RELEASE AND WAIVER OF LIABILITY & ASSUMTION OF RISKS AGREEMENT

*****THIS DOCUMENT AFFECTS YOUR RIGHTS – PLEASE READ

BEFORE SIGNING*****

On behalf of myself and of the Minor Child(ren) listed below (collectively, the “Participant”), hereby acknowledge that I have voluntarily elected to participate in one or more activities (the “Activities”) at BIGBOXPLAY, operated by BIGBOXPLAY, Inc., a Delaware corporation (“BBP”), located inside the Santa Clarita Soccer Center (“SCSC”), which is owned and operated by BBP’s landlord SCSC, L.P (“Lessor”), at 25385 Rye Canyon Road, Santa Clarita, CA 91355 (the “Premises”). The Activities include, but are not limited to, entering, accessing, visiting, occupying, operating, participating, playing, or engaging in any physical, sports, academic, educational, recreational, leisure, or spectator activity, or attending parties or watching live events and performances on the Premises. In consideration for being permitted to participate in the Activities and enter the Premises, I, on behalf of myself and the Minor Child(ren), hereby acknowledge and agree to the following:

1. BBP’S RULES AND DIRECTIONS: I acknowledge that the Activities may be unsupervised. I hereby agree, on behalf of myself and of the Minor Child(ren), to follow all of BBP’s Rules during my participation in the Activities and while on the Premises. Further, I agree to follow all safety, security, and other directions given to me by BBP’s staff or as set forth in BBP’s Code of Conduct, which I have been provided a copy of. I grant BBP the right to terminate my participation in the Activities if BBP determines, in its sole discretion, that my conduct adversely affects other participants or violates any of BBP’s Rules.

2. INFORMED CONSENT AND ASSUMPTION OF RISK: I have been informed of and understand that various aspects of the Activities are inherently dangerous and that while participating in the Activities I or the Minor Child(ren) could sustain property damage, unwanted contact or harassment by third parties, personal injuries, loss, trauma, illness, paralysis, disability or even death (collectively, the “Risks”) as a consequence of the actions, inactions or negligence of others, conditions of the Premises and/or the inflatables or play equipment used. I also understand that there may be other risks known or not known to me or not reasonably foreseeable at this time. I further understand and agree that any property damage, unwanted contact or harassment by third parties, personal injuries, loss, trauma, illness paralysis, disability or even death that I or the Minor Child(ren) may sustain by any means is not the responsibility of BBP, its agents, owners, shareholders, directors, officers, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, subsidiaries, related and affiliated entities, or successors and assigns, except to the extent of BBP’s criminal acts, gros negligence or willful misconduct. I, ON BEHALF OF MYSELF AND THE MINOR CHILD, EXPRESSLY AGREE TO ACCEPT AND ASSUME THE RISKS AND VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES REGARDLESS

OF THE RISKS.

3. RELEASE AND WAIVER OF LIABILITY: I, on behalf of myself, the Minor Child(ren), my spouse, parents, personal representatives, heirs, executors, administrators, agents, and assigns, hereby release, waive, discharge, and covenant not to sue BBP, including its agents, owners, shareholders, directors, officers, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, subsidiaries, related and affiliated entities, successors and assigns (collectively, the “Released Parties”) for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from, or in connection with, property damage, unwanted contact or harassment by third parties, personal injuries, loss, trauma, illness, paralysis, disability or death that occur to me or the Minor Child(ren), to any other person, or to any property during the Activities or in any way related to the Activities, whether known or unknown, except to the extent of the criminal acts, gross negligence or willful misconduct by the applicable Released Party. Therefore, with the understanding that a waiver of all future liability for any and all claims, whether known or unknown, is a material term of the Agreement without which BBP would not have entered into the Agreement, by giving this release, I expressly waive any rights I or the Minor Child(ren) may have under California Civil Code Section 1542, which provides that: “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 or her settlement with the debtor.”

4. CHOICE OF LAW / SEVERABILITY: In the event that I, my spouse, or my representatives, file a lawsuit, on behalf of myself and the Minor Child(ren), against BBP, the Released Parties, or any one of them, I agree to do so solely in the state of California and I further agree to the substantive law of the state of California shall apply in the action without regard to the conflict of law rules of the state. I further agree that if any part of this Agreement is determined to be unenforceable, all other parts shall remain fully effective.

5. MINOR CHILD(REN). I certify that I have the authority, as a parent, legal guardian, or authorized custodian of the Minor Child(ren), a) to sign on behalf of the Minor Child(ren), b) to make decisions for the Minor Child(ren) regarding the Activities, and c) assume the risk of such Activities on behalf of the Minor Child(ren). I understand the nature of the Activities and the minor’s experience and capabilities, and confirm that the Minor Child(ren) is/are capable of participating in the Activities. I hereby release, discharge, covenant not to sue, and agree to defend, indemnify and hold harmless the Released Parties from all liabilities and claims that arise in any way from any property damage, unwanted contact or harassment by third parties, personal injuries, loss, trauma, illness, paralysis, disability or death that occurs to the Minor Child(ren) in any way related to the Activities, except to the extent of criminal acts, gross negligence or willful misconduct by the applicable Released Party.

6. TREATMENT. In the event that medical attention is needed for myself or the Minor Child(ren), I represent that I have the authority to, and hereby do grant permission for basic first-aid and assistance to be administered by BBP staff. In the event that professional medical treatment is needed, I grant BBP permission to call 911 and authorize medical care to be administered by trained medical professionals at my own expense. I agree to waive, release, defend, indemnify and hold harmless the Released Parties, from and against all claims, damages, injuries, and expenses (including attorneys’ fees), arising out of or resulting from or failing to administer medical assistance to me or the Minor Child(ren).

7. PHOTOS AND VIDEOS (USE OF MY OR THE MINOR CHILD(REN)’S LIKENESS): I understand that during the Activities and at any time that I am on the Premises, I or the Minor Child(ren) may be photographed or videotaped while in public areas. I grant to BBP and its photographers, marketing team, and all other assignees irrevocable permission to use and publish such photos or videos of me or of the Minor Child(ren) for advertising and promotional purposes, in any manner and in any media now known or hereinafter created. Without limitation of the foregoing, I expressly acknowledge and agree that BBP may use my or the Minor Child(ren)’s likeness on its website solely for purposes of marketing BBP. I further waive any right to inspect or approve the use of the photos or videos and acknowledge that the rights I am granting BBP to use my or the Minor Child(ren)’s likeness are without compensation of any kind.

I HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND WHAT IT SAYS, AND, ON BEHALF OF MYSELF AND THE MINOR CHILD(REN), AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, IN WRITING OR ELECTRONICALLY, I AM GIVING UP SUBSTANTIAL RIGHTS OF MYSELF AND THE MINOR CHILD(REN). I CONFIRM THAT I AM VOLUNTARILY PARTICIPATING AND/OR ALLOWING THE MINOR CHILD(REN) TO PARTICIPATE IN THE ACTIVITIES, ASSUMING ALL RISKS ASSOCIATED WITH THE ACTIVITIES.

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