This Waiver and Release is entered into by the undersigned (“Releasor”) on behalf of myself and my child/ward (collectively “Participant”) in favor of POP Panda Indoor Playground, its owners, officers, employees, agents, contractors, vendors, sponsors, insurers, representatives, affiliates, successors, assigns, landlords, facility owners, and all others acting on its behalf (collectively “Pop Panda” or “Releasees”).

1. PARTICIPATION CONDITIONS

I understand Pop Panda is a children’s indoor activity center. Participation in activities is intended solely for children. Adults are permitted only for the purpose of supervising or assisting their child/ward, and must refrain from engaging in play unless necessary.

I affirm that participation is voluntary and I have not been coerced or required to participate.

2. ASSUMPTION OF RISK

I acknowledge and understand that participation involves inherent risks including, but not limited to: falls, collisions, abrasions, sprains, fractures, head injuries, cuts, allergic reactions, infectious disease exposure (including COVID-19), suffocation, emotional distress, and other unanticipated injuries.

I understand these risks may result from the actions or negligence of myself, my child, other participants, staff, defective equipment, or unknown hazards.

I assume full responsibility for any and all risks, injuries, or damages, known or unknown, even those arising from negligence of Pop Panda or others.

3. RELEASE AND WAIVER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, I WAIVE, RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Pop Panda or any Releasees from any and all past, present, or future claims, liabilities, losses, demands, damages, costs, attorney’s fees, expenses, causes of action, or proceedings arising out of or related to:

• Personal injuries (physical or mental)
• Death
• Property loss or damage
• Emotional distress
• Medical expenses
• Infections, allergic reactions, or exposure to illness
• Negligence or alleged negligence
• Gross negligence (where waiver is permitted by law)
• Equipment or facility malfunction
• Inadequate supervision
• Premises liability
• Dangerous activities
• Assaults by third parties
• Any activity whatsoever associated with Pop Panda

This waiver applies whether or not such damages are known, unknown, foreseen, or unforeseen.

4. INDEMNITY AND DEFENSE

I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Pop Panda and Releasees from any and all claims, suits, liabilities, damages, costs, or expenses (including reasonable attorney's fees and legal costs), whether brought by me, my child, or a third party, arising out of:

• Participation in Pop Panda activities
• Injury or property loss
• Violation of Pop Panda’s rules
• Actions or omissions of myself, my child/ward, or guests

5. MEDICAL CARE AND INSURANCE

I certify that my child is in good health and has no condition that would prevent participation. I acknowledge that Pop Panda does not provide medical treatment or carry medical insurance for participants.

I agree that in the event of a medical emergency, I am financially responsible for all medical services rendered.

6. LOST, DAMAGED, OR STOLEN PROPERTY

I acknowledge that Pop Panda is not responsible for any personal items lost, damaged, or stolen, whether secured or unsecured, including items in lockers, common areas, restrooms, or the parking lot.

7. INCIDENT REPORTING

I agree to promptly notify Pop Panda staff of any injury, hazard, or incident before leaving the premises. Failure to report an incident on-site may result in waiver of liability claims to the extent allowed by law.

8. PHOTO AND MEDIA RELEASE

I grant permission for Pop Panda to use images, photos, video, and audio recordings of me or my child taken at the facility for marketing, advertising, and social media purposes. I waive any rights of compensation or approval.

9. RULES AND SAFETY COMPLIANCE

I agree that I and my child/ward will comply with all posted rules and instructions given by staff. I acknowledge that failure to follow such rules may result in injury and/or expulsion from the facility without refund.

9A. OUTSIDE FOOD AND BEVERAGE CONSUMPTION

I acknowledge and accept that bringing in and consuming food or drinks from external sources—including but not limited to parents, third-party vendors, or event participants—is done at my own risk. Any such items are the sole responsibility of the individual or group providing them, not the venue. I agree to release and hold the venue harmless from any liability, claims, or damages that may result from the consumption of these outside food and beverage items on the premises.

9B. SAFETY IS A SHARED RESPONSIBILITY: CODE OF CONDUCT FOR ALL PARTICIPANTS

By entering and using the indoor play facility, I, along with any children in my care, agree to follow the established Rules of Play:

1. I understand that participating in activities at an indoor play park—including but not limited to slides, and other equipment—carries inherent risks. By choosing to participate, I accept these risks and agree to act with caution and responsibility.
2. I will not engage in any activity involving slides, or other equipment while under the influence of alcohol or drugs.
3. I will use all provided safety gear appropriately and as intended.
4. I will refrain from participating in any activity if I have medical conditions such as heart, lung, or circulatory issues, recent surgeries, musculoskeletal injuries, high blood pressure, or if I am pregnant or suspect I may be.
5. I will remove any clothing or accessories that could pose a safety hazard, including sharp or hard objects like belts, pens, or jewelry.
6. I will avoid physical contact with other guests to ensure everyone's safety.
7. I will comply with all posted height, weight, age restrictions, play instructions for each activity or piece of equipment.
8. I will not overcrowd or overload any area of the play equipment.
9. I will participate only within the limits of my physical ability, training, and experience.
10. I understand the serious risks of improper landings, especially on the head or neck, and will take care to land safely to avoid injury.
11. I agree to follow all posted signs and verbal instructions from staff.
12. I understand that socks are required for both adults and children at all times, and I will ensure my child(ren) feet remain properly covered while in the facility.
13. I understand that Pop Panda is not a daycare facility and that drop-off of children is strictly prohibited. I agree to actively supervise my child(ren) at all times while visiting.
14. I understand that Pop Panda’s activities and equipment are designed for children. While I may participate with my own child(ren), I will not engage in play with other guests’ children. Adult-to-adult play is strictly prohibited.
15. I will explain all safety rules to any child I accompany and ensure they follow them at all times.

10. JURISDICTION, GOVERNING LAW, AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the state in which the facility is located. Any dispute shall be subject to mandatory arbitration or litigation in that state, and venue shall lie exclusively in the courts of that jurisdiction. I waive any right to a jury trial or to file a class-action lawsuit against Pop Panda.

11. SEVERABILITY

If any provision of this Agreement is found invalid, the remainder shall remain in full force and effect.

12. ACKNOWLEDGEMENT OF UNDERSTANDING

I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT. I UNDERSTAND THAT BY SIGNING BELOW, I AM GIVING UP LEGAL RIGHTS AND REMEDIES THAT MAY BE AVAILABLE TO ME AND MY CHILD. I VOLUNTARILY AGREE TO THE TERMS WITHOUT RELIANCE ON ANY ORAL STATEMENT OR REPRESENTATION.