Assumption of Risk, Waiver of Liability, and Indemnification Agreement Nature of our Activities: Silverlake "The Family Place" is more than just a gym or a trampoline park - it's an activity center for the whole family. Some of major facility areas include a fitness center, a trampoline park, a ropes course, multi-purpose gym, an outdoor playground, an aquatics center, party/activity rooms, a childcare center, and a water park. These and our other facilities at Silverlake enable us to offer you more healthy, fun, and family activities than we can list. Typical of the activities are: Fitness Center – free weights, weight machines, cardio equipment, a walking track; Trampoline Park – open play, dunk, dodgeball, fitness classes; Ropes Area – ropes, climbing, and zip line activities; Multi-purpose Gym – basketball, volleyball, pickleball, free play, open gym, team play, & leagues; Aquatics Area – lap & therapy pools, swimming classes, exercise classes, slides, fun, spray, & splash areas, paddle boats; Childcare – age appropriate swings, tunnels, climbers and inflatables, bounce house, preschool academy; Youth Activities – after school care, all day care, sport instruction, home-school PE class, sport camps, Funnastics (tumbling/gymnastics), swimming lessons; Senior Activities – many land and water age appropriate exercises, therapy. There are many more options for all age levels, such as, duck pin bowling, taekwondo, bowling, golf simulator, cooking classes, bocce ball, outdoor playground, locker room with private showers, sauna and steam room, adult gaming, and more than 100 fitness classes weekly. These activities can provide benefits and opportunities for clients of all ages. Some of those are pleasure, opportunity for competition, improved physical fitness, more attractive appearance, more energy, greater enjoyment of life, relaxation, help with weight control, and many other health benefits. However, Silverlake feels it is important to remind the Participant/Parent [which refers to either an ADULT Participant, OR a MINOR Participant AND his/her PARENTS/GUARDIANS] that all of Silverlake activities (like all sport, recreation, and fitness activities) carry with them some risk of injury that is inherent in the activity [inherent risks are those that are normal and natural to that activity and cannot be eliminated without changing the primary nature of the activity]. A few of the categories and examples of inherent risks follow: General risks common to most activities as well as to observers and guests include slips, trips, and falls; landing awkwardly; collisions with participants or stationary objects; positioning yourself too close to the action; and being struck by flying objects or persons. In addition, most activities involve risks specific to that particular activity. The following is a list of some of the risks associated with some of the activities. Fitness Center-related – machine malfunction, weight striking client, loss of control of weight, overexertion, collision with machine or other participant. Trampoline-related - landing incorrectly, striking an area where padding has shifted, double bouncing, attempting flips, errant bouncing, colliding with a hard object or another participant, attempting actions beyond one’s current skill level. Ropes Course-related – colliding with structure, harness- rope- or zipline malfunction, awkward falls. Multi-purpose gym-related – struck by ball or other equipment, collisions. Outdoor playground-related – collisions with equipment, misuse of equipment, falling onto equipment or onto a participant, having a participant fall on you. Aquatics-related – overdoing workout, too long in sauna, diving injuries, drowning. Cooking class-related – burns, cuts; Party-related – erratic actions of excited and energetic children (and adults), thrown items, snacks or spills on the floor, running, spontaneous acts or responses – all often occurring in a limited space. Co-participant and participant action-related risks - rowdy play, violation of safety rules, erratic actions, failure to allow space, attempting tasks beyond ability, failure to follow instructions, failure to follow safety rules. Employee or Management-related inherent risks – 1) errors in judgment (such as failure to recognize a developing dangerous condition, failure to recognize that an area is too crowded, failure to see that a dangerous situation exists, failure to spot a participant behaving dangerously, failure to make an instruction clear, misjudgment of participant ability or readiness, failure to recognize the need to call for emergency care quickly, misjudgment in hiring or retaining a staff member, and failing to realize that staff training or emergency training is inadequate), and 2) sudden distraction, momentary inattention, or inability to observe all that is going on at all times while supervising. Silverlake feels that it is important that the Participant/Parent understands that three types of injuries can occur. First is the common Minor Injury. Examples of this type are: muscle strains and sprains, bruises, abrasions, rope burns, and contusions. The second type of injury is the occasional Serious Injury. Examples include broken bones, ligament and joint injuries, concussions, cuts, and eye injuries. The third type of injury is the rare Catastrophic Injury. Some examples of catastrophic injury are brain injury, paralysis, heart attack, and death. Even though the likelihood of such an injury is very remote, we feel that the Participant/Parent should be aware of all possibilities. Assumption of

Inherent Risks: I, the Participant/Parent, have read the above paragraphs and know that Silverlake activities contain inherent risks which vary in seriousness with the activity. I understand the demands of those activities relative to my physical condition and skill level (or that of my child), and I appreciate the types of injuries that may occur as a result of Silverlake activities and their potential impact on my well-being and lifestyle (and that of my child). I hereby assert that my participation (or that of my child) is voluntary and that I knowingly assume all inherent risks of Silverlake activities and premises.

