Release of Liability

WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK

THIS IS A BINDING LEGAL CONTRACT. BY BOOKING AND PAYING FOR SERVICES YOU AGREE TO THE FOLLOWING:

This Waiver, Release of Liability and Assumption of Risk (this “Agreement”) is entered into by the individual named below (the “Participant”), and Bounce Houses of Bakersfield LLC (“Bounce Houses of Bakersfield”) as of the date of Bounce Houses of Bakersfield Participant to access the premises located at Participant's delivery address (the “Premises”), and (ii) providing Participant the opportunity to participate actively or passively, in bounce house and related activities (collectively the “Activities”), the parties agree as follows:

1. Inherent Risks Associated with the Activities. Participant acknowledges there are inherent risks related to engaging in

the Activities and that injuries to Participant or others may result from participating in the Activities. Participant(s) understand

and acknowledges that certain risks cannot be eliminated due to the nature of the Activities, and that these elements and

risks may be causes of injury, illness, permanent disability, trauma, or death. These risks and dangers include but are not

limited to falling; landing on or striking padded or unpadded surfaces; being injured by falling objects or other participants;

being injured by the actions or inactions of other participants; equipment failures of any kind; physical injury as a result of

engaging in physical activity; and the contraction of communicable illnesses. Participant recognizes that the foregoing list

of risks are examples of the risks that Participant is assuming by accessing the Premises and/or participating in the Activities

and that Participant also assumes risks not specifically listed above. Participant agrees that if Participant encounters these

risks, serious injury, illness, or death may result, and Participant understands that no amount of care, caution, instruction or

expertise can eliminate these risks. Participant agrees accessing the Premises and engaging in the Activities involves certain

risks, inherent and otherwise, including the risk of death, illness, or serious personal injury, regardless of whether Participant

follows Bounce Empire’s safety instructions or recommendations, such as those pertaining to Premises rules and regulations.

PARTICIPANT AFFIRMS THAT PARTICIPANT’S ACCESS TO THE PREMISES AND PARTICIPATION IN THE

ACTIVITIES IS VOLUNTARY AND PARTICIPANT KNOWINGLY, WITH UNDERSTANDING OF THE RISKS

AND POTENTIAL INJURIES, ASSUMES ALL RISKS ASSOCIATED WITH THE ACTIVITIES AND/OR ACCESS

TO THE PREMISES.

2. Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT RELEASES, AGREES

NOT TO SUE, AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS Bounce Houses of Bakersfield,

THE LEGAL OWNER OF THE PREMISES, MORTGAGEES OF Bounce Houses of Bakersfield, AND ANY

OF THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS,

MANAGERS, PARTNERS, AGENTS, EMPLOYEES AND CONTRACTORS OF Bounce Houses of Bakersfield

(COLLECTIVELY, “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES,

CLAIMS, DEMANDS, ACTIONS, SUITS, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE

ATTORNEYS’ FEES) RELATING TO, RESULTING FROM, OR ARISING OUT OF PARTICIPANT’S BREACH

OF THIS AGREEMENT, ACCESS TO THE PREMISES, AND/OR ENGAGEMENT IN THE ACTIVITIES. THIS

RELEASE AND INDEMNITY SHALL APPLY EVEN IF THE CLAIM IS CAUSED IN WHOLE OR IN PART

BY THE NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE PROTECTED

PARTIES.

3. Dispute Resolution. The laws of the state of Colorado shall govern the rights and obligations of the parties to this

Agreement and the interpretation, construction and enforceability of this Agreement. Any dispute or claim arising out of or

relating to this Agreement, the Premises, and/or the Activities (each a “Dispute”) shall be brought by the parties in their

individual capacity in Denver, Colorado and not as a plaintiff or class member in any purported class or representative

capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association

per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. The arbitrator shall

have no authority to award punitive or exemplary damages. TO THE EXTENT PERMITTED BY LAW, PARTICIPANT

AND Bounce Houses of Bakersfield KNOWINGLY, WILLINGLY, AND VOLUNTARILY, WITH FULL

AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER

HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR RIGHT

TO A JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH

ARBITRATION.

4. Acknowledgements. Participant agrees that there are no oral agreements, representations, promises, or warranties that are

not expressly set forth herein, and that Participant is not relying on any statements or representations of the Protected Parties

that are not expressly contained herein. Participant expressly agrees that this Agreement is intended to be as broad and

inclusive as is permitted by the laws of the State of Colorado. This Agreement shall be effective upon execution by

Participant and shall continue in force, unless sooner terminated pursuant to a written notice, for so long as Participant

accesses the Premises and/or engages in Activities. If any term, provision, or condition, or any part thereof, of this

Agreement shall for any reason be found or held to be invalid or unenforceable by a court or governmental agency of

competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of such term, provision, or

condition or any other term, provision, or condition, and this Agreement shall survive and be construed as if such invalid or

unenforceable term, provision or condition had not been contained therein.

5. Participant Representations. Participant represents to the Protected Parties as follows:

(a) Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities.

(b) Participant is not aware of any health problems that may prevent Participant from participating in the Activities.

(c) Participant has received either medical clearance from Participant’s physician prior to participation in the Activities

or has determined that such clearance is not necessary for Participant’s safe participation in the Activities.

(d) Participant shall assume all costs of emergency medical care and transportation of Participant.

(e) Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort (e.g.,

faintness, shortness of breath, high anxiety, or chest pains).

6. Media Release. Participant agrees that Bounce Houses of Bakersfield reserves the right to use any photograph, video

recording, audio recording, or any other media taken at the Premises, or in connection with any of the Activities

(collectively “Media”) to create promotional materials, social media posts, and otherwise as permitted by applicable

law. Participant agrees that Bounce Houses of Bakersfield may use Media for any purpose in accordance with

this Agreement without specific permission or compensation to Participant.

BY BOOKING SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, THE Bounce Houses of Bakersfield RULES AVAILABLE AT HTTPS://BOUNCEHOUSEOFBAKERSFIELD.COM/RULES (the “Bounce Houses of Bakersfield RULES”), AND ALL REASONABLE INSTRUCTIONS OF Bounce Houses of Bakersfield REPRESENTATIVES.