Tuffy’s Playhouse LLC Waiver

30403 Kings Valley Dr, Suite 1-104, Conifer, CO 80433, US

BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE’S AND MINOR’S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM DECIDED BY A JURY.

1. Acknowledgment of Risk

I, the undersigned, acknowledge and agree that participation in activities at Tuffy’s Playhouse LLC, including but not limited to use of play equipment, slides, obstacle courses, climbing structures, and other physical or recreational activities, involves inherent risks of injury. These risks may include, but are not limited to, falls, collisions with other participants or structures, and other unforeseen hazards. I understand that serious injury may result from participation, and I voluntarily assume full responsibility for any and all risks associated with such activities.

2. Waiver and Release of Liability

In consideration of being permitted to enter and use the facilities at Tuffy’s Playhouse LLC, I hereby release, waive, discharge, and hold harmless Tuffy’s Playhouse LLC, its owners, officers, employees, agents, contractors, affiliates, and landlords from any and all liability, claims, demands, causes of action, or losses arising out of or related to any injury, disability, death, or property damage that may be sustained while on the premises, whether caused by the negligence of the released parties or otherwise.

This includes, but is not limited to, injuries resulting from slips, falls, collisions, equipment use, or accidental choking on small toys, food items, or foreign objects. I acknowledge that while reasonable efforts are made to keep the facility clean and safe, it is impossible to guarantee the absence of small items that may pose a choking hazard, especially for younger children. I agree that I am solely responsible for supervising my child(ren) at all times and ensuring their safety.

I agree that Tuffy’s Playhouse LLC is not liable to us or our guests, 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 Tuffy‘s Playhouse LLC was negligent.

3. Parental or Guardian Consent (for Minors)

If I am signing on behalf of a minor child or children, I represent that I am the parent or legal guardian of the child(ren) listed below, and I agree that the above waiver and release of liability shall apply to each child. I assume full responsibility for the safety and supervision of the child(ren) in my care and agree to ensure they follow all safety rules and staff instructions at all times.

4. Rules and Conduct

I agree to comply with all posted rules and instructions from staff. I understand that failure to comply may result in being asked to leave the premises without refund. I understand that food, drink, and inappropriate behavior may be restricted in certain areas.

5. Wi-Fi Use Policy

If I choose to use the on-site public Wi-Fi, I understand and agree to the following terms:

The Wi-Fi is provided as a courtesy and is not guaranteed to be secure or uninterrupted.

I will not use the network to engage in any illegal activity, including but not limited to downloading or distributing copyrighted material without authorization, accessing or transmitting harmful or malicious content, or engaging in any behavior that violates federal, state, or local law.

Tuffy’s Playhouse LLC is not responsible for any data breaches, viruses, or loss of data while using the public Wi-Fi. Users are responsible for securing their own devices.

6. Medical Treatment

In the event of an emergency, I consent to first aid treatment by staff or emergency personnel. I understand that I am responsible for any and all medical expenses incurred as a result of injury.

7. Sever-ability

If any part of this agreement is found to be invalid or unenforceable by a court of law, the remainder shall remain in full force and effect.

8. Governing Law

This agreement shall be governed by the laws of the State of Colorado. Any legal action or proceeding shall be brought exclusively in a court of competent jurisdiction within Colorado.

9. Disease

I am willing to maintain and practice social distancing between individuals while at the PREMISES, exhibit no symptoms of COVID-19. I accept I may contract COVID-19 or another disease while at the PREMISES, and hold Tuffy‘s Playhouse LLC harmless for all damage arising from such.

10. Attorneys’ Fees

To the extent permitted by law, I promise to indemnify and pay Tuffy‘s Playhouse LLC for any attorneys’ fees and/or costs incurred to enforce the Mediation, Arbitration portion of this AGREEMENT, including all costs associated with any collection efforts.

11. SMS Messages

If you provide Tuffy’s Playhouse LLC with a mobile phone number, you are verifying that it is your mobile number and that you are providing prior written consent to receive occasional SMS messages to your number for customer service and other transactional purposes. You understand and agree that you may receive these messages through the use of automated technology. Message and data rates may apply.

