Big City Kids, LLC Waiver

PLEASE READ ALL SECTIONS CAREFULLY! THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS. The individual named below (referred to herein as the “Individual”) desires to participate in activities and events (the “Activities”) provided by Big City Kids LLC, a Florida limited liability company (the “Company”), and use the facilities of the Company located at 12601 Trade Way Drive, Bonita Springs, FL., 34135 (the “Property”). In consideration of being permitted by the Company to participate in the Activities and enter the Property, and in recognition of the Company’s reliance hereon, the Individual, and the Individual’s parent or legal guardian (if the Individual is a minor), does hereby agree to all the terms and conditions set forth in this instrument (this “Release”).

1. I attest that I am the parent or legal guardian of the minor participant(s) named herein below, or that I have obtained permission from the parent/legal guardian of the participant(s) to execute this agreement on their behalf and agree to attend to and monitor the activities of all participant(s) such that all activities are age and ability appropriate;

2. I agree that the participant(s) and I shall willingly comply with all stated and customary terms, posted safety signs, rules, and safety instructions and directions by Big City Kids, LLC and its staff as conditions for use of play equipment and participation in any event, activity, program, or party. In addition, if I observe any hazards during my visit, I and the undersigned will cease all activity near or around said hazard and immediately alert the nearest Big City Kids, LLC employee; I agree that all undersigned and I shall use all play equipment and items appropriately, adhering to all play rules, which include all size and weight limitations; I understand and agree that I will be solely responsible for any and all costs to repair or replace any damage to the facility and/or the equipment therein caused by the undersigned and myself outside of normal wear and tear.

3. I, for myself, and the participant(s) named herein below, acknowledge and understand that there are dangers and risks associated with the activities at Big City Kids, LLC and agree to assume all risk of personal injury, including the potential for paralysis and death, and I, on behalf of myself and the participant(s) undersigned, knowingly and freely assume all such risk, both known and unknown, including those that may arise out of negligence of or conduct of other participants in Big City Kids, LLC activities;

4. I, for myself, and the participant(s) named herein below, and on behalf of our heirs, assigns, administrators, representatives and next of kin, hereby agree to indemnify and release and hold harmless Big City Kids, LLC, affiliates, officers, members, agents, employees, other participants, landlord, equipment manufacturers, and sponsoring agencies against any and all claims, injuries, liabilities, damages, or costs to person or property arising out of or related to our participation in any and all Big City Kids, LLC programs, activities, parties, the use of play area and/or play equipment to the fullest extent of the law.

5. Big City Kids, LLC will perform routine environmental cleaning and disinfecting of our facility, especially for high-touch surfaces, to minimize health risks. Notwithstanding, I, for myself, and the participant(s) named herein below, and on behalf of our heirs, assigns, administrators, personal representatives and next of kin, hereby agree to indemnify and release and hold harmless Big City Kids, LLC, its affiliates, officers, members, agents, employees, other participants, landlord, equipment manufacturers, and sponsoring agencies against any and all claims for resulting infectious disease of illness arising out of or related to our participation in any and all Big City Kids, LLC programs, activities, parties, the use of play area and/or play equipment to the fullest extent of the law. I, for myself, and the participant(s) named herein below, further acknowledge that we are not sick or symptomatic at the time that we are entering Big City Kids, LLC.

6. This release and waiver extends to all acts of negligence by Big City Kids, LLC and is intended to be as broad and inclusive as permitted by the law, and if any portion of this agreement is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.

7. I, for myself, and the participant(s) named herein below, consent to the publication of personal pictures without payment or other consideration, which may be taken by Big City Kids, LLC personnel or their representatives.

8. This Release constitutes the sole and entire agreement of the Company and Individual with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall insure to the benefit of the Company and the Individual and our respective successors, assigns, heirs, executors and personal representatives. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Bonita Springs, Florida and I hereby consent to the exclusive jurisdiction of such courts. Publication may include, but is not limited to, marketing materials, social media marketing, and websites owned by Big City Kids, LLC. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS AS A LEGALLY BINDING CONTRACT AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS FOR MYSELF AND THE PARTICIPANT(S) BY SIGNING IT, FREELY AND VOLUNTARILY WITHOUT INDUCEMENT. FURTHER' ACKNOWLEDGE & AGREE THAT I WILL SUPERVISE ALL PARTICIPANT(S) UNDERSIGNED AT ALL TIMES AND CERTIFY THAT ALL OF THE PROVIDED INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.