SMALL WONDERS FARM PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION

I acknowledge:- Weight limit for the Shetland Pony is 85lbs, and for the Hackney Pony is 115lbs
PLEASE READ THIS DOCUMENT CAREFULLY: BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE AND MINOR’S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM DECIDED BY A JURY. BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) TO SUE Michael and/or Patricia Hayward (SMALL WONDERS FARM) FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, RESULTING FROM PARTICIPATION IN SMALL WONDERS FARM CAMP.

ADDENDUM TO PARTICIPATION AND ARBITRATION AGREEMENT ADDING WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19 ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT

In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, those set forth in the Participation and Arbitration Agreement and any related events and activities, the undersigned acknowledges, appreciates, and agrees that: (1) Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, (2) Participant for myself, and/or on behalf of my spouse, and minor child(ren)/ward(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, (3) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest management employee immediately; and (4) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and, (5) I, for myself and/or on behalf of my spouse, and minor child(ren)/ward(s) as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Michael and Patricia Hayward (SMALL WONDERS FARM LLC), its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of premises (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, trampoline park access, trampoline dodge ball, trampoline basketball, aerial training, fitness classes, trampoline courts, foam pit activities, reduced/altered/theatrical/laser and special effects lighting, snack bar access and any other amusement activities (collectively “ACTIVITIES”), provided by SMALL WONDERS FARM LLC and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “SMALL WONDERS FARM”), I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby agree to forever release, indemnify and discharge SMALL WONDERS FARM on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities as set forth below. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby acknowledges, agrees and represents that immediately upon entering or participating I will, inspect and carefully consider Small Wonders Farm’s premises and facilities. It is further warranted that such entry into SMALL WONDERS FARM’s facilities for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and carefully considered and that the undersigned finds and accepts same for myself, and/or on behalf of my spouse, minor child(ren)/ward(s) as being safe and reasonably suited for the purpose of such observation, use or participation by myself, and/or by my spouse, minor child(ren)/ward(s). The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s) hereby represent that (i) I/we are in good health and in proper physical condition to participate in the Activities in which SMALL WONDERS FARM provides; and (ii) I/we are not, and during ACTIVITIES will not be, under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in ACTIVITIES; (iii) I/we have not been advised against activities by a health professional; and (iv) I/we agree that I/we do not have to participate in any ACTIVITIES I/we do not voluntarily wish to participate in and that I/we will only participate in any ACTIVITIES for which I/we have sufficient skill to avoid injury. I agree that it is my sole responsibility to determine whether I/we are sufficiently fit and healthy enough to participate in ACTIVITIES. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), agree to be familiar with and to abide by the rules established for the ACTIVITIES, which include without limitation the rules posted in the facility and/or website. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), accepts sole responsibility for my own conduct and actions, as well as the conduct and actions of my spouse, minor child(ren)/ward(s) while participating in the ACTIVITIES, and the condition and adequacy of the equipment.

ASSUMPTION OF RISK AND RELEASE OF LIABILITY
I acknowledge that I and/or my spouse, minor child(ren)/ward(s), for whom I represent that I have full authority as parent or legal guardian to bind the minor participant to this agreement, am voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; animal behaviors: a lack of supervision and/or trained trampoline monitors; lack of proper equipment or padding, netting, fencing or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my spouse and/or my child(ren)/ward(s), SMALL WONDERS FARM, and/or any other person and/or entity while on the premises. I hereby voluntarily assume all such risks. I further understand and acknowledge that SMALL WONDERS FARM does not manufacture the trampolines, fencing, structures or other equipment in its facilities but purchases and the trampolines and equipment and therefore SMALL WONDERS FARM may not be held liable for defective products. Despite all known and unknown risks including but not limited to serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or about SMALL WONDERS FARM’s property, I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s) hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue Michael and/or Patricia Hayward or members of their family or staff (collectively known as SMALL WONDERS FARM), including its suppliers, designers, installers, manufacturers of any trampoline equipment, animal pens, barn, or such other material and equipment on Small Wonders Farm’s property (all herein after referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by SMALL WONDERS FARM or any EQUIPMENT SUPPLIERS while in or about the premises and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the premises and/or while using any items purchased in or about the premises, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or my spouse, minor child(ren)/ward(s). This Release of Liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of SMALL WONDERS FARM and/or any EQUIPMENT SUPPLIERS.

