The individual named below (referred to as “I” or “me”) desires to participate in playset/trampoline park access, trampoline basketball, playset play activities (including use of swings, slides, monkey bars and climbing walls), basketball, and any other amusement activities (the “Activity”) provided by Spectrum Playground Equipment, Inc. and its agents, owners, parent company, subsidiaries or other affiliates, affiliated facilities, franchisors, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively, “Spectrum”), at any one of the Spectrum showrooms (the “Premises”). In consideration of being permitted by Spectrum to enter the Premises and participate in the Activity and in recognition of Spectrum’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).

1. Assumption of the Risk. I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss, which may derive from any of, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, Spectrum, and/or any other person and/or entity while on the premises. I hereby voluntarily assume all such risks. I am also aware of the highly contagious nature of bacterial and viral diseases, including MRSA, RSV, influenza and COVID-19 (collectively, the “Diseases”) and the risk that I may be exposed to or contract any Disease by being on the Premises and engaging in the Activity, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Spectrum employees or others, including negligent emergency response or rescue operations of Spectrum. I understand that Spectrum cannot guarantee that I will not be injured or become infected with a Disease or other infectious diseases while on the Premises or during my participation in the Activity and that being on the Premises and engaging in the Activity may increase my risk of contracting a Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF SPECTRUM OR OTHERWISE.
   


2. Release of Liability; Covenant not to Sue. I hereby expressly waive and release any and all claims, now known or hereafter known, against Spectrum and its Equipment Suppliers (as defined below) officers, directors, managers, employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating in the Activity, whether arising out of the ordinary negligence of Spectrum or any Releasees or otherwise. I covenant not to make or bring any such claim against Spectrum or any other Releasee, and forever release and discharge Spectrum and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that applicable state law does not permit to be released by agreement. I further understand and acknowledge that Spectrum does not manufacture the playsets, trampolines or other equipment in its facilities but purchases and/or leases the playsets, trampolines and equipment and therefore Spectrum may not be held liable for defective products. suppliers, designers, installers, manufacturers of any playsets, trampoline equipment or such other material and equipment on Spectrum’s Premises (collectively, the “Equipment Suppliers”). This Release is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of Spectrum or any Equipment Suppliers.


3. Representations. I confirm that (i) I am not, and will not participate in the Activity, under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in the Activity; (ii) I have not been advised against activities by a health professional; and (iii) I agree that I do not have to participate in any Activity that I do not voluntarily wish to participate in and that I will only participate in any Activity for which I have sufficient skill to avoid injury. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activity. I agree to be familiar with and to abide by the rules established for the Activity, which include without limitation the rules posted in the facility and/or the website. I accept sole responsibility for my own conduct and actions while participating in the Activity, and the condition and adequacy of the equipment. I confirm that I am: (a) in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) not experiencing symptoms of any Disease (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever), do not have a confirmed or suspected case of any Disease, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having any Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and any Disease while on the Premises or participating in the Activity. I will also follow all instructions, recommendations, and cautions of Spectrum and its staff at all times. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of a Disease, I will immediately discontinue further participation in the Activity. I acknowledge that Spectrum is relying on these statements to allow me to participate in the Activity.


4. Indemnification. I shall defend, indemnify, and hold harmless Spectrum and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against Spectrum or any other Releasees in a final non-appealable judgment, arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Activity, including any claim related to my own negligence or the ordinary negligence of Spectrum or any other Releasee. I further agree to indemnify and hold harmless Spectrum for any injury, damage and/or harm I cause to Spectrum or its facility and to any and all other persons and entities acting in any capacity on behalf of Spectrum.


5. Personal Property. I agree Spectrum is not liable to me for any personal property that is damaged, lost, or stolen while on or about the Premises including, but not limited to, a vehicle or its content or any property in a locker or otherwise, whether or not Spectrum was negligent.


6. Medical Consent. Medical I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless Spectrum and all other Releasees from any claim based on such treatment or other medical services.


7. Photo & Video Release. By entering Spectrum and participating in the Activities, I hereby grant Spectrum the irrevocable right and permission to photograph and/or record me in connection with Spectrum and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and I acknowledge and agree that the rights granted by this release are without compensation of any kind.


8. Term. I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I visit Spectrum, whether at the current Premises or any other Spectrum location or facility, including, or any of its subsidiary or affiliates’ locations or facilities. The undersigned further expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.


9. Dispute Resolution. If a dispute arises out of or relates to this Agreement and/or Spectrum and/or other Releasee and/or any Activity and/or an incident that occurs while on the Premises, and/or while using any items purchased in or about the premises, as well as the installation, design, construction, and condition of the facility by Spectrum and/or other Releasee party, involving a single claimant, or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations, and unless the parties agree on a different mediation or non-binding arbitration process, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures available at http://www.adr.org before resorting to non-binding arbitration. Thereafter, any unresolved claims shall be submitted to non-binding arbitration administered by the AAA in accordance with its Non-Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws of the State in which the Premises is located. In-person hearings will take place pursuant to the Non-Binding Consumer Arbitration Rules in the county/parish and state in which Spectrum is located. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any non- binding arbitration hereunder without the prior written consent of both parties. The parties agree to mediation and non-binding arbitration of any and all claims, disputes and grievances, not otherwise excepted herein, arising out of or relating to this Agreement, the participation in any on-site Activity and/or while on the Premises, and/or while using any items purchased in or about the Premises, as well as the installation, design, construction, and condition of the facility by Spectrum and/or other Releasee. A copy of the Rules mentioned herein may be obtained from the AAA by visiting AAA’s website at http://www.adr.org. The scope of this Agreement is intended to be as broad as possible under applicable law, and shall include all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to non-binding arbitration the issues of substantive and procedural arbitrability, including defenses to arbitration and all disputes regarding the enforceability, interpretation, breadth, scope and meaning of this Agreement. The parties reserve their rights to resolve disputes involving less than $10,000.00 in an applicable small claims or district court in the county/parish and state in which Spectrum is located that are within the scope of the small claims’ or district court’s jurisdiction. In the event non-binding arbitration does not totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against Spectrum shall be in the county/parish and state in which the Premises is located. It is further agreed that the substantive law of the State in which Spectrum is located shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non- binding arbitration decision or award may not be entered in any federal or state court having jurisdiction.