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Activity Participation Agreement and Waiver

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
  • Injuries or incidents arising from the actions, negligence, or unpredictable behavior of other participants
  • Physical distress or medical events, including chest pain, shortness of breath, dizziness, or cardiac-related conditions

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
  • 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
  • I acknowledge that it is my sole responsibility to assess my fitness to participate

I understand that I am solely responsible for monitoring my physical condition during and after participation.

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 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).

INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, OR BREACH OF ANY STATUTORY DUTY, TO THE FULLEST EXTENT PERMITTED BY LAW.

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
  • I agree to this Agreement on behalf of the minor Participant
  • I further represent that the minor participant is at least six (6) years old
  • I acknowledge that all information provided must be accurate and complete
  • The Company is not responsible for consequences arising from false or misleading information

9. Age Policy

  • The minimum age to participate at PlayPlex Game is 6 years old.
  • Participants aged 6–8 must be accompanied by an adult who remains on-site and attentive for the entire session.
  • Participants aged 9–13 must have an adult present at the facility.
  • Participants aged 14–17 may attend without an adult; however, a parent or legal guardian must complete a waiver in advance.

10. 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 unsafe or disruptive participants without refund

Property Damage

  • All equipment and facility property must be used safely and only as intended.
  • Participants may be held financially responsible for intentional, reckless, or improper damage.
  • Parents or guardians are financially responsible for damage caused by minors.
  • The Company reserves the right to recover reasonable repair or replacement costs.

11. Personal Property

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

12. Video Surveillance

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

13. Governing Law and Jurisdiction

This Agreement shall be governed by 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.

14. Severability

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

15. Validity and Duration of Agreement

This Agreement shall remain valid and enforceable for all current and future visits to the Company’s facility for a period of twelve (12) months from the date of signing.

The Participant acknowledges that this Agreement applies to each visit during this period without the need to sign a new waiver.

The Company reserves the right to require a new waiver to be signed at any time.

16. 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