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WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK
IMPORTANT – PLEASE READ CAREFULLY

BY SIGNING THIS AGREEMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.

1. Parties

This Activity Participation Agreement, Waiver, Release of Liability and Assumption of Risk Agreement (the “Agreement”) is entered into by the undersigned participant (“Participant”), and, where applicable, the undersigned parent or legal guardian of a minor participant (“Parent/Guardian”), in favour of:

PLAYPLEX GAME INC., its affiliates, related companies, shareholders, directors, officers, employees, contractors, agents, successors, assigns and insurers
(collectively, the “Company”).

2. Description of Activities

The Company operates an indoor interactive entertainment facility that includes, without limitation:

  • Physically active and reaction-based games
  • Rapid movement, stepping, running, and directional changes
  • Interactive floor or wall projections, lighting effects, sound effects, and timed challenges
  • Participation with other players in shared game spaces

(collectively, the “Activities”).

3. Acknowledgement of Risks

I acknowledge and understand that participation in the Activities involves inherent and significant risks, including but not limited to:

  • Slips, trips, falls, and loss of balance
  • Collisions with other participants
  • Muscle strains, sprains, fractures, concussions, or other physical injuries
  • Visual misjudgment due to lighting effects, projections, or fast-changing visual stimuli
  • Equipment malfunction, sensor delay, or unexpected game responses
  • Fatigue, elevated heart rate, or overexertion

I understand that these risks may result in serious injury, permanent disability, or death, and that such risks cannot be completely eliminated without fundamentally altering the nature of the Activities.

4. Health and Medical Representation

I represent and warrant that:

  • I am physically and mentally capable of participating in the Activities
  • I do not suffer from any condition that would make participation unsafe, including but not limited to heart conditions, epilepsy, pregnancy-related restrictions, severe anxiety, or recent surgery
  • I will immediately stop participating and notify staff if I feel unwell or unsafe

I acknowledge that the Company does not provide medical advice or medical supervision.

5. Assumption of Risk

I voluntarily and knowingly assume all risks, both known and unknown, associated with my participation in the Activities and presence at the facility, even if such risks arise from the negligence of the Company.

6. Release and Waiver of Liability

To the fullest extent permitted by the laws of the Province of Ontario, I, on behalf of myself and my heirs, assigns, personal representatives and next of kin, hereby:

RELEASE, WAIVE AND FOREVER DISCHARGE the Company from any and all claims, demands, actions, damages, losses, costs or causes of action arising out of or related to:

  • Personal injury, death, or property damage
  • Participation in the Activities
  • Use of the Company’s facilities or equipment

INCLUDING claims arising from the negligence of the Company, its employees, agents, or contractors, and including any duty owed under the Occupiers’ Liability Act (Ontario).

7. Indemnification

I agree to indemnify and hold harmless the Company from any claims, demands, losses, or expenses (including reasonable legal fees) arising out of:

  • My participation in the Activities
  • My breach of this Agreement
  • Any claims brought by third parties as a result of my actions
8. Minors – Parent or Legal Guardian Consent

If the Participant is under the age of 18:

I represent and warrant that I am the parent or legal guardian of the minor Participant and that I have full legal authority to enter into this Agreement on the minor’s behalf.

I agree to this Agreement on behalf of the minor Participant, and I further agree to assume full responsibility for the minor’s participation, including all risks and potential claims arising therefrom.

9. Rules, Conduct and Safety

I agree to:

  • Follow all safety instructions and facility rules
  • Use required footwear and appropriate attire
  • Behave in a safe and respectful manner

The Company reserves the right to remove any participant who is unsafe, disruptive, or under the influence of alcohol or drugs, without refund.

10. Personal Property

I acknowledge that the Company is not responsible for the loss, theft, or damage of personal property brought onto the premises.

11. Video Surveillance

I acknowledge that the facility may use video surveillance for safety and security purposes and consent to such recording to the extent permitted by law.

12. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

Any legal proceeding shall be brought exclusively in the courts of Ontario.

13. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.

14. Acknowledgement and Acceptance

I confirm that:

  • I have had sufficient time to read and understand this Agreement
  • I understand that I am giving up substantial legal rights
  • I am signing this Agreement freely and voluntarily