AS PARENT, LEGAL GUARDIAN, OR POWER-OF-ATTORNEY FOR THE FOLLOWING CHILD(REN),
HEREBY AGREE, RELEASE AND FOREVER DISCHARGE TINKLTOWN 4 KIDS, INC., CALIFORNIA CORPORATION AS FOLLOWS:
(1) ASSUMPTION OF RISK AND RELEASE OF LIABILITY: I acknowledge that I and/or My Spouse and/or My Group have full authority as parent or legal guardian to bind the minor participant to this release and agreement (“AGREEMENT”). On behalf of Myself and My Group, I further acknowledge that We are voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained 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 negligence and/or omissions committed by Me and My Group and/or any other person and/or TICKLETOWN 4 KIDS INC. while on the PREMISES (hereafter TICKLETOWN 4 KIDS INC located at 1111. S. Central Ave., Glendale, CA 91204); voluntarily assume all such risks; understand and acknowledge that TICKLETOWN 4 KIDS INC. does not manufacture the equipment at the PREMISES but purchases and/or leases the equipment and therefore TICKLETOWN 4 KIDS INC. may not be held liable for defective products or equipment. Despite all known and unknown risks including but not limited to serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on the PREMISES, on behalf of Myself and My Group I hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue TICKLETOWN 4 KIDS INC., including its suppliers, designers, installers, manufacturers of any equipment, foam pit material, or such other material and equipment at the PREMISES (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by TICKLETOWN 4 KIDS INC. or any EQUIPMENT SUPPLIERS while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES and/or while using any items purchased in or about the PREMISES, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to Me or My Group. This release of liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of TICKLETOWN 4 KIDS INC. and/or any EQUIPMENT SUPPLIERS.
(2) INDEMNIFICATION: I understand that the known and unknown risks may be caused in whole or in part by the actions or inactions of Myself or My Group, or by the actions or inactions of others participating in ACTIVITIES, or the acts, inaction or any type of negligence of TICKLETOWN 4 KIDS INC. or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with My Group to enter onto and into the PREMISES for observation or use of any facilities or equipment or participation in ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to Myself and My Group while in or about the PREMISES and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the PREMISES and/or while using any items purchased in or about the PREMISES, including any such loss due to the sole or partial negligence of TICKLETOWN 4 KIDS INC. and all EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless TICKLETOWN 4 KIDS INC. and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by TICKLETOWN 4 KIDS INC. and all EQUIPMENT SUPPLIERS as a result of any claims asserted by Me or My Group against TICKLETOWN 4 KIDS INC. and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments TICKLETOWN 4 KIDS INC. and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of TICKLETOWN 4 KIDS INC. or any EQUIPMENT SUPPLIERS and that on behalf of Myself and My Group. I further agree to indemnify and hold harmless TICKLETOWN 4 KIDS INC. for any injury, damage and/or harm that I or My Group cause to TICKLETOWN 4 KIDS INC. or the PREMISES and/or to any and all other persons and entities acting in any capacity on behalf of TICKLETOWN 4 KIDS INC.
(3) LIABILITY FOR PROPERTY: I, on behalf of Myself and My Group, agree that TICKLETOWN 4 KIDS INC. is not liable to us or our guests, for any personal property that is damaged, lost, or stolen while on or about the PREMISES including, but not limited to, a vehicle or its content or any property in a locker or otherwise, whether or not TICKLETOWN 4 KIDS INC. was negligent.
(4) ATTORNEYS’ FEES and/or COSTS: To the extent permitted by law, I promise to indemnify and pay TICKLETOWN 4 KIDS INC. for any attorneys’ fees and/or costs incurred to enforce the Mediation, Non-Binding Arbitration portion of this AGREEMENT, including all costs associated with any collection efforts.
