WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, EVENT TERMS, AND DISPUTE RESOLUTION AGREEMENT

PLEASE READ CAREFULLY AS THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS

In consideration for being permitted to enter, access, observe, or participate in any activities, programs, services, or use of the facilities of Discovery Kids Wellness LLC, dba Jetsetter Kids Club (“Jetsetter Kids Club” or “JKC”), I, the undersigned parent/legal guardian, on behalf of myself, my spouse or partner (if applicable), my minor child(ren)/ward(s), and any individuals under my supervision (collectively, “My Group”), hereby agree as follows:

1. ACKNOWLEDGMENT OF PREMISES AND VOLUNTARY PARTICIPATION

I acknowledge that upon entering the premises, I will inspect and carefully consider the facilities, equipment, and environment. My entry or participation constitutes my confirmation that I find the premises and all equipment to be safe, suitable, and acceptable for use by myself and My Group. I understand that participation is voluntary, and I am under no obligation to engage in any activity. I further acknowledge that it is my sole responsibility to determine whether I and My Group are physically fit, properly skilled, and able to safely participate.

2. COMPLIANCE WITH RULES AND SUPERVISION

I agree to comply with all posted rules, policies, warnings, and guidelines, as well as all instructions provided by JKC staff. I accept full responsibility for supervising My Group and ensuring compliance with all rules and safe conduct at all times.

3. HEALTH, WELLNESS, AND CONDITION OF PARTICIPANTS

I represent that I and My Group are in good health and not experiencing symptoms of illness that could pose a risk to others. I agree not to enter the premises if I or any member of My Group is ill, has recently tested positive for a communicable condition, or is subject to quarantine or isolation guidance.

I further represent that neither I nor My Group is under the influence of alcohol, drugs, or any substance that could impair safe participation.

4. ASSUMPTION OF RISK

I understand and acknowledge that participation in indoor play activities, recreational programs, and use of related equipment involves inherent and unavoidable risks, including but not limited to:

Slipping, falling, climbing, or collisions
Equipment malfunction or misuse
Interaction with other participants
Illness or exposure to communicable conditions
Serious bodily injury, permanent disability, paralysis, or death

These risks may arise from known or unknown conditions, the acts or omissions of myself, My Group, other participants, or the negligence of JKC Parties. On behalf of myself and My Group, I knowingly and voluntarily assume all risks, whether known or unknown, foreseeable or unforeseeable.

5. RELEASE OF LIABILITY AND WAIVER OF CLAIMS

To the fullest extent permitted by New York law, I, on behalf of myself and My Group, hereby release, waive, discharge, and covenant not to sue Discovery Kids Wellness LLC, dba Jetsetter Kids Club, and its owners, officers, employees, agents, contractors, landlords, affiliates, and representatives (collectively, “JKC Parties”) from any and all claims, demands, damages, or causes of action arising out of or related to:

Participation in any activities
Use of the premises or equipment
Presence on the property

This release includes, without limitation, claims arising from negligence, acts, or omissions of JKC Parties, and applies to all injuries, damages, losses, or death, whether occurring now or in the future.

6. INDEMNIFICATION AND HOLD HARMLESS

I agree to indemnify, defend, and hold harmless JKC Parties from and against any and all claims, liabilities, damages, losses, costs, or expenses (including attorneys’ fees) arising out of or related to:

My actions or omissions or those of My Group
Any injury or damage caused by My Group
Any claims brought by or on behalf of My Group

This obligation applies regardless of whether such claims arise in whole or in part from the negligence of JKC Parties.

7. RESPONSIBILITY FOR DAMAGE

I agree to be financially responsible for any damage to the premises, equipment, or property caused by the negligent, reckless, or intentional acts of myself or My Group.

8. MEDICAL AUTHORIZATION

In the event of injury or emergency, I authorize JKC to obtain medical care for myself or My Group. I accept full financial responsibility for any medical treatment provided and release JKC Parties from any liability related to such care rendered in good faith.

9. PERSONAL PROPERTY

I understand that JKC Parties are not responsible for any lost, stolen, or damaged personal property, including vehicles or their contents, whether or not negligence is alleged.

10. PHOTOGRAPHY AND MEDIA RELEASE

I grant JKC the irrevocable right to photograph, record, and use images or recordings of myself and My Group for lawful promotional and commercial purposes in any media, without compensation. I waive any right to inspect or approve such use.

11. ATTORNEYS’ FEES AND ENFORCEMENT

I agree to pay all costs, including attorneys’ fees, incurred by JKC Parties in enforcing this Agreement, including any dispute resolution provisions.