INDEMNIFICATION
I understand that the known and unknown risks may be caused in whole or in part by me or my spouse or child(ren)/wards own actions or inactions, the actions or inactions of others participating in activities, or the acts, inaction or any type of negligence of SMALL WONDERS FARM or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with my spouse and/or my minor child(ren)/ward(s) to enter onto and into Small Wonders Farm’s property or facilities for observation or use of any facilities or equipment or participation in ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) while in or about the premises and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the premises and/or while using any items purchased in or about the premises, including any such loss due to the sole or partial negligence of SMALL WONDERS FARM and all EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless SMALL WONDERS FARM and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by SMALL WONDERS FARM and all EQUIPMENT SUPPLIERS as a result of any claims asserted by myself, my spouse and/or child(ren)/ward(s) against SMALL WONDERS FARM and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments SMALL WONDERS FARM and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of SMALL WONDERS FARM or any EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless SMALL WONDERS FARM for any injury, damage and/or harm myself, my spouse and/or my minor child(ren)/ward(s) cause to SMALL WONDERS FARM or its facility and/or to any and all other persons and entities acting in any capacity on behalf of SMALL WONDERS FARM.

LIABILITY FOR PROPERTY
I, on behalf of myself and/or my spouse and my minor child(ren)/ward(s) agree SMALL WONDERS FARM is not liable to me/us or our guests, child(ren)/ward(s) for any personal property that is damaged, lost, or stolen while on or about the SMALL WONDERS FARM premises including, but not limited to, a vehicle or its content or any property in a locker or otherwise, whether or not SMALL WONDERS FARM was negligent.

ATTORNEYS’ FEES
To the extent permitted by law, I promise to indemnify and pay SMALL WONDERS FARM for any attorneys’ fees and/or costs incurred to enforce the Mediation, Non-Binding Arbitration portion of this agreement, including all costs associated with any collection efforts.

PHOTO RELEASE
By entering SMALL WONDERS FARM and participating in the ACTIVITIES, I hereby grant SMALL WONDERS FARM on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me, my spouse or my child(ren)/ward(s) in connection with SMALL WONDERS FARM and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind.

TERMS OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my spouse and/or child(ren)/ward(s) visit SMALL WONDERS FARM. The undersigned further expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the laws of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

MEDIATION, NON-BINDING ARBITRATION AND VENUE
If a dispute arises out of or relates to this Agreement and/or SMALL WONDERS FARM and/or EQUIPMENT SUPPLIERS and/or any ACTIVITIES and/or an incident that occurs while on the premises, and/or while using any items purchased in or about the premises, as well as the installation, design, construction, and condition of the facility by SMALL WONDERS FARM and/or EQUIPMENT SUPPLIERS, involving a single claimant, or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations, and unless the parties agree on a different mediation or non-binding arbitration process, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures available at http://www.adr.org before resorting to non-binding arbitration. Thereafter, any unresolved claims shall be submitted to non-binding arbitration administered by the AAA in accordance with its Non-Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws of the State in which the SMALL WONDERS FARM facility is located. In-person hearings will take place pursuant to the Non-Binding Consumer Arbitration Rules in the county/parish and state in which SMALL WONDERS FARM is located. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any non-binding arbitration hereunder without the prior written consent of both parties. The parties agree to mediation and non-binding arbitration of any and all claims, disputes and grievances, not otherwise excepted herein, arising out of or relating to this Agreement, the participation in any on-site ACTIVITIES and/or while on the premises, and/or while using any items purchased in or about the premises, as well as the installation, design, construction, and condition of the facility by SMALL WONDERS FARM and/or EQUIPMENT SUPPLIERS. A copy of the Rules mentioned herein may be obtained from the AAA by visiting AAA’s website at http://www.adr.org. The scope of this Agreement is intended to be as broad as possible under applicable law, and shall include all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to non-binding arbitration the issues of substantive and procedural arbitrability, including defenses to arbitration and all disputes regarding the enforceability, interpretation, breadth, scope and meaning of this Agreement. The parties reserve their rights to resolve disputes involving less than $10,000.00 in an applicable small claims or district court in the county/parish and state in which the SMALL WONDERS FARM is located that are within the scope of the small claims’ or district court’s jurisdiction. In the event non-binding arbitration does not totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against SMALL WONDERS FARM shall be in the county/parish and state in which the SMALL WONDERS FARM property is located. It is further agreed that the substantive law of the State in which the SMALL WONDERS FARM is located shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered in any federal or state court having jurisdiction. By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived my and my spouse and/or child(ren)/ward(s) right to maintain any action in court or to be decided by a jury against SMALL WONDERS FARM on the basis of any claim from which I have released SMALL WONDERS FARM and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless SMALL WONDERS FARM and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by SMALL WONDERS FARM and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the facility by myself, my spouse and/or child(ren)/ward(s) and/or claims asserted by myself, my spouse and/or child(ren)/ward(s) against SMALL WONDERS FARM and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.