(5) MEDIATION, NON-BINDING ARBITRATION AND VENUE: If a dispute arises out of or relates to this AGREEMENT and/or TICKLETOWN 4 KIDS INC. and/or EQUIPMENT SUPPLIERS and/or any ACTIVITIES and/or an incident that occurs while on the PREMISES, and/or while using any items purchased in or about the PREMISES, as well as the installation, design, construction, and condition of the PREMISES by TICKLETOWN 4 KIDS INC. and/or EQUIPMENT SUPPLIERS, involving a single claimant, or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations, and unless the parties agree in writing on a different mediation or non-binding arbitration process, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures before resorting to non-binding arbitration the costs of which will be equally shared by I and/or My Group and TICKLETOWN 4 KIDS INC.. Thereafter, any unresolved claims shall be submitted to non-binding arbitration administered by the AAA in accordance with its Non-Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws of the State of California. In-person hearings will take place pursuant to the Non-Binding Consumer Arbitration Rules in the County of Los Angeles, State of California. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any non-binding arbitration hereunder without the prior written consent of both parties. The parties agree to mediation and non-binding arbitration of any and all claims, disputes and grievances, not otherwise excepted herein, arising out of or relating to this AGREEMENT, the participation in any on-site ACTIVITIES and/or while on the PREMISES, and/or while using any items purchased in or about the PREMISES, as well as the installation, design, construction, and condition of the PREMISES by TICKLETOWN 4 KIDS INC. and/or EQUIPMENT SUPPLIERS. A copy of the Rules mentioned herein may be obtained from the AAA by visiting AAA’s website. The scope of this AGREEMENT is intended to be as broad as possible under applicable law, and shall include all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to non-binding arbitration the issues of substantive and procedural arbitrability, including defenses to arbitration and all disputes regarding the enforceability, interpretation, breadth, scope and meaning of this AGREEMENT. The parties reserve their rights to resolve disputes involving less than $10,000.00 in an applicable small claims in County of Los Angeles, State of California within the scope of the small claims’ jurisdiction. In the event non-binding arbitration does not totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against TICKLETOWN 4 KIDS INC. shall be in the County of Los Angeles, State of California. It is further agreed that the substantive law of the State of California shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered in any federal or state court having jurisdiction.
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR MY GROUP’S ACCESS TO AND/OR USE OF THE TICKLETOWN 4 KIDS INC. PREMISES AND/OR ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury).
(6) RELEASE FOR AND CONSENT FOR FILM: I and/or We understand that entry, by Myself and My Group constitutes consent for TICKLETOWN 4 KIDS INC. to use any film, pictures, video, or likeness of participants for any purpose whatsoever, without payment to the participant.  This includes any promotions, advertisements and marketing on websites, social media, print, radio, and television.
(7) PLEASE ONLY VISIT TICKLETOWN 4 KIDS INC. IF THE FOLLOWING APPLY: (1) I and My Group are willing to practice social distancing and maintaining at least six feet between individuals in all areas of the PREMISES; (2) I and My Group are healthy enough to participate, and do not have symptoms of COVID 19 such as feeling sick, coughing, sneezing, shortness of breath, fever or are not feeling well; (3) I and My Group do not live with or visited a person or family member that has been diagnosed with or suspected of having COVID-19; (4)I and My Group consent to having our temperature checked upon entering the PREMISES. I, on behalf of Myself and My Group hereby release and hold harmless TICKLETOWN 4 KIDS INC., its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of PREMISES (“RELEASEES”), with respect to any and all illness, disability, death, or loss or damage to person or property, whether arising from the negligence of releasees or otherwise, to the fullest extent permitted by law.
(8) SPECIFIC RELEASE FOR THEATRICAL LIGHTING AND SPECIAL EFFECTS ACTIVITIES: I and My Group acknowledge that the TICKLETOWN 4 KIDS INC. may at any time engage in a promotion programs and ACTIVITIES, that involve the use of reduced and altered or theatrical lighting and special effects, which can increase the inherent and obvious dangers of the ACTIVITY and can lead to physical or emotional injury, paralysis, death, or damage to Myself, My Group and/or third parties, and damage to personal property of any or all such persons. I understand that special rules apply to these ACTIVITIES, and the other programs and ACTIVITIES that involve the use of reduced and altered or theatrical lighting and special effects, and that I and My Group may choose not to participate in such ACTIVITIES. I acknowledge and agree that I and My Group may participate voluntarily in these and other similar programs and ACTIVITIES solely and exclusively at our own risk, and that by participating, We waive the right to seek damages for any injuries that occur.
Participation during reduced or altered lighting “Glow” events can affect depth perception and visibility and may cause Me and My Group to fall, slip, misstep, collide with other jumpers, or collide with equipment which can result in a greater risk of serious physical or emotional injury, paralysis, or death.
