Liability Release, Assumption of Risk, and Waiver of Claims

1. Parties and Scope

   This Liability Release, Assumption of Risk, and Waiver of Claims (“Agreement”) is entered into by the undersigned adult participant and/or parent or legal guardian (“Participant”) on behalf of themselves and any minor children listed on this form, and inures to the benefit of Romp-o-Rama, E&S Ventures, Inc., and each of their respective owners, officers, employees, agents, volunteers, and representatives (collectively, “Romp-o-Rama”).

2. Voluntary Participation and Assumption of Risk

   I understand and acknowledge that participation in activities at Romp-o-Rama — including but not limited to use of play structures, climbing equipment, jumping areas, slides, obstacle courses, open play areas, and any organized activities or events — involves inherent risks that cannot be fully eliminated, including but not limited to:

   • Falls, trips, or collisions with other participants, structures, or equipment
   • Cuts, bruises, sprains, fractures, or other musculoskeletal injuries
   • Head, neck, or spinal injuries
   • Injuries caused by or involving other guests
   • Any other physical injury, illness, or harm arising from recreational play activity

   I voluntarily choose to participate — and to allow the minor children listed below to participate — with full knowledge of the risks involved. I acknowledge that participation is purely voluntary, that no one has compelled me to participate, and that I elect to participate in spite of the known and reasonably foreseeable risks inherent to this type of recreational activity.

3. Release of Liability for Ordinary Negligence

   To the fullest extent permitted by California law, I, on behalf of myself, any minor children for whom I am the parent or legal guardian, and each of our respective heirs, personal representatives, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue Romp-o-Rama from and against any and all claims, demands, actions, causes of action, losses, damages, costs, and expenses arising out of or related to any injury, loss, or damage — including death — sustained by me or any minor child in my care while at or participating in activities at Romp-o-Rama, whether caused by the ordinary negligence of Romp-o-Rama or otherwise.

   This release does not apply to claims arising from gross negligence, willful or wanton misconduct, or intentional acts by Romp-o-Rama, as such claims may not be waived under California law.

4. Indemnification

   I agree to indemnify and hold harmless Romp-o-Rama from any and all claims, damages, losses, or expenses — including reasonable attorneys’ fees — brought by me, any minor child in my care, or any third party arising out of or related to my or any minor child’s participation in activities at Romp-o-Rama, except to the extent such claims arise from Romp-o-Rama’s gross negligence or intentional misconduct.

5. Personal Property

   I acknowledge that any personal property brought into Romp-o-Rama by me or any minor child in my care is brought at my sole risk. Romp-o-Rama assumes no responsibility for the loss, theft, or damage of any personal property on its premises.

6. Rules and Conduct

   I agree to comply, and to ensure that any minor children in my care comply, with all rules, policies, and instructions posted at or communicated by Romp-o-Rama staff. I understand that failure to comply with posted rules or staff instructions may result in removal from the facility without refund.

7. Governing Law and Dispute Resolution

   This Agreement is governed by the laws of the State of California. Any dispute arising out of or relating to this Agreement or participation at Romp-o-Rama shall be resolved exclusively in the courts of Riverside County, California, and the parties consent to personal jurisdiction and venue therein.

8. Severability

   If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalidity of one clause shall not affect the enforceability of the remainder of this Agreement.

9. Entire Agreement

   This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior or contemporaneous oral or written representations on the same subject. No oral modifications to this Agreement are effective.

Photo and Media Release

I grant Romp-o-Rama permission to photograph, video record, or otherwise capture my likeness and/or the likeness of any minor children in my care while at the Romp-o-Rama facility, and to use such images and recordings in any and all publications, marketing materials, social media, website content, or other electronic or print media, without payment or additional consideration.

I understand and agree that: (a) all such images and recordings become the sole property of Romp-o-Rama and will not be returned; (b) Romp-o-Rama is hereby authorized to edit, alter, copy, exhibit, publish, or distribute these images for any lawful purpose without further notification; (c) I waive any right to inspect or approve the finished product in which my or any minor child’s likeness appears; and (d) I waive any right to royalties or other compensation arising from or related to the use of such images.

I hereby release and hold harmless Romp-o-Rama, its owners, employees, and agents from any and all claims, demands, and causes of action arising from or related to the use of images or recordings as described above.

This release may be revoked in writing for future use only. Revocation does not apply retroactively to images already published or distributed.