LIABILITY WAIVER AND RELEASE FORM The Hills Evansville

On behalf of myself and as parent or legal guardian of the child(ren) whose name(s) are set forth below (who is(are), along with me, referred to hereinafter as the “Participants”) and in consideration of the Participants being permitted to enter The Hills Evansville and/or participate in the Activities (as defined below) conducted by The Hills Evansville, LLC located at [address] (hereinafter referred to as the “Location”), on behalf of myself and all Participants, and our respective executors, heirs, successors, and assigns, I hereby release, waive, discharge, and covenant not to sue The Hills Evansville, LLC (hereinafter referred to as “The Hills”), its officers, agents, members, managers, and employees, as well as owners of the Location, [Owner Information], and the owners, manufacturers, and installers of any equipment and facilities used or otherwise located at the Location (hereinafter referred to as “Releasees”) from any and all liabilities, claims, demands, causes of actions and/or actions whatsoever arising from, out of relating to loss, damage, or injury, including disability and death, that may be sustained by me, any other Participant, or any other person, or any other property belonging thereto, whether caused in whole or in part by the negligence of any of the Releasees, by other Participants or otherwise, while on or in the premises where The Hills is being operated, the Participants and I agree to the following:

1) Authority I represent that I am the parent or legal guardian of the Participant(s) listed below who are minors. I agree that all Participants along with all members of our group will abide by all stated and customary terms, rules, signs, and verbal instructions.

2) Risk Factors I understand and acknowledge that entering the premises and use of the facilities and equipment at The Hills Evansville involves risks and unanticipated risks including, but not limited to bodily injury, temporary and/or permanent disability, paralysis, death, illness or disease, physical or mental damages, which could occur to any of the Participants, including myself, or to spectators or third parties. I understand that use of this facility and equipment can be dangerous and hazardous. These risks may result from a variety of circumstances including the misuse of facilities or equipment, improper maintenance of the equipment and/or facilities, or the surrounding premises.

3) Assumption of Risk I am choosing to use the facilities at The Hills Evansville and to allow the other Participants to use the facilities at The Hills Evansville at my and their own risk. I understand and acknowledge the inherent risks associated with participation in The Hills Evansville activities and equipment. I, on behalf of myself and the Participant(s), hereby knowingly and freely assume all such risk to our persons and/or property, both known and unknown. I understand and acknowledge that the activities 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 playroom attendants; 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 myself, my spouse and/or the Participants, any of the Releasees, and/or any other person while on the premises.

4) Adult Supervision I understand that adult supervision of the minor Participant(s) by myself or the Participant’s caregiver(s) is required at all times. The Hills Evansville and the other Releasees shall not be liable for any injury resulting from the absence of adult supervision of the Participant(s).

5) Scope I understand that The Hills Evansville could not offer the facilities and activities without obtaining a release of liability. I understand and have knowledge of the activities in which I and/or the minor Participant(s) are about to engage in and have sought advice or explanation of such activities from Releasees prior to the execution of this waiver. I understand that neither The Hills Evansville nor any other Releasee is responsible for any medical, health, and/or disability insurance or costs associated with injury or illness. I understand that I am solely responsible for any medical, health, or personal injury costs relating to my use of The Hills Evansville and its facilities and equipment. I understand that I along with the other Participant(s) am encouraged to have a medical physical exam and my own health coverage prior to partaking in activities at The Hills Evansville.

6) Indemnity and Defense I AGREE, ON BEHALF OF MYSELF AND ALL PARTICIPANTS TO RELEASE, WAIVE, DISCHARGE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE HILLS EVANSVILLE AND ALL RELEASEES PAST AND PRESENT FROM ALL CLAIMS, SUITS, LIABILITIES, JUDGMENTS, COSTS AND EXPENSES FOR ANY PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, LOSS, THEFT OR ANY OTHER LOSS ARISING IN ANY WAY FROM PARTICIPANT(S) USE OF THE HILLS EVANSVILLE FACILITIES, EQUIPMENT AND ACTIVITIES, INCLUDING ANY AND ALL ATTORNEY FEES AND DEFENSE COSTS INCURRED BY THE HILLS EVANSVILLE AND/OR ANY OF THE RELEASEES IN CONNECTION WITH ANY CLAIMS BY ANY PARTICIPANT AGAINST THE HILLS EVANSVILLE AND/OR ANY OF THE RELEASEES (HEREINAFTER COLLECTIVELY REFERRED TO AS “LOSSES”) INCLUDING ANY LOSSES RESULTING, IN ANY WAY, FROM THE NEGLIGENCE OF ANY OF THE HILLS EVANSVILLE AND/OR ANY OF THE RELEASEES.