(9) AGREEMENT TO PAY MY OWN MEDICAL EXPENSES: I and My Group acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or My Group possess, whether known or unknown, which might contribute to or exacerbate any injury I or My Group might sustain as a result of using the TICKLETOWN 4 KIDS INC. or any of its equipment. I and My Group acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or My Group sustains while using the TICKLETOWN 4 KIDS INC., such assistance shall be at my own expense.
On behalf of Myself and My Group, We knowingly and voluntarily waive any and all rights and benefits conferred upon us by the provisions of Section 1542 of the California Civil Code or by any similar law or provision, which Section reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the TICKLETOWN 4 KIDS INC. and its equipment.

(10) SAFETY IS MY AND MY GROUP’S RESPONSIBILITY: I and My Group agree to follow the code of patron responsibility. We acknowledge that there are inherent risks in the participation of any ACTIVITIES, and that such risks include not only the use of equipment, but also other ACTIVITIES. We engage in any other ACTIVITIES or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. We have a duty to exercise good judgment and act in a responsible manner while using the equipment, and while engaging in such ACTIVITIES:
a) We have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.
b) We have a duty to not participate in any ACTIVITY or engage in any other ACTIVITY or use any other equipment, when under the influence of drugs or alcohol.
c) We have a duty to properly use all safety equipment provided, whether of the equipment or otherwise.
d) We have a duty to not participate in any ACTIVITY or equipment, or engage in other ACTIVITIES or use other equipment, if Me and My Group have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.
e) We have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.
f) We have a duty to avoid bodily contact with other patrons.
g) We have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any ACTIVITY, whether or otherwise.
h) We have a duty to avoid crowding or overloading individual sections of the PREMISES or equipment.
i) We have a duty to use the equipment and PREMISES, within your own limitations, training and acquired skills.
j) We have a duty to avoid landing on the head or neck. Serious injuries, paralysis or death can occur when landing on the equipment or otherwise.
k) We also agree to follow and obey all posted and stated warnings and patron education signs.
l) We agree to explain all safety rules to each child and My Group, and to ensure that each child obeys the safety rules.
We would like to receive email promotions, discounts, and other advertisements from TICKLETOWN 4 KIDS INC. and its partners at the email address provided below. I may unsubscribe at any time.
We have had sufficient opportunity to read this document. We have read and understood and agree to be bound by its terms.
I understand that employees working at the TICKLETOWN 4 KIDS INC., including the manager, do not have the authority to waive any provision of this AGREEMENT.
This AGREEMENT constitutes and contains the entire AGREEMENT between TICKLETOWN 4 KIDS INC. and Me and My Group relating to our use of the TICKLETOWN 4 KIDS INC.. There are no other AGREEMENTS, oral, written, or implied, with respect to such matters.
I agree that if any portion of this AGREEMENT is found to be unenforceable, the remaining portions shall remain in full force.
By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this AGREEMENT on his/her or their behalf and to act on his/her or their behalf.
We have read each and every paragraph in this document and I and We agree to be bound by the terms stated therein, including the release of liability contained therein.
I further agree to indemnify and hold harmless TICKLETOWN 4 KIDS INC from any and all claims which are brought by or on behalf of Me and My Group which are in any way connected with, arise out of, or result from their use of the TICKLETOWN 4 KIDS INC PREMISES.
I am 18 years of age or older. I am entering this AGREEMENT on behalf of Myself, My Spouse or domestic partner, the Child (ren), and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons.
By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived, for Me and My Group, the right to maintain any action in court or to be decided by a jury against TICKLETOWN 4 KIDS INC. on the basis of any claim from which I have released TICKLETOWN 4 KIDS INC. and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself and/or My Group and agreed to indemnify and hold harmless TICKLETOWN 4 KIDS INC. and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by TICKLETOWN 4 KIDS INC. and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the PREMISES by Myself or My Group, and/or claims asserted by Myself or My Group against TICKLETOWN 4 KIDS INC. and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have knowingly and voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
We hereby further declare that this AGREEMENT was explained to us in the language of our choice by the attorney and/or an interpreter of our choice, and therefore We FULLY understand ALL of the terms of this AGREEMENT. Thus, I/We, including BUT NOT limited to My Group shall not ever lodge a defense that We did not understand the terms, meaning and the effect and the consequences of signing this AGREEMENT.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILD(REN) ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY TICKLETOWN 4 KIDS INC. RELATED ENTITY.