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ACTIVITY WAIVER & RELEASE

THIS ACTIVITY WAIVER & RELEASE (this "Agreement") acknowledged by you

AND The Playground Community, LLC (the "Activity Provider” or “TPC”) OF THE FIRST PART IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:

Consideration: Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, the Activity Provider's spouse, heirs, executors, administrators, legal representatives and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.

The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant agrees to this Agreement.

Assumption of Risk: The Participant will participate in the following activity: Child Playgroup. I voluntarily and knowingly agree to participate in the Event provided by The Playgroup Community, LLC (“TPC”). I acknowledge that child playgroup and related activities may be hazardous and unpredictable. I am aware of the risks and dangers involved, including the following: motor vehicle, road (paved and unpaved), and weather conditions and hazards during transport to, from, and during the Event; accommodation hazards, including enclosed buildings and unenclosed shelters; forces of nature, foreseen or unforeseen, including inclement weather and temperatures, hazardous animals and plants, steep and treacherous terrain, bodies of water, and other natural occurrences; injury or illness, physical or mental, permanent disability, or death, caused by foreseeable or unforeseeable factors; difficult or nonexistent means of communication; difficult or nonexistent evacuation, rescue, or medical treatment; unsafe or unavailability of food or water; effects of medications (prescription, over the counter, herbal, or recreational); others participating in the Event or similar activities acting dangerously or in a manner putting my child or me at risk; my own actions putting my child or me at risk; equipment loss or failure; activities and services provided by third-parties; and acts or omissions of TPC or Event organizers or leaders, including coaching, training, and instruction. I acknowledge that the above list is only a fraction of the possibilities of what may occur during the Event and a full list would be impossible to ascertain. I have reviewed the above and considered my child’s and my own capabilities and limitations, the Event, its location, the risks, and the physical and mental demands, and concluded that my child and I are able to participate. In spite of the risks, I agree to be responsible for my child’s and my own welfare and accept any and all risks.

Concurrent Release: The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives, and assigns. TPC has made all reasonable efforts to disclose the nature of the Event to me. I have had the opportunity to ask any questions. In consideration of the services furnished to my child and me, our legal representatives and I release and discharge TPC, its owners, officers, directors, agents, contractors, and employees from and against all liability that may arise from our participation in the Event, including any claim for property loss or damage, injury, or death, or any claims of negligence or omission. I agree to indemnify and hold harmless TPC and other Event participants against any sum I or TPC may be subjected to pay in consequence of any claim made against me during my participation in the Event. If any portion of this Agreement is held invalid, all other parts will continue in full legal force and effect. Hawaii State law governs this Agreement. Second Circuit State courts have exclusive venue and jurisdiction over the parties and the subject matter to this Agreement. This Agreement contains the final and complete agreement between TPC and me with respect to the subject matter herein, and there are no understandings, representations, or warranties between us except as set forth herein.

Fitness to Participate: The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance. I further consent to the taking of photographic and video images and voice recordings of my child and me while participating in the Event by TPC and its agents for their commercial and promotional use in any media.

Full and Final Settlement: The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.

The Participant understands that by checking the box on this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to agreeing to this Agreement. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.

Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of Hawaii.

By checking the box, I understand and agree as follows: I am the parent or legal guardian of the minor(s) specified below and am agreeing to this Agreement on my and their behalf, and I am legally authorized to do so; The Event is not supervised by any professional or certified personnel, and my safety and the safety of my child are my responsibility. I agree to supervise my child at all times during the Event and to ensure that they follow all rules and instructions given by the Event organizers; I received full disclosure and voluntarily and knowingly consent to assume any and all risks, including those listed and agreed to in this Agreement, and to release TPC from any and all liability; I carefully read and fully understand the contents and legal ramifications of this Agreement; and I understand this Agreement is a legally binding and enforceable contract and sign it of my own free will.