Milk and Cookies with Santa

Participation Agreement, Liability Waiver, and Hold Harmless Agreement I, _______________,[print name] 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 Coos Playtopia LLC, located at 2227 Newmark St., North Bend, Oregon, 97459 (“Coos Playtopia”) agree as follows: 1. Activities – Activities shall be defined as the various activities and services offered to Participants by Coos Playtopia, an indoor playground. 2. I understand that the employees of Coos Playtopia, 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. 3. I, and the children under my care, understand and agree to the safety rules and play guidelines as outlined on coosplaytopia.com. 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. 4. 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 COOS PLAYTOPIA LLC, YOU VOLUNTARILY ASSUME ALL RISKS RELATED TO COVID-19. 3. ASSUMPTION OF RISK – In addition to the inherent risk of exposure to COVID-19, I also understand that the Activities entail the risk of severe bodily injury to the Participants. Injuries that could result may vary, but may include (a) minor injuries such as scratches, bruises and sprains; (b) major injuries such as eye injury or loss of sight, joint or back injuries and concussions; and (c) catastrophic injuries, including paralysis and even death. I understand that, Coos Playtopia 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. 4. 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 Coos Playtopia 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 Coos Playtopia 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.  5. Indemnification And Hold Harmless – I hereby agree to indemnify and hold harmless COOS PLAYTOPIA from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred, and/or suffered by COOS PLAYTOPIA, including, but not limited to, and and all attorneys’ fees, costs, damages, and.or judgments COOS PLATYOPIA incurs in the event that I, my minor child(ren)/ward(s) or anyone for which I signed this agreement causes any injury, damage and/or harm to COOS PLAYTOPIA and.or any and all other persons and entities acting in any capacity on behalf of COOS PLAYTOPIA or to others while at COOS PLAYTOPIA premises. 6. ATTORNEYS’ FEES. I promise to indemnify and hold harmless COOS PLAYTOPIA for any attorneys’ fees and/or costs incurred o enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of COOS PLAYTOPIA pre-judgment and post-judgment interest shall accrue thereon at the legal rate. 7. Security Cameras. I understand that security cameras installed around and within Coos Playtopia’s facility are for the safety of all participants and may be referenced should any incidents or injury occur. 8. Photo Release. I grant Coos Playtopia permission to use any photographs, video, or sound bites obtained of me or any minor Participant child at Coos Playtopia’s 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. 9. Parent or Legal Guardian Certification and Consent – I hereby certify that I am the parent or legal guardian of the minor Participant children whose name(s) appear below, and I have authority to waive rights on behalf of the minor Participant(s). I have read and I understand all of the provisions of this document and the risks of the Activities. I understand that the Activities could cause injury and even death. I acknowledge that I have read and understand the terms of this document and I am freely and voluntarily signing this document.  This Participation Agreement, Liability Waiver, and Hold Harmless Agreement has no expiration date. 10. TERMS OF AGREEMENT. I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit COOS PLAYTOPIA whether at the current location or any other location or facility. 11. VENUE/MEDIATION. In the even a lawsuit is filed against COOS PLAYTOPIA, I agree to the sole and exclusive venue of the County of Coos. I further agree that the substantive law of Oregon shall apply without regard to any conflict of law rules. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. Prior to any lawsuit I agree to participate in mediation, in person, with COOS PLAYTOPIA to attempt to resolve the dispute without litigation.

Coos Playtopia Playground Rules 1. Parents and/or guardians – not Coos Playtopia staff – are responsible for children and must remain on site at all times. 2. Shoes are not allowed in the play area. All adults and children must wear socks when entering the play area (by health code). Socks are available for purchase. 3. Parents and/or guardians – not Coos Playtopia staff – are responsible for children and must remain on site at all times. 4. All guests must wash or sanitize their hands before entering the play area. 5. Coos Playtopia is not responsible for any lost, damaged or stolen items. Please keep track of your belongings. 6. Coos Playtopia has a ZERO Bullying policy. Any child or adult seen bullying or harassing others will be asked to leave and will not be entitled to a refund. 7. Children should not climb up slides, or onto any tables or chairs. 8. Running is not allowed on the premise.