Release of Liability, Waiver of Claims, and Assumption of Risks

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

Please read carefully!

In consideration of Arshima Inc. O/A Happy City Playground, an Ontario corporation located at 18075 Yonge St., Newmarket, ON (“Happy City”), permitting the individual named below (“I” or “me”) and each of the children accompanying the undersigned (each a “Child” and collectively the “Children”) to access Happy City’s indoor playground facility (the “Facility”), and for other good and valuable consideration, I agree, on behalf of myself, each Child accompanying me, and all of mine their heirs, executors, representatives, assigns, administrators, or anyone who might claim on theirs or my behalf, to all the terms and conditions set forth in this agreement (this “Agreement”).

ASSUMPTION OF RISKS

I AM AWARE AND UNDERSTAND THAT THERE ARE RISKS PRESENT IN AN INDOOR PLAYGROUND ENVIRONMENT AND THAT THE USE OF THE FACILITY AND THE EQUIPMENT THEREIN INVOLVES MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF PROPERTY DAMAGE, SERIOUS INJURY, OR DEATH TO ME OR THE CHILDREN. I ACKNOWLEDGE THAT I AND THE CHILDREN ARE VOLUNTARILY PARTICIPATING IN USE OF THE FACILITY. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED ON BEHALF OF MYSELF AND THE CHILDREN.

I represent and warrant that I have read the Happy City Indoor Playground Rules (the “Rules”), which are incorporated into this Agreement by reference. I agree to, and will ensure that the Children shall, only use the Facility in accordance with the Rules. I understand and acknowledge that failure to follow the Rules or use the equipment in the Facility solely for their intended use or in accordance with the directions of Happy City may result in my and the Children’s removal from the Facility.

I hereby expressly waive and release any and all claims which I have or may in the future have against the Happy City Affiliates, arising out of or attributable to my participation or the Children’s participation in the use of the Facility, due to any cause whatsoever, including without limitation breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Happy City Affiliates and forever release and discharge the Happy City Affiliates from liability under such claims.

I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE HAPPY CITY AFFILIATES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD2 PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE USE OF THE FACILITY BY ME OR THE CHILDREN.

GUARDIANSHIP AND SUPERVISION

I hereby represent and warrant to Happy City that I am the parent or legal guardian of the Children named below in this Agreement. Each Child named below is in good physical condition, old enough to participate in use of the Facility, and is physically able to play in the Facility without causing harm to themselves or other parties in the Facility. I acknowledge and understand that I shall be solely responsible for the supervision of the Children named below at all times when using the Facility. I expressly acknowledge that Happy City, its affiliates, and their respective directors, officers, shareholders, employees, contractors, agents, assigns, successors, or other representatives (collectively, the “Happy City Affiliates”) will not be responsible for the supervision of the Children, and shall not be held liable for any injury, death, damage, or loss of any kind whatsoever that I or the Children may suffer as a result of any lack of supervision during use of the Facility, including the disappearance of any Children. I acknowledge and agree that, upon execution of this Waiver, this Waiver shall be a multi-use Waiver, will remain in the database of Happy City, and all terms herein shall survive indefinitely in full force and effect for all Children named hereinbelow for all visits to the Facility by such Children. I hereby expressly authorize and direct Happy City to use this Waiver as a multi-use ongoing waiver until such time as I revoke such authorization in writing.

EMERGENCY CARE

I hereby give permission to Happy City to authorize emergency medical treatment as may be deemed necessary for the Children while participating in the use of the Facility. I hereby forever release and discharge, and agree to indemnify and hold harmless, the Happy City Affiliates from all liability of any kind whatsoever which may be caused or is alleged to be caused in whole or in part by negligent medical treatment or rescue or the failure to provide medical treatment or rescue. I further understand and acknowledge that the Facility is not guaranteed to be a nut-free or allergen-free area. I represent and warrant that I have been given adequate time to review this Agreement carefully and understand that I have the choice to not sign and not participate in the use of the Facility. This Agreement constitutes the entire agreement of the Happy City Affiliates and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Happy City Affiliates and its successors and assigns.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts. I understand and agree that any notices to us must be sent to Happy City’s corporate headquarters address available at https://happycityplayground.com and must be delivered either in person, by certified or registered mail by Canada Post Corporation, return receipt requested and postage prepaid, or by a nationally recognized same day or overnight courier service (with all fees pre-paid), and are deemed given upon receipt by Happy City. Notwithstanding the foregoing, I hereby consent to receiving electronic communications from Happy City. These electronic communications may include notices about applicable fees and charges, transactional information, promotional material including offers or special events, and other information concerning or related to the Facility. I agree that any notices, agreements, disclosures, or other communications that Happy City sends to me electronically will satisfy any legal communication requirements, including that such communications be in writing.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF THE CHILDREN AND OUR HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE HAPPY CITY AFFILIATES.

THIS AGREEMENT TAKES EFFECT WHEN YOU CLICK TO SIGN BELOW OR BY ACCESSING OR USING THE FACILITY. BY CLICKING TO SIGN BELOW OR BY ACCESSING OR USING THE FACILITY YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT FOR YOURSELF AND FOR ANY MINOR NAMED BELOW AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE SELECT CLICK TO DECLINE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE FACILITY.