Waiver

Participation Agreement, Liability Waiver, and Hold Harmless Agreement

I, and as parent or legal guardian of the child (or children) whose name is set forth below (each referred to as a “Participant” and collectively referred to herein as the “Participants”) and in consideration of the Participants being permitted to participate in the Activities (as defined below) conducted by a Kid at Heart Playland LLC, located at W188N10707 Maple Rd, Germantown, WI 53022 agree as follows:

1. Activities – Activities shall be defined as the various activities and services offered to Participants by A Kid at Heart Playland LLC, an indoor playground and cafe.

I understand that the employees of Kid at Heart Playland LLC are not responsible for Participants who utilize the space and it is the responsibility of the undersigned individual to supervise any minors they bring into the facility.

I, and the children under my care, understand and agree to the safety rules and play guidelines as posted. I acknowledge that these rules and guidelines may change and that I have read and am familiar with them prior to entering the play space and making use of the facility.

• COVID-19 WARNING. An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are extremely vulnerable. BY VISITING A KID AT HEART PLAYLAND LLC, YOU VOLUNTARILY ASSUME ALL RISKS RELATED TO COVID-19.

• Allergens – Attention customers with food allergies. Our facility is NOT food allergen or gluten-free. Please be aware that food on premises may contain or come into contact with common allergens, such as dairy, eggs, wheat, soybeans, tree nuts, peanuts, fish, shellfish or wheat. While we take steps to minimize risk and safely handle the foods that contain potential allergens, please be advised that cross contamination may occur, as factors beyond our reasonable control may alter the formulations of the food we serve, or manufacturers may change their formulations without our knowledge.

• ASSUMPTION OF RISK – In addition to the inherent risk of exposure to COVID-19, I also understand that the Activities entail the risk of bodily injury to the Participants. Injuries that could result may vary, but may include (a) minor injuries such as scratches, pinching, bruises and sprains; (b) major injuries such as eye injury or loss of sight, choking, electric shock. I understand that some magnet toys contain small magnets and that swallowing small parts can stick together across intestines causing serious infections and fatal injury.

I understand that, Kid at Heart Playland LLC cannot eliminate all risks or guarantee the safety of the Participants while Participants participate in the Activities. I have made my own investigation of these risks, understand these risks, and assume them knowingly and willingly on behalf of myself and my minor Participant child. Notwithstanding these risks and other hazards that may be foreseeable but not specifically identified herein, I, for myself and any minor Participant child, and our respective heirs, personal representatives and assigns, understand, acknowledge, and expressly and voluntarily assume all risks and full responsibility for any sickness or injury arising out of or related to the Activities.

• 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 A Kid at Heart Playland 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 Kid at Heart Playland LLC 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.

• Indemnification And Hold Harmless – I agree to indemnify Kid at Heart Playland LLC and hold Kid at Heart Playland LLC 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 my or my minor Participant child’s involvement in the Activities and agree to reimburse Kid at Heart Playland LLC for any such costs, expenses and fees as they are incurred.

• Security Cameras. I understand that security cameras installed around and within Kid at Heart Playland LLC facility are for the safety of all participants and may be referenced should any incidents or injury occur.

• Photo Release. I grant Kid at Heart Playland LLC permission to use any photographs, video, or sound bites obtained of me or any minor Participant child at Kid at Heart Playland LLC 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.