Waiver

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TumbleTown Playground Assumption of Risk, Release, and Waiver of Liability and Indemnity Agreement

Agreement and Signature

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Parent or Legal Guardian Certification and Consent – I hereby certify that I am the parent or legal guardian of the minor Participant children whose name(s) appear above, and I have authority to waive rights on behalf of the minor Participant(s). I have read and I understand all of the provisions of this document and the risks of the Activities. I understand that the Activities could cause injury and even death. I acknowledge that I have read and understand the terms of this document and I am freely and voluntarily signing this document.  This Participation Agreement, Liability Waiver, and Hold Harmless Agreement have no expiration date.

In consideration of being allowed by Barakah Local Services (referred to as "TumbleTown Playground" or "TT") to use the facilities and equipment, now and in the future, I, the undersigned, on behalf of myself and, if applicable, my child or ward (collectively "I" or "Participant"), my spouse, heirs, estate, insurers, and assigns, agree to the following:

1. Assumption of Risks

I understand that indoor playgrounds involve risks that can't be eliminated without changing the nature of the activities. Children and adults may face risks such as cuts, bruises, falls, or more serious injuries like sprains, fractures, or even death. These risks can arise from activities, equipment use, or other participants’ actions. Participation at TumbleTown Playground is voluntary, and I accept these inherent risks for myself and, if applicable, my child or ward. Further, I/We, agree to waive any and all claims for damages against

TumbleTown Playground for any and all reasons arising out of I/our participation in this activity.

2. Parent/Guardian Responsibilities

As the parent/legal guardian of children mentioned in this form, I understand that using TumbleTown Playground involves inherent risks of injury, and I hereby release TumbleTown Playground, its employees, and agents from any liability for injuries sustained by my child while using the playground facilities. I agree to always supervise my child while at the facility and to ensure they follow all posted safety rules.

3. Indemnification

I hereby agree to release, waive, and forever discharge TumbleTown Playground, its agents, employees, and representatives from any and all claims, demands, or causes of action, including those arising from negligence, for any personal injury, property damage, or loss which may occur to me or my dependents while using the playground facilities, except in cases of gross negligence or intentional misconduct by TumbleTown Playground.

4. Health and Medical Care

I confirm that I and, if applicable, my child or ward are in good health without any special medical conditions that would impact participation. I authorize emergency medical care if needed and agree to cover associated costs.

5. Release, Discharge & Agreement Not To Sue

I, for myself and any minor Participant child and our respective heirs, personal representatives and assigns, do hereby release, discharge and agree not to sue TumbleTown Playground or its managers, members, employees and/or other agents, for any sickness, injury to or death of any Participant arising, directly or indirectly, from participation in the Activities. This release, discharge and covenant not to sue shall relate to any and all claims or legal rights now existing or arising in the future, including claims and legal rights arising out of any negligence of TumbleTown Playground and/or its managers, members, employees and/or other agents and any other breach of a legal duty arising out of common law, statute, contract or otherwise.

6. Indemnification and Hold Harmless

I agree to indemnify TumbleTown Playground and hold TumbleTown Playground harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees and costs, incurred due to claims brought by any party as a result of or arising out of me or my minor Participant child’s involvement in the Activities and agree to reimburse TumbleTown Playground for any such costs, expenses and fees as they are incurred.

7. Photo/Recordings Release

I grant TumbleTown Playground permission to use any photographs, video, or sound bites obtained of me or any minor Participant child at TumbleTown Playground’s facility for any legal use including but not limited to publicity, advertisement and web content. I understand that no royalty or other compensation shall be payable to me or the minor Participant by reason of such use.

8. Dispute Resolution

The parties agree that any dispute arising out of this agreement shall be resolved through binding arbitration, at the sole discretion of TumbleTown Playground under the rules of the American Arbitration Association. Each party shall bare their own costs of any legal dispute. Any dispute TumbleTown Playground elects to not resolve through binding arbitration must be filed in the Circuit Court for the County of Oakland County Michigan under Michigan Law.

9.Limitation of Damages

The parties agree that the extent of damages any customer may receive will be limited to the amount of money paid to TumbleTown Playground for use of the facility.

10.Statute of Limitations

The parties agree that any claim for any reason arising out of the use or planned use of the TumbleTown Playground facility must be brought within six (6) months of the date of the alleged cause of action accrues.

11. Severability

If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid.

12.Integration Clause

This instrument contains the entire agreement between the parties hereto and supersedes all prior written and/or oral agreements. This Agreement may be altered or modified only in writing signed by the parties hereto.

13. Acknowledgment of Understanding

I HAVE READ AND UNDERSTOOD THIS AGREEMENT. I AM AWARE THAT I AM WAIVING CERTAIN LEGAL RIGHTS ON BEHALF OF MYSELF AND, IF APPLICABLE, MY CHILD OR WARD.