By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived, for me, and my spouse, legal partner, children, wards, heirs, assigns, personal representatives and estate, the right to maintain any action in court or to be decided by a jury against Tuffy’s Playhouse LLC on the basis of any claim from which I have released Tuffy’s Playhouse LLC and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or My People and agreed to indemnify and hold harmless Tuffy’s Playhouse LLC and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Tuffy’s Playhouse LLC and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the PREMISES, and/or claims asserted by by myself or spouse, legal partner, children, wards, heirs, assigns, personal representatives and estate, against Tuffy’s Playhouse LLC and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

(Repeat) Tuffy’s Playhouse LLC Waiver 30403 Kings Valley Dr, Suite 1-104, Conifer, CO 80433, US BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE’S AND MINOR’S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM DECIDED BY A JURY. 1. Acknowledgment of Risk I, the undersigned, acknowledge and agree that participation in activities at Tuffy’s Playhouse LLC, including but not limited to use of play equipment, slides, obstacle courses, climbing structures, and other physical or recreational activities, involves inherent risks of injury. These risks may include, but are not limited to, falls, collisions with other participants or structures, and other unforeseen hazards. I understand that serious injury may result from participation, and I voluntarily assume full responsibility for any and all risks associated with such activities. 2. Waiver and Release of Liability In consideration of being permitted to enter and use the facilities at Tuffy’s Playhouse LLC, I hereby release, waive, discharge, and hold harmless Tuffy’s Playhouse LLC, its owners, officers, employees, agents, contractors, affiliates, and landlords from any and all liability, claims, demands, causes of action, or losses arising out of or related to any injury, disability, death, or property damage that may be sustained while on the premises, whether caused by the negligence of the released parties or otherwise. This includes, but is not limited to, injuries resulting from slips, falls, collisions, equipment use, or accidental choking on small toys, food items, or foreign objects. I acknowledge that while reasonable efforts are made to keep the facility clean and safe, it is impossible to guarantee the absence of small items that may pose a choking hazard, especially for younger children. I agree that I am solely responsible for supervising my child(ren) at all times and ensuring their safety. I agree that Tuffy’s Playhouse LLC is not liable to us or our guests, 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 Tuffy‘s Playhouse LLC was negligent. 3. Parental or Guardian Consent (for Minors) If I am signing on behalf of a minor child or children, I represent that I am the parent or legal guardian of the child(ren) listed below, and I agree that the above waiver and release of liability shall apply to each child. I assume full responsibility for the safety and supervision of the child(ren) in my care and agree to ensure they follow all safety rules and staff instructions at all times. 4. Rules and Conduct I agree to comply with all posted rules and instructions from staff. I understand that failure to comply may result in being asked to leave the premises without refund. I understand that food, drink, and inappropriate behavior may be restricted in certain areas. 5. Wi-Fi Use Policy If I choose to use the on-site public Wi-Fi, I understand and agree to the following terms: The Wi-Fi is provided as a courtesy and is not guaranteed to be secure or uninterrupted. I will not use the network to engage in any illegal activity, including but not limited to downloading or distributing copyrighted material without authorization, accessing or transmitting harmful or malicious content, or engaging in any behavior that violates federal, state, or local law. Tuffy’s Playhouse LLC is not responsible for any data breaches, viruses, or loss of data while using the public Wi-Fi. Users are responsible for securing their own devices. 6. Medical Treatment In the event of an emergency, I consent to first aid treatment by staff or emergency personnel. I understand that I am responsible for any and all medical expenses incurred as a result of injury. 7. Sever-ability If any part of this agreement is found to be invalid or unenforceable by a court of law, the remainder shall remain in full force and effect. 8. Governing Law This agreement shall be governed by the laws of the State of Colorado. Any legal action or proceeding shall be brought exclusively in a court of competent jurisdiction within Colorado. 9. Disease I am willing to maintain and practice social distancing between individuals while at the PREMISES, exhibit no symptoms of COVID-19. I accept I may contract COVID-19 or another disease while at the PREMISES, and hold Tuffy‘s Playhouse LLC harmless for all damage arising from such. 10. Attorneys’ Fees To the extent permitted by law, I promise to indemnify and pay Tuffy‘s Playhouse LLC for any attorneys’ fees and/or costs incurred to enforce the Mediation, Arbitration portion of this AGREEMENT, including all costs associated with any collection efforts. 11. SMS Messages If you provide Tuffy’s Playhouse LLC with a mobile phone number, you are verifying that it is your mobile number and that you are providing prior written consent to receive occasional SMS messages to your number for customer service and other transactional purposes. You understand and agree that you may receive these messages through the use of automated technology. Message and data rates may apply. By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived, for me, and my spouse, legal partner, children, wards, heirs, assigns, personal representatives and estate, the right to maintain any action in court or to be decided by a jury against Tuffy’s Playhouse LLC on the basis of any claim from which I have released Tuffy’s Playhouse LLC and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or My People and agreed to indemnify and hold harmless Tuffy’s Playhouse LLC and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Tuffy’s Playhouse LLC and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the PREMISES, and/or claims asserted by by myself or spouse, legal partner, children, wards, heirs, assigns, personal representatives and estate, against Tuffy’s Playhouse LLC and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. Name

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Child(ren) Name(s) & Age(s)

Additional Adults

By typing my name below, I understand and agree that this form of electronic signature has the same legal force and effect as a manual signature.

Date

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