WAIVER OF LIABILITY

WAIVER OF LIABILITY / ASSUMPTION OF RISK

Captain Holstein's Family Entertainment Center LLC

I (parent, legal guardian or supervising adult), my child/children or ward/wards sign this Waiver and Assumption of Risk in consideration of the opportunity to use the facility, or to participate in any parties or activities at/by Captain Holstein's Family Entertainment Center LLC.

I (parent, legal guardian or supervising adult), my child/children or ward/wards acknowledge and understand that there are dangers and risks associated with the activities at/Captain Holstein's Family Entertainment Center LLC and agree to assume all risk of personal injury, including the potential for paralysis and death. I understand that I am solely responsible for any medical, health, or personal injury costs relating to my use of Captain Holstein's Family Entertainment Center LLC and its facilities. I understand that I am strongly encouraged to have a medical physical exam and purchase health insurance prior to my use of the facilities at Captain Holstein's Family Entertainment Center LLC. All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation based on the laws of the state of West Virginia. The prevailing party in the event of arbitration or litigation shall be entitled to costs and reasonable attorney fees.

I (parent, legal guardian or supervising adult), my child/children or ward/wards agree to follow the safety instructions provided and acknowledge that failure to do so may result in expulsion from Captain Holstein's Family Entertainment Center LLC. Photos and use of recording devices may be used on premises and images and videos of children may be used for marketing and security purposes. I further authorize Captain Holstein's Family Entertainment Center LLC to use my or my child(ren)'s name, face, image and likeness, voice and appearances in connection with exhibitions, publicity, advertising and promotional materials.

I (parent, legal guardian or supervising adult), my child/children or ward/wards, and on behalf of my or their heirs, assigns, personal representatives and next of kin, hereby hold harmless Captain Holstein's Family Entertainment Center LLC, its owners, members, officers, employees, equipment manufacturers and sponsoring agencies from all liability for any such personal injury, disability, death or loss or damage to person or property to the fullest extent of the law.

I (parent, legal guardian or supervising adult), my child/children or ward/wards understand that my execution of this waiver on the initial visit will authorize Captain Holstein's Family Entertainment Center LLC to enter this waiver into its database and use it as a continuous, multi use waiver executed for my other child/children. I hereby expressly authorize Captain Holstein's Family Entertainment Center LLC to use this Waiver as a multi use waiver until such time as I revoke it in writing.

Assumption of Risk & Waiver of Liability Relating to Corona virus/COVID-19: COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. Captain Holstein's Family Entertainment Center LLC has put in place preventative measures to reduce the spread of COVID-19; however The Fun Factory LLC cannot guarantee that you or your child(ren) will not become infected with COVID-19. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury.

Safety Rules:

• No Bare Feet – non slip grip Socks are Mandatory and Children remain the responsibility of their accompanying adult at all times
• An attending adult must remain on the premises at all times
• No gum, toys, food or drinks in the play areas, designated areas only
• No climbing on the slides or No climbing on the outside of the structure
• No hooded sweaters or clothing with drawstrings that could get caught
• Please report any inappropriate behavior to Captain Holstein's Family Entertainment Center LLC staff member
• Captain Holstein's Family Entertainment Center LLC reserves the right to refuse admission and request any person to leave the premises
• Captain Holstein's Family Entertainment Center LLC is not responsible for any lost, broken or stolen items
• No party celebrations allowed in common area (i.e., cakes, gift opening, etc.) unless authorized by management
• Please no personal food deliveries to Captain Holstein's Family Entertainment Center LLC
• If you or your child has experienced flu like symptoms and or had a fever in the last 24 hours please refrain from visiting
• Trampolines are for jumping on two feet only. No Flips or Forward rolls on Trampoline.
• Up to 8 kids on trampolines at a time.
• Trampolines are monitored by a dedicated security camera