of that state.

11. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

12. I acknowledge that Kidoolo reserves the right to refuse participation in activities at Kidoolo or my use of Kidoolo’s equipment or facilities, for failure to sign this Perpetual Participant Agreement, Waiver, Release And Assumption Of Risk.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I further acknowledge that I am the Participant or the parent or legal guardian of the minor Participant(s) named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Perpetual Participant Agreement, Waiver, Release And Assumption Of Risk.

Kidoolo Play Club Waiver
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