Participant Agreement, Release and Assumption of Risk (The Agreement)

I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified herein and all minor children under my supervision (each a “Minor” and collectively the “Minors”), to use the facilities, equipment and services of Learn’ique and to participate in entertainment activities, services and other activities (collectively referred to herein as the “ACTIVITIES”) located at 15 Purchase Street, Rye, NY 10580 and the equipment located therein (collectively “Facility”). In consideration for being allowed to use said Facility, to participate in activities, and to receive other services provided by Learn’ique or its employees or agents, I, on behalf of myself, other caregivers, and on behalf of each participating Minor and all heirs, assigns, personal representatives and next of kin (“Releasing Parties”), represent, acknowledge and agree as follows:

HEALTH AND SAFETY
All persons in my group, including but not limited to myself, confirm no person feels sick, has a fever, chills, are coughing, have shortness of breath or difficulty breathing, muscle pain, sore throat, recent loss of taste or smell, diarrhea or vomiting. In addition, no person in my group has a current diagnosis or in close contact with a person suspected of having or confirmed to have COVID-19 or any communicable disease. If this is not true you and your group are not allowed to enter the facility. I further acknowledge and agree that Learn’ique isn’t liable for any illness or death due to COVID-19 or other illness.

AFFIRMATION OF AUTHORITY
Under penalty of perjury, by signing below, I hereby represent and affirm that I am the parent/legal guardian of the participating Minor(s), or otherwise have the legal authority to sign this Agreement on behalf of any Minors whose names appear on this Agreement. I further acknowledge, understand and appreciate that Learn’ique is relying upon this representation in allowing any such Minor to participate in the ACTIVITIES and the use of the Learn’ique Facility.

ACKNOWLEDGEMENT, UNDERSTANDING AND APPRECIATION OF THE RISKS
I acknowledge, understand and appreciate that my participation, and/or the participation of the Minors, in the ACTIVITIES entails known as well as unanticipated risks that could result in death, serious physical or emotional injury, paralysis, or damage to me and to any Minors on whose behalf I sign this Agreement, to property, or to third parties. I further acknowledge, understand and appreciate that such risks simply cannot be eliminated without jeopardizing the essential qualities of the ACTIVITIES, which I further agree are for recreational purposes and completely voluntary.

These risks include, among other things: slipping and falling; collision with fixed objects or people; injuries caused by stepping on or falling on equipment or items that have fallen from or were dropped by myself or another participant; injuries including, sprains, fractures, scrapes, bruises and cuts, dislocations, pinched fingers, weakening of growth plates, stunted growth following fractures, brain injuries and concussions, and serious injuries to the head, back, or neck; injuries arising out of the negligence of or otherwise caused by other participants, myself, any Minor upon whose behalf I sign this Agreement; injuries due to the physical or mental condition or any medical condition that I or any Minor on whose behalf I sign this Agreement may have whether known or unknown; injuries due to physical contact with others, including the risk of contracting illness or coming into contact with viruses, germs, bacteria or fungi whether by contact with equipment or with another participant, and any and all risks associated with exercise, physical exertion and physical activities (hereinafter referred to collectively as the “RISKS”). I understand and acknowledge that the above lists are not complete or exhaustive, and that other known or unanticipated risks may also result in injury, death, illness or damage to me, the Minors or to our property.

VOLUNTARY ASSUMPTION OF RISK
After being fully informed of the RISKS, I, on my own behalf and, to the fullest extent allowed by law, on behalf of all Releasing Parties and the Minors, expressly agree and promise to accept and assume all of the RISKS arising from participation in the ACTIVITIES and use of the FACILITY. I voluntarily elect to participate and to allow the Minors to participate in the ACTIVITIES and the use of the FACILITY. I agree that my and the Minors’ participation at the FACILITY involves engaging in potentially dangerous activities. I further agree on behalf of myself and the Minors that, even if Learn’ique uses reasonable care in providing access to these activities, there is a chance I or Minors may be seriously injured or killed by participating in the ACTIVITIES and using the Facility and equipment because there are dangers inherent in the ACTIVITIES and in the use of the Learn’ique Facility and equipment. I also agree on behalf of myself and the Minors, that if anyone in my party is injured while at the Facility, I will report this to a Learn’ique team member so that injury documentation may be completed and medical attention provided if necessary. I understand that I have the right to refuse to sign this form, and Learn’ique has the right to refuse to let me or the Minors participate if I do not sign this form.

