ASSUMPTION OF RISK AND RELEASE OF LIABILITY

The individual named below (“I” or “me”) is a guardian, parent, or authorized caregiver of the minor child or children named below, as applicable, (collectively with the individual, the “Participants”, “we”, or “us”) desire to enter SPACE CLUB, an interactive art playground (the “Premises”) and participate in small items. play equipment, climbing, sliding, jumping, standing, physically engaging with other participants (hereinafter referred to as the “Activity”) operated by Space Club Holdings, Inc., a Delaware Corporation, on behalf of itself, its subsidiaries and its affiliates (collectively, the “Company”). In consideration for being permitted by the Company to participate in the Activity and in recognition of the Company’s reliance hereon, I agree on behalf of myself and the Participants to all the terms and conditions set forth in this agreement (this “Release and Waiver”).

1. ACKNOWLEDGEMENT OF RISKS. The Participants are aware and understand that the Activity is a potentially dangerous activity and involves the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, or other risks. The Participants fully understand that by entering the Premises and/or participating in the Activity for any purpose, we do so at our own risk and assume the risk of any and all injury and/or damage the Participants may suffer, whether engaging in physical exercise in the Activity or not. This includes, but is not limited to, injury or damage sustained while and/or resulting from participating in the Activity or using any equipment in, on or near the Premises, including, without limitation, injuries or damages arising out of the negligence of the Company, whether active or passive, or any of the Company’s affiliates, employees, directors, officers, agents, representatives, affiliates, contractors, successors or assigns and including negligent emergency response or rescue operations of the Company.
Notwithstanding the risk, we agree that we are voluntarily and knowingly entering the Premises and assume all risk of injury, illness, damage, or loss to myself or my property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the ordinary negligence of the Company or otherwise. The Premises involves climbing, sliding, standing and otherwise physically engaging with other participants and the associated risks may include, for example, slipping, being knocked off balance, falling, personal injury, bodily injury, property damage, damages, losses and/or death. The guardian or parent has explained these risks to the participating minor child/children, if any, and we understand these risks.

2. ASSUMPTION OF RISKS. DESPITE THE RISKS AND DANGERS INHERENT IN VISITING THE PREMISES. THE PARTICIPANTS AGREE TO ASSUME ANY AND ALL RISKS CONNECTED WITH THE ACTIVITY, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR LOSS, EVEN IF ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTIES NAMED BELOW OR OTHERS. WE ACKNOWLEDGE AND ASSUME THE RISK OF BECOMING INFECTED WITH A CONTAGIOUS MEDICAL CONDITION BY VISITING THE PREMISES AND USING ANY EQUIPMENT WITHIN THE PREMISES. WE UNDERSTAND THE POSSIBLE EXPOSURE TO CONTAGIOUS MEDICAL DIAGNOSIS MAY RESULT IN THE FOLLOWING: A POSITIVE COVID- 19 DIAGNOSIS OR OTHER CONTAGIOUS MEDICAL CONDITION DIAGNOSIS, EXTENDED QUARANTINE/SELF-ISOLATION, ADDITIONAL TESTS, HOSPITALIZATION THAT MAY REQUIRE MEDICAL TREATMENT, POTENTIAL COMPLICATIONS, EMOTIONAL DISTRESS AND/OR THE RISK OF DEATH. THE PARTICIPANTS ACKNOWLEDGE AND ASSUME ALL ECONOMIC RISKS, INCLUDING, BUT NOT LIMITED TO PAYING FOR MEDICAL BILLS AND THE RISK THAT THE PARTICIPANTS MAY LOSE INCOME OR BE INCAPABLE OF FULFILLING YOUR JOB RESPONSIBILITIES SHOULD YOU BECOME INFECTED. THE PARTICIPANTS ALSO ACKNOWLEDGE AND ASSUME THE RISK THAT IF WE ARE INFECTED WITH A CONTAGIOUS MEDICAL DIAGNOSIS, THERE IS A CHANCE THAT WE COULD INFECT OTHERS WITH THIS VIRUS OR DISEASE. THIS ISSUE WILL BE ADDRESSED FURTHER IN SECTION 3 BELOW. BY SIGNING THIS RELEASE AND WAIVER, WE AGREE TO ASSUME ALL SUCH RISKS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

