THE RUSH FUN PARK

RELEASE, WAIVER, INDEMNITY AND ASSUMPTION OF RISK AGREEMENT

In consideration of and in exchange for being permitted to use all of the facilities and equipment of The Ruch Fun Park (collectively “Facilities”) operated by SAAZ, LLC, a Arizona limited liability company, doing business as The Rush Fun Park (“Operator”), this RELEASE, WAIVER, INDEMNITY AND ASSUMPTION OF RISK AGREEMENT (“Agreement”) is entered into and granted by (a) all parties age 18 or older (“Adults”) who sign this Agreement; (b) all parties under the age of 18 (“Minors”) whose parents, legal guardians or other legally responsible parties age 18 or older (collectively “Responsible Parties”) sign this Agreement on behalf of such Minors; (c) all Responsible Parties regarding Minors for whom they sign this Agreement; and (d) all Responsible Parties regarding Minors who they permit to use the Facilities.  All Adults, Minors, and Responsible Parties are sometimes collectively referred to in this Agreement as “Participants.”

1. Operator provides the Facilities solely for recreational use and enjoyment.  Participants voluntarily choose to use the Facilities.  Responsible Parties voluntarily choose to permit Minors for whom they sign this Agreement or are otherwise responsible to use the Facilities.  Participants understand that Operator will not permit Participants to use the Facilities unless (a) such Participants agree to be completely liable and responsible for all injuries to themselves, all injuries to third parties, and all damage to property that may result from their use of the Facilities; (b) Responsible Parties agree to be completely liable and responsible for all injuries to Minors, all injuries to third parties, and all damage to property that may result from use of the Facilities by Minors who they permit to use the Facilities; and (c) such Participants and Responsible Parties sign this Agreement as required.

2. Participants on behalf of themselves, and Responsible Parties on behalf of Minors who they permit to use the Facilities, and on behalf of all of their respective parents, spouses, children, heirs, estates, representatives, successors, assigns, insurers and all other persons and entities related thereto or connected therewith (collectively “Releasing Parties”), hereby forever, finally, fully, permanently and unconditionally release, acquit and discharge Operator and all of its owners, executives, management, employees, agents, representatives, and all other persons and entities related thereto or connected therewith (collectively “Released Parties”), to the maximum extent permitted by applicable law, from any and all claims, allegations, demands, suits, actions, disputes, liabilities, obligations, responsibilities, damages, losses, costs, expenses and attorneys’ fees of any kind, known and unknown, caused by Operator’s negligence or otherwise, which may arise or result from any use of the Facilities (collectively “Released Liabilities”).

3. Releasing Parties agree not to sue Operator in connection with any of the Released Liabilities, AND WAIVE ALL ACTUAL AND POTENTIAL CLAIMS AGAINST OPERATOR REGARDING THE RELEASED LIABILITIES.

4. Releasing Parties agree to completely indemnify, defend and hold Operator harmless with respect to all Released Liabilities, and to reimburse Operator for any amounts incurred by Operator in connection with any Released Liabilities.

5. Releasing Parties understand that using the Facilities exposes Participants and Minors to inherent risks that cannot be eliminated regardless of the care taken to avoid such risks.  Releasing Parties understand that such risks could include (a) falling off equipment, double bouncing, collision with fixed objects and/or people, and failed attempted jumps and stunts; (b) minor injuries such as scratches, bruises, cuts and sprains; (c) major injuries such as damage to eyes, broken bones, joint or back injuries, concussions and heart attacks; (d) catastrophic injuries including paralysis and death; (e) injuries of all kinds to third parties; and (f) damage to property (collectively “Risks”).  Releasing Parties understand and appreciate the Risks inherent in using the Facilities.  Participants assume and accept the Risks on behalf of themselves, and Responsible Parties assume and accept the Risks on behalf of Minors who they permit to use the Facilities.

6. FEMALES WHO KNOWINGLY OR UNKNOWINGLY ARE OR MAY BE PREGNANT (COLLECTIVELY “PREGNANT FEMALES”) SHOULD NOT USE THE FACILITIES.  PREGNANT FEMALES UNDERSTAND AND APPRECIATE THE RISKS INHERENT IN USING THE FACILITIES, AND ASSUME AND ACCEPT THE RISKS ON BEHALF OF THEMSELVES AND THEIR UNBORN CHILDREN.  PREGNANT FEMALES and responsible parties AGREE THAT THE TERM “MINORS” AS USED IN THIS AGREEMENT INCLUDES ALL UNBORN CHILDREN.

7. Participants on behalf of themselves, and Responsible Parties on behalf of Minors who they permit to use the Facilities, agree that they will maintain adequate medical and other insurance to cover and pay for any possible injury that may arise from any use of the Facilities by such Participants or Minors.

8. Participants on behalf of themselves, and Responsible Parties on behalf of Minors who they permit to use the Facilities, agree that they will read and follow the rules of the Facilities, and will cause other Participants and Minors to follow such rules, including without limitation, the rules posted on signs within the Facility.

9. Responsible Parties agree that they will continually accompany and supervise all Minors who they permit to use the Facilities.

10. Participants on behalf of themselves, and Responsible Parties on behalf of Minors who they permit to use the Facilities, agree that Operator shall be entitled to use all video, pictures, and other images captured in the Facilities for any purpose including display in both printed and electronic media and on the Internet.

11. All claims and disputes arising out of or relating in any way to the Facilities or this Agreement shall be subject to mandatory and binding arbitration conducted in MARICOPA COUNTY, ARIZONA.  Participants on behalf of themselves, and Responsible Parties on behalf of Minors who they permit to use the Facilities, understand and agree that they are waiving their rights to commence any legal action of any kind against Operator other than arbitration as set forth herein.

12. This Agreement shall be governed solely by Arizona law applicable to contracts negotiated, executed and performed entirely in the State of Arizona.

13. This Agreement may be signed in counterparts, each of which may be signed by less than all of the parties hereto, each of which shall be enforceable against the signatories, and all of which together shall constitute one document.  Signed copies of this Agreement created by electronic means shall be binding on the signatories, and electronic signatures shall be deemed to be original signatures for all purposes.

14. Responsible Parties represent and warrant that they are the parents, legal guardians or other legally responsible parties age 18 or older, for Minors who they permit to use the Facilities.

15. Participants on behalf of themselves, and Responsible Parties on behalf of Minors who they permit to use the Facilities, agree that they had a sufficient opportunity to read and understand this Agreement, and to ask questions about this Agreement, before signing it.

            IN WITNESS WHEREOF, Participants on behalf of themselves, and Responsible Parties on behalf of Minors who they permit to use the Facilities, have signed this Agreement as of the dates indicated.