Waiver of Liability for Ordinary Negligence: In consideration of permission to use the Silverlake property, facilities, and services, today and on all future dates, I, the Participant/Parent, on behalf of myself, my spouse, my minor children, my heirs, my parents or guardians, personal representatives, and assigns [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, and covenant not to sue Kenton Lands, LLC, dba Silverlake "The Family Place," Silverlake Properties, Ltd., owners, directors, officers, affiliates, employees, volunteers, independent contractors, equipment providers, affiliated entities, and agents [hereafter referred to as Protected Parties] from liability from any and all claims arising from the ordinary negligence of Silverlake or the other Protected Parties.

This agreement applies to

1) personal injury (including death) from incidents or illnesses arising from participation in Silverlake activities (including, but not limited to, instruction, classes, personal training, individual or group play, competition, observation, individual use of all facilities or equipment, hallways, stairs, shower/locker room area, and all premises including the associated sidewalks and parking lots) or from my presence at the facility; and to 2) any and all claims resulting from the damage to, loss of, or theft of property.

Indemnification: I, the Participant/Parent, agree to hold harmless, defend and indemnify Silverlake and all Protected Parties (i.e., defend and pay any judgment and costs, including losses, liabilities, obligations, damages, investigation costs, attorney’s fees, expert witness fees, and related expenses) from any and all claims of Releasing Parties (or others acting on behalf of Participant) arising from Silverlake activities (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties). I further agree to hold harmless, defend and indemnify Silverlake and Protected Parties against any and all claims of co-participants, rescuers, and others arising from Participant’s conduct, acts, or omissions while participating in Silverlake activities.

Clarifying Clauses: I, the Participant/Parent, confirm and agree to the following:

1) Integration Clause. This is the entire agreement between Silverlake and me and cannot be modified or changed in any way by representations or statements by any agent or employee of Silverlake.

2) Severability Clause. This agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Kentucky and if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.

3) Venue, Jurisdiction, & Choice of Law. If legal action is brought arising from Silverlake activities, the venue for any legal action shall be in the appropriate trial court for Kenton County, Kentucky, or the United States District Court for the Eastern District of Kentucky and the substantive laws of the State of Kentucky shall apply. Waiver of Jury Trial This is a waiver of my constitutional right to a trial by jury for any and all causes of action arising from the Silverlake activities or my presence on the premises. I, the Participant/Parent, knowingly and voluntarily agree that any such dispute will be resolved by a bench trial (i.e., trial by judge). Affirmations of the Participant: I, the Participant/Parent, affirm that I (or my minor child):

Health Status

acknowledge that one should get medical clearance prior to participation in a vigorous physical activity. have no pre-existing medical condition that would make participation in Silverlake activities unwise. possess a sufficient level of skill and physical fitness for safe participation in Silverlake activities. either have adequate insurance to cover injury, or I can and will bear the cost myself

Rules and Actions

agree to obey all safety rules and alert staff to any rule violations, dangerous behavior, and unsafe practices or conditions. agree to use the facility in a safe and responsible manner. agree to stay in areas to which assigned and not enter areas that will place me in undue danger. <!-- [if !supportLists]-->· <!--[endif]-->agree to wear all recommended safety gear during participation. agree to attempt only activities that I feel I am capable of performing safely. understand that participating in Silverlake activities while under the influence of drugs or alcohol is prohibited.

Health and Safety

authorize the use of CPR and/or an AED if Silverlake staff deem it is needed.

authorize Silverlake to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by Silverlake and

I agree to assume all costs of emergency medical care and transportation. acknowledge that it is the participant’s duty to inform staff and cease exercise immediately if he/she feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation.

acknowledge that Silverlake has authority to end my participation if my actions present a danger to myself or others.

Release of Image

agree that Silverlake can use my photo or video images for promotion (e.g., advertising, social media, website). 

<!--[endif]-->Acknowledgement of Understanding: I, the Adult Participant, have read this Agreement and understand that I am giving up substantial rights, including my right to sue for damages in the event of death, injury, or loss. I acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to the inherent risks of Silverlake Activities or the ordinary negligence of the Protected Parties, to the greatest extent allowed by laws of the State of Kentucky.

Acknowledgement of Understanding: I, the Parent/Legal Guardian of the minor listed below, hereby grant my minor child permission to participate in all Silverlake activities. Further, I have read and fully understand this Silverlake Assumption of Risk, Waiver of Liability, and Indemnification Agreement, and unconditionally agree that all terms, statements, and releases fully apply both to my child and myself. I understand that I am discharging significant rights including:

1) the right of my minor child to recover damages for any loss he/she might suffer as a result of injury or death arising from participation at Silverlake.

2) my right as parent or guardian to recover damages I might suffer as a result of such injury to or death of my child; and

3) my right to recover damages I might suffer as a result of my injury or death while on Silverlake premises.

I intend my signature to be a complete release of all liability, including that due to the inherent risks of Silverlake activities or the ordinary negligence of the Protected Parties, to the greatest extent allowed by laws of the State of Kentucky. Additionally, I, the Parent/Guardian of the minor child, assert that I have explained the inherent risks of Silverlake activities to my minor child and that the minor understands this Agreement, assumes the inherent risks, and agrees to follow Silverlake rules.