3. RELEASE AND WAIVER OF LIABILITY. THE PARTICIPANTS, TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF ANY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND BENEFICIARIES HEREBY INDEMNIFY, HOLD HARMLESS AND RELEASE THE COMPANY, AND ITS OFFICERS, DIRECTORS, AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, VOLUNTEERS AND THE OWNERS OR LESSEES OF ANY PREMISES USED FOR THE PREMISES (COLLECTIVELY, THE “RELEASED PARTIES”) TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY AND ALL ACTIONS (INCLUDING ADMINISTRATIVE PROCEEDINGS), CAUSES OF ACTION, CLAIMS, COMPLAINTS, CONTRACTS, DEMANDS, DEBTS, LAWSUITS, DAMAGES, PENALTIES, JUDGMENTS AND ALL OTHER LEGAL RESPONSIBILITIES, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND/OR MEDICAL EXPENSES) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, IN LAW OR EQUITY THAT WE, ANY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS EVER HAD OR MAY HAVE, ARISING FROM OR IN ANY WAY RELATED TO OUR PARTICIPATION IN THE ACTIVITY IN THE DESIGN, LOCATION, CONSTRUCTION, INSPECTION, MAINTENANCE AND REPAIR IN AND ABOUT THE PREMISES. THIS RELEASE EXTENDS TO ANY CLAIMS THAT THE PARTICIPANTS CONTRACTED ANY CONTAGIOUS MEDICAL DIAGNOSIS ON THE PREMISES. WE ACKNOWLEDGE AND AGREE THAT THIS RELEASE AND WAIVER OF LIABILITY IS INTENDED TO BE ALL ENCOMPASSING AND SHALL BE APPLIED AS BROADLY AS PERMITTED BY APPLICABLE LAW.

4. DISCLAIMER. THE RELEASED PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES AND EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT AND ASSUME NO LIABILITY OR ANY LOSS, INJURY, OR DAMAGE, INCLUDING WITHOUT LIMITATION PHYSICAL OR MENTAL INJURY OR DAMAGES OR LOSS TO PROPERTY. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM A VISIT TO THE PREMISES AND PARTICIPATION IN THE ACTIVITY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF DUE TO THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

5. INDEMNITY. THE PARTICIPANTS, TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF ANY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS WILL INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY AND ALL ACTIONS (INCLUDING ADMINISTRATIVE PROCEEDINGS), CAUSES OF ACTION, CLAIMS, COMPLAINTS, CONTRACTS, DEMANDS, DEBTS, EXPENSES, LAWSUITS, DAMAGES, PENALTIES, JUDGMENTS AND ALL OTHER LEGAL RESPONSIBILITIES, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND/OR MEDICAL EXPENSES) ARISING OUT OF ANY PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR LOSS TO ANY PERSON (OTHER THAN THE RELEASED PARTIES) THAT OCCURS AS A DIRECT OR INDIRECT RESULT OF MY ENTRY TO OR INTERACTION WITH THE PREMISES AND/OR THE ACTIVITY. WE ACKNOWLEDGE AND AGREE THAT THIS INDEMNITY IS INTENDED TO BE ALL ENCOMPASSING AND SHALL BE APPLIED AS BROADLY AS PERMITTED BY APPLICABLE LAW.

6. FITNESS AND RESPONSIBLE BEHAVIOR. I specifically acknowledge on behalf of myself and the Participants, that I am, or we are, as applicable, in good physical condition and do not suffer from any disabilities or physical conditions that place me or others at risk or otherwise physically inhibit participation in this event. We understand and agree to abide by all instructions at all times. I am not under the influence of any alcohol, drugs, or medications that would alter or impair my senses, judgment, or fitness for the Activity and I am physically/mentally able to participate in the Activity to which I am about to engage. I certify that I have adequate insurance to cover any injury or damage I or the Participants may cause or suffer while participating in the Activity, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume on behalf of myself and the Participants the risk of any medical or physical condition that I might aggravate or cause myself. We will act responsibly during our participation in the Activity and with other participants.

7. ENFORCEABILITY AND GOVERNING LAW. If any provision of this Release and Waiver or application thereto to in any circumstance is held to be invalid or unenforceable, such provision shall be ineffective and the remainder of this Release and Waiver shall be valid and enforceable. This Release and Waiver shall be construed and interpreted in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York.

8. FULLY READ AND UNDERSTAND. I acknowledge, on behalf of myself and the Participants, that I have read, understand, and fully agree to the terms of this Release and Waiver and its contents. I understand and confirm that by signing this Release and Waiver, I have given up considerable future legal rights for myself and the Participants. I sign this Release and Waiver voluntarily, under no duress or threat of duress, without inducement, promise, or guarantee being communicated to me. My signature is proof of my intent to execute a complete and unconditional waiver and release of all liabilities in force under the law. I am eighteen (18) years of age or older and mentally competent to enter into this Release and Waiver or, if not, that my parent, legal guardian, or authorized caregiver shall sign on my behalf and that my parent, legal guardian, or authorized caregiver is in complete understanding and concurrence with this Release and Waiver.

9. CONSENT FOR MINORS. If the individual participating in the Activity is under eighteen (18) years of age, parental consent is required. I am signing as a parent, legal guardian, or authorized caregiver of said minor. I represent that I have the full authority to do so, realizing that this release is binding upon the minor child as well as myself.

10. RIGHTS TO PHOTOGRAPHS AND VIDEO. I understand that the Company retains the right to use any photographs, videos. and/or record of any of the Participants taken by or taken of the Participants including the right to use their name, face, likeness, voice and appearance in connection with: publicity, copyright purposes, illustration, advertising and web content without reservation or limitation.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND UNDERSTAND ALL OF THE TERMS OF THIS RELEASE AND WAIVER AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.