1. I represent that I am the parent or legal guardian of the Participant. I UNDERSTAND THAT USING ANY PLAYSCAPE CAFÉ FACILITIES, including, without limitation, the indoor playgrounds, play zones, climbing features, slides and other obstacles for any purpose (the “Activity”), CAN BE HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH. I AGREE THAT THE “PLAYSCAPE CAFÉ FACILITIES” INCLUDE ANY FIXTURE, IMPROVEMENT AND MOVEABLE PERSONAL PROPERTY AVAILABLE AT THE PLAYSCAPE CAFÉ PREMISES LOCATED AT 4892 MAIN STREET, VANCOUVER, BC V5V 3R8 OR THROUGH PLAYSCAPE CAFE (THE “PLAYSCAPE PREMISES”) AND THE “ACTIVITY” INCLUDES ANY ACTIVITY, AVAILABLE AT THE PLAYSCAPE PREMISES OR THROUGH PLAYSCAPE CAFÉ.

2. I understand that risks related to the Activity and the PlayScape Café Facilities include but are not limited to: falling or loss of balance; slick or uneven surfaces; collisions with objects and other people; obstacles; the negligence or failure of the Participant, PlayScape Café employees, the undersigned, or other guests to act safely or within their own ability including failure to observe PlayScape Café rules, polices and procedures in effect from time to time and comply with posted signage; falling debris; equipment malfunction, failure or damage; improper use or maintenance of equipment; access to and/or delay of medical attention; exposure to and illness from infectious diseases; the Participant’s health condition, physical exertion, exhaustion, dehydration; and/ or mental distress from exposure to any of the foregoing.

3. I agree that the Participant and/or the undersigned assumes responsibility for maintaining control at all possible times while engaging in the Activity and using the Playscape Café Facilities and for reading, understanding and complying with all posted signage. The Participant must have the physical skill and knowledge to safely use the PlayScape Café Facilities and participate in the Activity. I understand that the Participant may not use the PlayScape Café Facilities or participate in the Activity without a parent or legal guardian present and actively supervising the Participant at all times.

4. RECOGNIZING THESE RISKS AND DANGERS, I VOLUNTARILY CHOOSE FOR THE PARTICIPANT TO USE THE PLAYSCAPE CAFÉ FACILITIES AND FOR THE PARTICIPANT TO PARTICIPATE IN THE ACTIVITY AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PLAYSCAPE CAFÉ FACILITIES AND THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.

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5. In consideration for allowing the Participant to use the PlayScape Café Facilities and participate in the Activity, I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE Playscape Café Inc., and its insurance companies, successors, assigns, affiliates, subsidiaries, agents, employees, representatives, officers, directors, and shareholders (each a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR THE PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF THE PARTICIPANT’S USE OF THE PLAYSCAPE CAFÉ FACILITIES AND PARTICIPATION IN THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE PARTICIPANT FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY.

6. In consideration of allowing the Participant to use the PlayScape Café Facilities and participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I OR THE PARTICIPANT MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING OCCURRING PRIOR TO THE DATE HEREOF.

7. I AGREE TO DEFEND AND INDEMNIFY EACH RELEASED PARTY FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, WHETHER ARISING IN WHOLE OR IN PART FROM THE PARTICIPANT’S USE OF THE PLAYSCAPE CAFÉ FACILITIES OR PARTICIPATION IN THE ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS RELEASE.

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8. I AGREE THAT ANY AND ALL CLAIMS for injury, death and/or loss regarding an alleged incident SHALL BE GOVERNED BY THE LAW OF THE PROVINCE OF BRITISH COLUMBIA and EXCLUSIVE JURISDICTION shall be in a court of competent jurisdiction in the Province of British Columbia.

9. BY SIGNING ON BEHALF OF A MINOR/CHILD, I REPRESENT THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT, I authorize a licensed physician or other medical care provider to carry out any emergency medical care for the Participant, and I acknowledge that the Participant and I shall be bound by all the terms of this Release.

10. I understand that this Release is a contract and is binding upon the parties to the fullest extent permitted by law. If a court or other tribunal of competent jurisdiction determines that any one or more of the provisions contained in this Release is invalid, illegal, or unenforceable in any respect in any jurisdiction, the validity, legality, and enforceability of such provision or provisions shall not in any way be affected or impaired thereby in any other jurisdiction and the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby, unless in either case as a result of such determination this Release would fail in its essential purpose. This Release and each of the terms and provisions hereof shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, personal representatives, successors, and permitted assigns.