PARTICIPANT AGREEMENT, INDEMNIFICATION, WAIVER AND LIABILITY RELEASE, AND ASSUMPTION OF RISK

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This Participant Agreement, Indemnification, Waiver and Liability Release, and Assumption of Risk (“Agreement”) covers and is intended to release Ruby's Tumbling, LLC, and its respective and collective agents, owners, officers, managers, shareholders, parents, subsidiaries, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf. In consideration of being allowed to use Ruby's Tumbling as the host you take full responsibility for you and your guest in the premises, equipment, services and participate in its activities, including, but not limited to drop-in play, event/party related activities, arts and crafts or music classes, and any other amusement or recreation activities (collectively the “ACTIVITIES”), I, on behalf of myself, and/or on behalf of my minor child(ren)/ward(s), hereby agree as follows:

1. ASSUMPTION OF RISK: I acknowledge that I and/or my child(ren)/ward(s), for whom I represent that I have full authority as parent or legal guardian to bind the minor participant to this Agreement, am VOLUNTARILY participating in the ACTIVITIES, which I agree might be dangerous and entail both known and unknown inherent risks, including the risk of injury, the risk of infection from disease, including Novel Coronavirus (“COVID-19”), permanent disability, or even death, deriving from, but not limited to the parent/guardian not being able to assist a child in case of an emergency, including but not limited to food reactions and allergies, equipment malfunctions, building malfunctions, inherent risk of exposure to Covid-19 by parents, their children, and/or Ruby's Tumbling staff members notwithstanding the variety of preventative steps and protocols implemented by Ruby's Tumbling to ensure safety, lack of supervision and/or monitors, lack of proper equipment or padding, netting, or other safety measures, slipping, falling, landing, or colliding with fixed objects or other people, as well as the ordinary negligence and/or omissions committed by me, my child(ren)/ward(s), Ruby's Tumbling, and/or any other person, and/or entity. I hereby VOLUNTARILY assume all such risks. I further understand and acknowledge that Ruby's Tumbling does not manufacture any equipment in its facilities, but purchases and/or leases the equipment and therefore Ruby's Tumbling may not be held liable for defective products. I and/or my child(ren)/ward(s) are physically fit and know of no medical or health reason whereby I and or my child(ren)/ward(s) should not participate in the ACTIVITIES.

2. RELEASE OF LIABILITY: I hereby irrevocably, unconditionally, and forever release, waive, relinquish, discharge from liability and covenant not to sue Ruby's Tumbling from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from me or my child(ren)/ward(s) use of Ruby's Tumbling premises, equipment, services and activities, or from the contraction by me or my child(ren)/ward(s) of COVID-19 or from my or my child(ren)/ward(s) potential exposure to COVID-19 while visiting Ruby’s Tumbling premises, including without limitation any claim for ordinary negligence, negligence arising from property damage, personal or bodily injury, emotional injury, illness or infectious disease, including Covid-19, or negligent death to the maximum extent allowed by the California law.

3. INDEMNIFICATION: I hereby agree to indemnify and hold harmless Ruby's Tumbling from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred, and/or suffered by Ruby's Tumbling, including, but not limited to, any and all attorneys’ fees, costs, damages, and/or judgments Ruby’s Tumbling incurs in the event that I, my minor child(ren)/ward(s) or anyone for which I signed this agreement causes any injury, damage and/or harm to Ruby's Tumbling and/or any and all other persons and entities acting in any capacity on behalf of Ruby's Tumbling or to others while at Ruby's Tumbling premises. Further, should any debt and/or judgment accrue in favor of Ruby's Tumbling prejudgment and post-judgment interest shall accrue thereon at the legal rate

4. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THIS RELEASE AND WAIVER DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY;

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I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING/AGREEING TO IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL;

I AGREE THAT I HAVE THE FULL AUTHORITY AS PARENT/GUARDIAN TO BIND THE MINOR PARTICIPANT TO THIS AGREEMENT AND CONSENT TO THE ABOVE TERMS AND CONDITIONS.