Voluntary Liability Waiver and 
Release Agreement

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Cloud 9 Creative Space LLC Customer Release of Liability, Indemnity Agreement, and Assumption of Risk

This Waiver and Release Agreement is entered into by and between Cloud 9 Creative Space LLC, its owners, employees, agents, and representatives (collectively referred to as "the Company"), and the undersigned participant or the legal parent/guardian of the participant (collectively referred to as "Participant").

In consideration of being permitted by Cloud 9 Creative Space LLC (hereinafter "the Company") to participate in its activities and to use its equipment and facilities, both now and in the future, I, as parent or legal guardian of a minor (hereinafter "Participant"), hereby grant the necessary permission for the Participant to participate in all activities at this location and agree to the terms of this Release of Liability, Indemnity Agreement, and Assumption of Risk Agreement (hereinafter "Agreement"). I, on behalf of myself and the Participant, further agree to release, indemnify, and discharge the Company, its agents, owners, shareholders, directors, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, subsidiaries, related and affiliated entities, successors, and assigns (hereinafter "Released Parties") from any claims, liabilities, and causes of action, including but not limited to those of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives, and estate, as follows:

In consideration of not being required to sign a fresh copy of this Agreement before each visit, I further agree that this Agreement shall apply to all future visits of the Participant to this location.

I further agree to defend, indemnify, and hold harmless the Company from any and all claims or lawsuits for personal injury, property damage, or otherwise, which are brought by or on behalf of the Participant, and which are in any way connected with such use or participation by the Participant, including injuries or damages caused by the negligence of the Released Parties, except injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity. I certify that I have adequate insurance to cover any injury or damage that the Participant may cause or suffer while participating in all Company activities, or, in the absence of such insurance, I agree to bear the costs of such injury or damage to the Participant myself.

I further certify that I am willing to assume the risk of any medical or physical condition that the Participant may have.

1) Assumption of Risk:

The Participant acknowledges that using the indoor playground and facilities carries inherent risks of injury, illness, or damage to personal property. The Participant voluntarily assumes all risks, known and unknown, associated with the use of the Company’s facilities, even if arising from the negligence or fault of the Company. I understand and acknowledge that the activity the Participant is about to voluntarily engage in bears certain known and unanticipated risks, which could result in physical, emotional, or mental injury, paralysis, illness, disease, death, or damage to the Participant, their property, or to third parties.

I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities at the Company. The risks include, among other things: the use of the Company’s equipment, which entails risks that cannot be eliminated without compromising the essential qualities of the activity. The use of equipment may expose participants to risks of cuts, scrapes, bruises, and rug burns. Other more serious risks exist, including but not limited to: falling off equipment, spraining or breaking fingers, toes, wrists, feet, legs, back, or neck, and suffering other serious bodily injuries.

In the event of injury requiring medical assistance, I, as parent or legal guardian, will assume full liability and responsibility for any expenses incurred.

Additionally, Company employees face difficult jobs. While they strive for safety, they are not infallible. They might be unaware of a participant's fitness or abilities, may give incomplete warnings or instructions, or the equipment might become loose, out of adjustment, or malfunction. There is also a risk that Company employees may be negligent in, among other things, monitoring and supervising the use of its equipment and facilities and in the maintenance and repair of its equipment and facilities.

2) Release of Liability:

The Participant, on behalf of themselves, their heirs, assigns, personal representatives, and next of kin, hereby releases, waives, and discharges the Company from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death that may be sustained by the Participant related to the use of the Company's facilities.

I agree that this Release of Liability, Indemnity Agreement, and Assumption of Risk Agreement is made on behalf of the Participant and that all of the releases, waivers, and promises herein are binding on the Participant. I represent that I have full authority as Parent or Legal Guardian of the minor Participant to bind the minor Participant to this Agreement.

3) Assumption of Risks:

I expressly agree and promise to accept and assume all of the risks existing in this activity on behalf of the Participant. The Participant’s participation in this activity is purely voluntary, and I have selected for the Participant to participate despite all of the risks.

4) Defense and Indemnity:

I hereby voluntarily release, forever discharge, and agree to defend, indemnify, and hold harmless the Company and all Released Parties from any and all claims, demands, or causes of action, which are in any way connected with the Participant’s participation in this activity or use of the Company’s equipment or facilities, including any such claims which allege negligent acts or omissions of Released Parties.

