Little Town LLC: Waiver, Release, Hold Harmless, and Indemnification Agreement

Legal Rights

By signing this Agreement, I understand that I am waiving certain rights for myself, and the minors named herein, including the right to pursue any legal action or claim.

Authorization to Sign

By signing this Agreement, I represent, under penalty of perjury, that I am actually authorized to sign this Agreement on behalf of all individuals named herein, and I am authorized to waive any rights held by those individuals to pursue a claim or legal action against Little Town for any injury, including paralysis or death, caused in whole or in part by the negligence or fault of Little Town, including any of its owners, affiliates, agents, employees, insurers, vendors, and suppliers. I acknowledge and understand that Little Town is relying upon this representation before allowing participants to enter and use this facility. I further understand, acknowledge, and agree that any fraudulent or inaccurate representation in this Agreement may subject me to certain obligations and legal action, including but not limited to, defense and indemnification, fraud, and trespass.

Personal Responsibility

In consideration for permission to enter our facility, the play area and/or participate in any class, party, or event at Little Town, I, and on the behalf of the Participant(s) identified, acknowledges, understands, and agrees to the following:

I acknowledge and understand that there are risks of serious injury associated with participation in Little Town activities and use of the facility play area including but not limited to: contusions, scrapes, cuts, permanent disability, paralysis, or death. I acknowledge and accept that these risks may be caused by my child’s actions, or by actions of other participants. Furthermore, I acknowledge and accept that there may be other unforeseeable risks not known to me and I willingly assume all the risks outlined above.

I agree that the Participant(s) in my care and I shall comply with all rules and safety signs posted in the facility and follow verbal instructions from staff as conditions for participating in activities at Little Town.

I, for myself, and the Participant(s) in my care, agree to hold harmless and indemnify the owners of Little Town, Little Town LLC, their predecessors, administrators, subsidiaries and affiliates, officers, and employees from any and all injuries, liabilities or damages from participation in activities at Little Town. In addition, I agree to indemnify the independentowners of Little Town, Little Town LLC, their predecessors, administrators, subsidiaries and affiliates, officers, and employees for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation.

I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.

I hereby give consent for Little Town to use any film, pictures, or video of participants for any purpose whatsoever, without payment to the participant.

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.

Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration in Powell, Ohio before a single arbitrator in accordance with the rules of the American Arbitration Association then in effect.

I agree that Little Town is not liable 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 contents, or any property in a locker.

An individual MUST have reached the age of majority in their state of residence to sign this Agreement on their own behalf. To sign this Agreement on behalf of any individual who is under the age of majority (a minor), an adult MUST be the minor’s parent or legal guardian or must be actually authorized to sign on the minor’s behalf.

Release of Liability

Despite all known and unknown risks, including but not limited to, serious bodily injury, permanent disability, paralysis, and death, that may be sustained while on the premises, I, on behalf of myself, and all individuals named herein, including minor children, and their respective wards, heirs, assigns, personal representatives, and estates, if any (collectively, the “RELEASORS”) hereby expressly, unconditionally, and voluntarily agree to release, relinquish, waive, hold harmless, forever discharge, and covenant not to sue Little Town and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on Little Town’s behalf, including suppliers, designers, installers, vendors, or manufacturers of any trampoline equipment, foam pit material, or other material or equipment at the premises (collectively, the “RELEASEES”), from any and all liability for any causes of action, suits, sums of money, controversies, damages, judgments, claims, or demands, whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by the RELEASEES while the RELEASORS are on or about the premises, participating in, or as a result of participating in, any of the activities on or about the premises, and/or using any items purchased on or about the premises, regardless of how any claim or accident may occur and whether the action arises out of any damage, loss, personal injury, emotional injury, or death to the RELEASORS. This release of liability is effective and valid regardless of whether the damage, loss, personal injury, emotional injury, or death is a result of any negligent act or omission by the RELEASEES. This release of liability further includes any claims for first-aid or medical treatment provided (negligently or otherwise) or failed to be provided by the RELEASEES.

Covenant Not to Sue

The RELEASORS agree that the RELEASORS WILL NOT SUE OR MAKE A CLAIM against the RELEASEES, expressly including the owner and operator of the premises as well as the employees working at the premises for damages or other losses sustained as a result of my or the minor(s) identified below, participating in the activities.

Defense and Indemnification

I, the undersigned parent or legal guardian, agree to indemnify, defend, and hold harmless Little Town, its owners, employees, agents, contractors, affiliates, and representatives (collectively, the “Released Parties”) from and against any and all claims, demands, causes of action, suits, liabilities, damages, costs, expenses, and attorney fees arising out of or resulting from my child’s participation in activities at Little Town.

This includes, but is not limited to, claims of personal injury, property damage, or wrongful death, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law. I acknowledge that I am voluntarily allowing my child to participate in the activities and assume full responsibility for any risk of bodily injury, death, or property damage, whether foreseen or unforeseen.

This indemnification shall survive the completion of participation in activities at Little Town.

Arbitration and Venue

Any and all disputes or claims arising out of or relating to this Agreement, a breach thereof, the premises, facilities, activities, property damage (real or personal), personal injury(including death), or the scope, interpretation, arbitrability, or validity of this Agreement, including this arbitration agreement, shall be brought by the parties only in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled and finally resolved exclusively by binding, confidential, and private arbitration before a single arbitrator administered by the American Arbitration Association. The location of the arbitration shall be at a location determined by the arbitrator pursuant The decision and award shall be binding upon all parties, and judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. No award shall exceed the amount of the claim submitted by either party, and the arbitrator shall have no authority to award punitive or exemplary damages or attorneys’ fees. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Ohio, without regard to “choice of law” principles. Notwithstanding the provision with respect to the applicable substantive law, arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.). If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph. Based upon the foregoing, I acknowledge that the right to a trial by jury, via a civil action, is being specifically waived/given up.

This waiver is signed once and is valid for any future visits to Little Town with no expiration.