12. DISPUTE RESOLUTION: MEDIATION AND NON-BINDING ARBITRATION

In the event of any dispute arising out of or relating to this Agreement or participation in activities:

The parties agree to first attempt resolution through good faith mediation in Suffolk County, New York.
If unresolved, disputes shall proceed to non-binding arbitration administered by the American Arbitration Association (AAA).
Arbitration shall occur in the county where the premises are located and be governed by New York law.

The parties agree that arbitration shall address all issues, including enforceability and scope of this Agreement. Claims eligible for small claims court may be pursued there.

13. TERM, SCOPE, AND SEVERABILITY

This Agreement applies to all current and future visits to any JKC location and is intended to be as broad and inclusive as permitted by law. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

14. GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of New York. Any permitted legal action shall be brought exclusively in Suffolk County, New York.

15. FACILITY RULES AND OPERATIONAL POLICIES

I acknowledge and agree that, as a condition of entry and participation, I and My Group will comply with all Jetsetter Kids Club operational policies, including but not limited to the following:

All children are required to wear grip socks at all times while in the play areas. Adults must wear socks while on the play floor. Bare feet, shoes, or non-compliant footwear are not permitted in designated play zones.

Parents and/or legal guardians are solely responsible for the supervision and behavior of their child(ren) at all times. Jetsetter Kids Club staff are not responsible for supervising children, and their presence does not relieve me of my duty to actively supervise My Group.

For safety reasons, adults are not permitted on elevated play structures, climbing elements, slides, or second-level play features unless expressly authorized by staff. Certain equipment and areas may be restricted based on age, size, or weight limits, and I agree to comply with all posted and communicated restrictions.

I understand that Jetsetter Kids Club enforces capacity limits, structured play sessions, and periodic cleaning intervals, and I agree to follow all check-in, exit, and transition procedures as directed.

Food, beverages, decorations, and outside items are restricted to designated areas only. No food, drink, or personal items are permitted in the play areas except as expressly allowed by Jetsetter Kids Club.

Jetsetter Kids Club reserves the right, in its sole discretion, to deny entry, remove, or restrict access to any individual or group who fails to comply with these rules, poses a safety risk, or engages in unsafe, disruptive, or inappropriate behavior, without refund.

I acknowledge that failure to follow these rules may increase the risk of injury and may result in removal from the premises.

16. ADDITIONAL TERMS FOR PRIVATE EVENTS AND BIRTHDAY PARTIES

For any private event, birthday party, or group reservation, the undersigned host agrees to the following additional terms:

The host accepts full responsibility for all guests attending the event, including ensuring that all participants (or their parent/legal guardian) have completed a valid waiver prior to participation. Jetsetter Kids Club does not assume responsibility for supervising children or monitoring individual participants during events.

All parties are subject to strict capacity limits, scheduled start and end times, and designated use areas. Additional guests beyond the agreed capacity may be denied entry or subject to additional fees. Overtime use of the facility beyond the reserved time may result in additional charges.

The host agrees to be financially responsible for any damage to the premises, equipment, or property caused by any member of their party, as well as for any extraordinary cleaning required.

Food, beverages, decorations, and personal items are permitted only in designated areas and must comply with Jetsetter Kids Club policies. Items that create safety hazards, excessive mess, or disruption may be prohibited at the sole discretion of Jetsetter Kids Club.

Jetsetter Kids Club reserves the right to modify, suspend, or terminate any event without refund if guests fail to comply with facility rules, engage in unsafe or disruptive behavior, or exceed agreed-upon limits.

The host acknowledges that Jetsetter Kids Club staff are present to facilitate the event experience but are not responsible for supervision, discipline, or individual child care.

ACKNOWLEDGMENT AND WAIVER OF RIGHTS

By signing this Agreement, I acknowledge that:

I have read and fully understand its terms
I have had the opportunity to consult legal counsel or voluntarily waived that right
I am the parent/legal guardian or have authority to sign on behalf of My Group
I am knowingly and voluntarily waiving significant legal rights, including the right to sue and the right to a jury trial

IMPORTANT NOTICE

BY SIGNING THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT AND THE RIGHTS OF YOUR SPOUSE AND/OR MINOR CHILD(REN) TO BRING A LAWSUIT OR HAVE CLAIMS DECIDED BY A JURY.

ELIGIBILITY

You must be of legal age to sign this Agreement
You must be the parent or legal guardian (or have legal authority) to sign for a minor

ID VERIFICATION

Jetsetter Kids Club reserves the right to request identification to verify age and authority.

Name of Child 1:____________________________________