1. The premises, facilities, or equipment and participate in the activities or program thereon.

2. Acknowledgments to promote safety at Kowabunga, Rules and Safety: I, on behalf of myself and my Child, agree to abide by all safety-related rules, rules-of-play, posted safety signs, verbal instructions, and all stated and customary terms while participating in any activity, party, event or program at Kowabunga. Rules-of-play include and are not limited to (a) adult supervision of my Child at all times while at Kowabunga, and (b) wearing socks in the play area. I acknowledge that no shoes or bare feet are allowed in the play area. I agree to inform Kowabunga immediately if I and my Child see conduct or a facility condition that endangers others. I agree that Kowabunga has the authority to terminate participation if it is deemed a danger to me or others.

3.Emergency Care: I authorize Kowabunga to obtain emergency medical attention for my Child(ren) as may appear reasonably necessary. I understand that said treatment may be carried out within or without Kowabunga facilities. I further understand and agree that I will be financially responsible for all charges and fees incurred in rendering said emergency treatment, including all costs associated with such medical care and related transportation for my Child regardless of whether my medical insurance would cover such charges and fees and INDEMNIFY and hold Kowabunga HARMLESS from any costs incurred therefore.

4.  I will disclose any medical, physical, mental, or emotional health conditions that would pose any risks to other children at Kowabunga. I and my Child assume the risks of all medical conditions including but not limited to asthma, diabetes, anaphylaxis, epilepsy, heart disease or high blood pressure. I understand that Kowabunga may not be able to host my Child(ren).

5.  I hereby WAIVE any right to claims, damages, or other legal relief which may arise from injury to me, my Child(ren), or my property from the acts or omissions of Kowabunga.

6. In consideration of the access to the premises, the play area and equipment, and of the services provided to myself and my Child(ren) by Kowabunga, I agree to INDEMNIFY and hold harmless Kowabunga with respect to any loss of any kind suffered by Kowabunga or any third person as the result of my Child(ren)’s visit or use of premises, equipment or services at Kowabunga. I further agree to pay for all damages to the facilities or equipment at Kowabunga caused by my or my Child’s negligent, reckless, or willful actions.

7. I understand that the terms of this Informed Consent, Release of Liability, Assumption of Risk and Indemnity Agreement will apply to each occasion my Child(ren) or I visit or use the services of Kowabunga or otherwise while in, upon, or about the premises of Kowabunga.

8. I further agree that the foregoing Informed Consent, Release of Liability, Assumption of Risk and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Oregon and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I also understand that if legal action is brought, the appropriate trial court of the State of Oregon will have sole and exclusive jurisdiction and that only the substantive laws of the State of Oregon shall apply.

9.  I acknowledge that I may arrange for the private use of the playspace for 2 hours and up to 5 hours upon entering a facility private use agreement with Kowabunga based on its then current price schedule (inclusive of Kowabunga’s eco-friendly plates, forks, napkins, and cups). Private use is limited to up to 20 individuals. Kowabunga will allow outside food and drink but no alcoholic beverages will be allowed on the premises.

I have carefully read and I understand this agreement and all of its terms and sign it freely and voluntarily and agree that it is binding upon me and my heirs, successors, assigns and legal representatives. I intend that this agreement be VALID, BINDING AND APPLICABLE for the ENTIRE YEAR in which the Informed Consent, Release of Liability, Assumption of Risk and Indemnity Agreement is signed.