High Tides & Good Vibes Surf City

Release and Waiver Form

PLEASE READ THIS DOCUMENT CAREFULLY & COMPLETELY

This Agreement is entered into by the Adult Participant, on behalf of themselves and as a parent or legal guardian for any Child Participant(s) listed (collectively, "Participant") as well as anyone else in their party, in favor of [HIGH TIDES & GOOD VIBES SURF CITY] (the "Company"). In consideration for being permitted access to the premises (the "Premises") and participation in the activities offered by the Company, Participant agrees as follows

1. NATURE OF ACTIVITIES AND ACKNOWLEDGMENT OF RISK

The Company operates a family entertainment center offering activities including, but not limited to, jumping, dodgeball, climbing, obstacle courses, and adventure attractions (the "Activities"). Participant acknowledges:

• Inherent Risks: The Activities inherently entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to property

• Specific Injuries: Risks include, but are not limited to, cuts, bruises, broken bones, concussions, equipment failure, and collisions

• Voluntary Participation: Participation is purely voluntary, and Participant elects to participate despite the risks

• Physical Fitness: Participant represents they possess a sufficient level of physical fitness for safe participation and have no health problems that would prevent participation

2. RELEASE OF LIABILITY AND INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT AGREES TO RELEASE, DISCHARGE, AND HOLD HARMLESS the Company and its owners, officers, employees, and landlords (collectively, the "Releasees")

• Negligence: This release includes claims resulting from the negligence, gross negligence, or strict liability of the Releasees

• Indemnity: Participant shall indemnify and defend the Releasees against any costs or claims (including attorney's fees) arising out of the Participant’s use of the Premises or Activities

• Covenant Not to Sue: Participant agrees not to institute legal proceedings against any Releasee for any claims released herein

3. ALCOHOL, CONDUCT, AND MEDICAL CARE

• Impairment: Participant shall not participate in any Activities if they have consumed alcohol or are otherwise intoxicated

• Rule Compliance: Participant agrees to obey all posted rules and staff instructions

• Emergency Care: Participant authorizes the Company to secure emergency medical care or transportation at the Participant’s sole expense

• Medical Insurance: Participant certifies they have adequate insurance to cover any injury or damage they may cause or suffer, or else they agree to bear the costs themselves

4. COMMUNICABLE DISEASES AND EQUIPMENT

• Communicable Diseases: Participant acknowledges the inherent risk of exposure to communicable diseases, including but not limited to COVID-19, and voluntarily assumes all such risks.

• Equipment Rental: Any equipment provided (e.g., jump socks, harnesses) is accepted in its current "as-is" condition¹⁷. Participant assumes all risks associated with equipment use and must alert staff to any visible defects

5. LICENSE AND USE OF LIKENESS

Participant irrevocably grants the Company the right to photograph or video record the Participant and use their name, likeness, and voice for any purpose, including advertising, in perpetuity and without compensation.  Participant waives any right to inspect or approve the finished product

6. DISPUTE RESOLUTION AND BINDING ARBITRATION

• Arbitration: Any dispute arising out of this Agreement or Activities shall be settled by binding arbitration before a single arbitrator

• Waiver of Jury Trial: Participant and the Company knowingly and voluntarily waive their right to a jury trial

• Time Limit: Any claim must be brought within one (1) year of the date of the alleged injury

• Governing Law: This Agreement is governed by the laws of the state where the Premises are located

RULES AND SAFETY ACKNOWLEDGMENT

To ensure a safe and fun environment for all guests, please review and acknowledge the following safety standards. This document serves as a supplement to the Release and Waiver of Liability and Indemnification Agreement

General High Tides Rules

• Obey All Instructions: Participants must obey all posted rules and alert staff to any dangerous behavior or rule violations

• Safe Participation: Only attempt Activities that you can perform safely based on your own skill level

• Personal Health: Discontinue participation immediately if you feel unusual discomfort, such as faintness, shortness of breath, or chest pains

• Capacity: You represent that you possess the physical fitness and skill level required for safe participation

Prohibited Conduct

• Alcohol & Impairment: No person may participate in any Activities if they have consumed alcohol or are otherwise impaired

• Dangerous Behavior: Erratic behavior or using improper form or technique is strictly prohibited as it increases the risk of collisions and injury

• Safety Equipment: Any safety attachments or equipment provided must be used correctly; failure to do so may result in removal from the center

Assumption of Risks

Participants acknowledge that the nature of these Activities involves inherent risks, including but not limited to:

• Physical Contact: Collisions with other participants, standards, or supports

• Falls: Slipping, tripping, or landing incorrectly

• Equipment Issues: Potential equipment failure or failure of attraction surfaces

• Injuries: Risks ranging from minor cuts and bruises to serious injuries such as broken bones, concussions, paralysis, or death

Participant Warranty

By entering the Premises, you warrant that:

• You have received medical clearance from a physician or have determined such clearance is unnecessary for your safe participation

• You are not aware of any health problems that would prevent you from participating

• You accept all costs associated with emergency medical care or transportation if it is deemed necessary by staff

7. ENFORCEABILITY AND ELECTRONIC SIGNATURE

If any portion of this Agreement is held invalid, the balance shall continue in full legal force and effect.  Participant agrees that their electronic signature below has the same legal effect as a handwritten signature