5) Indemnification:

I indemnify and hold harmless the Company and the Released Parties against any loss, liability, damage, or cost that may arise out of or in any way connect with the Participant's use of the Company’s equipment or gear or any acts or omissions of the Released Parties.

6) Attorney’s Fees:

Should the Company or anyone acting on its behalf incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. This means I will bear the costs of all such attorney’s fees and costs myself.

7) Insurance:

I certify that I have adequate insurance to cover any injury or damage that the Participant may cause or suffer while participating in all the Company’s activities, or I agree to bear the costs of such injury or damage myself. I also certify that I am willing to assume the risk of any medical or physical condition that the Participant may have.

8) Governing Law:

I expressly agree that this Agreement is governed by the laws of the State of New Mexico, and is intended to be as broad and inclusive as permitted by New Mexico law. In the event that any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect. If I file a lawsuit against the Company, I agree to do so solely in the State of New Mexico and further agree that the substantive law of the State of New Mexico shall apply in that action without regard to the conflict of the laws and rules of that state.

9) Health Condition:

I certify that, to the best of my knowledge, the Participant does not have a health condition that would make it inadvisable for the Participant to participate in the Company’s activities.

10) Policies and Regulations:

The Participant agrees to comply with all policies and regulations of the Company, which may be amended from time to time. The Participant acknowledges that they have had access to and have read, or had the opportunity to read, the Company’s policies. This includes but is not limited to the no-shoe policy within the playground area. The Company’s most current policies can be found posted at the Company’s facility or a copy can be requested by the Participant.

11) Birthday Parties:

Birthday parties or similar gatherings are strictly prohibited during open play hours without a reservation. Reservations for private events must be made in advance and during designated times. Any attempt to host a birthday party or similar gathering during open play hours may result in immediate removal from the premises without a refund.

12) Photo Release:

The Participant grants the Company, its representatives, and employees the right to take photographs of the Participant and the Participant's property in connection with the Company’s operations. The Participant authorizes the Company to use and publish these photographs in print and/or electronically, including on social media platforms. The Participant agrees that the Company may use such photographs of the Participant without the Participant's name for any lawful purpose, including, for example, publicity, illustration, advertising, and web content.

13) Health and Safety Concerns:

General Wellness Requirement: For the health and safety of all patrons and staff, children who are visibly ill or displaying symptoms of any illness, including but not limited to COVID-19, are not permitted to play in the indoor playground area. This includes symptoms such as fever, cough, runny nose, skin rash, stomachache, or any other signs of contagious illness. If a child is suspected of being unwell, the Company reserves the right to ask the child and their accompanying guardian to leave the premises immediately.

Health and Safety Concerns Related to COVID-19: The Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk of being exposed to or infected by COVID-19 while on the premises, which may result in personal injury, illness, permanent disability, and death. The Participant attests that they and any minors under their supervision:

• Are not experiencing symptoms of illness such as cough, shortness of breath, fever, chills, muscle pain, headache, sore throat, or new loss of taste or smell.

• Have not traveled internationally within the last 14 days.

• Have not traveled to a highly impacted area within the last 14 days.

• Do not believe they have been exposed to someone with a suspected or confirmed case of COVID-19.

• Are not diagnosed with COVID-19 and are not yet cleared as non-contagious by local public health authorities.

The Participant agrees to follow all COVID-19 infection prevention procedures established by the Company and to abide by all rules and guidelines set forth by local or state health agencies. If any child or accompanying guardian shows signs of illness, particularly those associated with COVID-19, they may be asked to leave immediately and may not return until they are symptom-free for a period specified by the Company or as recommended by local health authorities.

14) Miscellaneous:

a. This Agreement contains the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties.

b. If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.

c. By signing this Agreement, I acknowledge that I have had sufficient opportunity to read this entire Agreement, I understand it completely, I understand that it affects my legal rights, and I agree to be bound by its terms. I also agree that if anyone is hurt or property is damaged during the Participant's participation in this activity, I may be found by a court of law to have waived my or the Participant's right to maintain a lawsuit against the Company and the Released Parties on the basis of any claim from which I have released them herein.

15) Non-Licensed Day Care Acknowledgment:

By signing this agreement, you acknowledge that this is not a licensed Day Care.

This Agreement shall be governed by the laws of the State of New Mexico, in the United States. I, the undersigned, have read and understood this Waiver and Release Agreement, and I voluntarily sign it intending to be legally bound.