7) Severability If any term or provision of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term or provision shall be excluded to the extent of such invalidity or unenforceability, but all other terms or provisions contained within shall remain in full force and effect. To the extent permitted and possible, the invalid or unenforceable term or provision shall be deemed replaced by one valid, enforceable, and closest to the omitted term or provision in meaning.

8) Media Release I understand and, on behalf of myself and the other Participant(s), grant The Hills Evansville, an irrevocable royalty-free, perpetual and worldwide right to photograph, video, audio record me and/or the Participant(s) in connection with any activities and to use such photographs and/or recordings and any derivatives thereof for any purpose whatsoever in any and all media now known or hereafter devised, including but not limited to advertising and promotion. I agree that I am granting The Hills Evansville the right herein without being entitled to or seeking any compensation whatsoever. I agree that all photographs and recordings are the exclusive property of The Hills Evansville and waive any right to approve or object to The Hills Evansville’s use of any such media.

9) Personal Information I understand and, on behalf of myself and my other Participant(s), grant The Hills Evansville, the right to ask for personal information such as height and/or weight for certain activities. I understand that equipment, such as wearable climbing harnesses, walls, and belay systems have exact manufacturer specifications and The Hills Evansville will adhere to these specifications. I understand that The Hills Evansville will not share any personal information of myself or any Participant to any other Participant. This information is strictly for the safety and protection of all Participants and the functionality of the equipment.

10) Communicable Diseases In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, those set forth in the Liability Waiver and Release Form and any related events and activities, the undersigned, on behalf of his or herself and the other Participants, acknowledges, appreciates, and agrees that: (1) Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and (2) on behalf of myself and the other Participant(s), we knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the Releasees or others, and assume full responsibility for my/our participation; and, (3) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases; and (4) that I, as parent/guardian, with legal responsibility for any Participant, have read and explained the provisions in this Liability Waiver and Release Form to the Participant including the risks of presence and participation and their personal responsibilities for adhering to the rules and regulations for protection against infectious diseases.

This is a Legal Document and Is a Binding Contract and Release. If you do not understand any portion of it or do not wish to agree to the terms herein, consult an attorney and do not sign this document. I certify that I have the right and authority to sign or execute this Agreement on my own behalf and on behalf of the other Participant(s) so listed and use it as a continuous, multi-use waiver for myself and for my child’s/children’s ongoing participation in the activities and/or use it as a waiver executed for my other child/children. I hereby expressly authorize The Hills Evansville to use this Liability Waiver and Release Form as a multi-use waiver until such time as I revoke it in writing. I understand that I have given up substantial rights by signing it and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me and intend my signature to be a complete and unconditional release by me and all of the Participants of all liability to the greatest extent allowed by law.

Party Space Rental Waiver and Agreement This agreement (\"Agreement\") is made and entered into by the undersigned guest (\"Guest\") and [Your Business Name] (\"Host\"), located at [Your Business Address], for the use of the party space (\"Party Space\").

1. Deposit Requirement: The Guest agrees to provide a deposit of $50.00 (\"Deposit\") at the time of booking in order to secure the reservation for the Party Space. This Deposit is fully refundable provided that all conditions outlined in this Agreement are met.
2. Deposit Return: The Deposit will be returned within 5 business days of the scheduled party, upon the Guest’s arrival to the Party Space.
3. Cancellation Policy: In order to receive the full refund of the Deposit, the Guest must cancel the scheduled party at least 24 hours prior to the scheduled party time. Cancellations made less than 24 hours before the event will result in the forfeiture of the Deposit.
4. Terms of Use:

The Guest agrees to use the Party Space for the event agreed upon and abide by any specific guidelines or rules set forth by the Host. The Guest is responsible for any damages to the Party Space or property that occurs during the event. By signing below, the Guest acknowledges and agrees to the terms and conditions outlined in this Agreement.