WARRANTY
I certify and warrant that I and the Minors are physically able to participate in all ACTIVITIES at the FACILITY without aid or assistance. I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I and the Minors may have, whether known or unknown. I will not use or allow the Minors to engage in the ACTIVITIES while any of us are under the influence of any drugs, alcohol or medications that may impair our physical activities or judgment. I acknowledge that I have read the rules governing my and/or the Minors’ participation in any ACTIVITIES and that I have explained the Rules to any participating Minors. I understand that the Learn’ique Rules have been implemented for the safety of all guests, including myself and any MINORS. I acknowledge that failure to follow the rules could result in the expulsion of myself and/or the Minors from the FACILITY without any right to a refund of any payments made. I agree to alert the Learn’ique staff to any rule violations or dangerous behavior of other participants in the ACTIVITIES. I authorize Learn’ique staff to: (1) administer emergency first aid and CPR to myself and to the Minors when deemed necessary by staff; and (2) to secure emergency medical care or transportation if deemed necessary by staff, and I agree to assume all costs of emergency medical care or transportation.

RELEASE OF LIABILITY
In consideration of the services provided by Learn’ique and of the permission granted by Learn’ique to engage in the ACTIVITIES and make use of the Facility, I, for myself and on behalf of the Releasing Parties, hereby voluntarily forever, irrevocably and unconditionally release, waive, relinquish, discharge, and agree to indemnify and hold harmless each of the Protected Parties from any and all claims, demands, or causes of action, which are in any way connected with my or the MINORS’ participation in ACTIVITIES at the FACILITY or my or the Minors’ use of Facilities, including, to the extent permitted by law, any such claims that allege negligent acts or omissions of Learn’ique. This includes the loss or theft of any personal belongings brought into the FACILITY. I understand that this perpetual release/waiver will apply to each and every occasion that I or any of the Minors visit and use the FACILITY. I understand that this release of liability will prevent any of the Releasing Parties, including me and the Minors, from bringing any lawsuit or making any claim for personal injury, damages or death connected with participating in the ACTIVITIES or using the Facility.

ATTORNEY FEES, INSURANCE
Should Learn’ique, or anyone acting on its behalf, be required to incur attorney fees and costs to enforce this Agreement, including but not limited to, attorney fees and costs incurred to defend against claims brought by me, or on behalf of the Minors on whose behalf I sign this Agreement, or by third parties, I agree to indemnify and hold Learn’ique or anyone acting on its behalf harmless for all such fees and costs, including costs of collection. If Learn’ique obtains a judgment against me pursuant to this Agreement, prejudgment and post-judgment interest shall accrue thereon at the maximum amount allowed by applicable law. I warrant that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the ACTIVITIES, or else I agree to bear the costs of such injury or damage myself. By signing this Agreement, I agree that I and/or my personal insurance carrier will be responsible for injury or damages caused by myself and/or any participating Minors.

ARBITRATION OF DISPUTES
Any controversy between the parties hereto involving any claim arising out of or relating to use of the FACILITY, participation in the ACTIVITIES, or otherwise arising out of or relating to this Agreement shall be submitted to and be settled by final and binding arbitration in Forsyth County, Georgia, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. In the event of litigation to enforce arbitration or settlement between the parties to this Agreement, or in the event arbitration is not available, then I agree to venue in the Courts of Forsyth County in the state of Georgia. I agree that the substantive law of Georgia shall apply in that action without regard to the conflict of law rules of that state, and I agree to, and hereby do waive the right to a trial by jury. If, despite the representations made herein, I or anyone on behalf of myself and/or Minors identified in this Agreement, file or otherwise initiate a lawsuit against Learn’ique, I agree to defend and indemnify Learn’ique.

SEVERABILITY
I agree and understand that this Agreement is intended to be as broad and as inclusive as permitted by law in the state of New York and if any portion of this Agreement is found to be void or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

I have had reasonable and sufficient opportunity to read this Agreement. I have read and understood and agree on behalf of myself, the Releasing Parties and the participating Minors to be bound by its terms. I understand that employees working at the Facility, including the general manager, do not have the authority to waive any provision of this Agreement. I understand that I am giving up rights that I may have to bring a legal action or assert a claim against the Protected Parties on the basis of their negligent acts or omissions. I understand that by signing this Agreement I may be found by a court of law to have forever waived my rights and the rights of the Releasing Parties and the Minors to maintain any action against the Protected Parties on the basis of any claim from which I have released the Protected Parties. I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me. This Agreement constitutes and contains the entire agreement between Learn’ique and me relating to the Minors’ and my use of the Facility. There are no other agreements, oral, written, or implied, with respect to such matters.

By signing, I affirm, understand and agree to the above terms in their entirety. I certify that I am the parent, legal guardian or authorized agent/responsible party of the Minors that will be participating in any and all ACTIVITIES and that I have authority to sign this Agreement on their behalf. I also certify that the information provided below is true and correct.