FOAM IT UP PARTIES, LLC WAIVER

Waiver:

In consideration of being permitted to participate in any way in a Foam Party or Any of the Activities involved with Foam Machines, hereinafter called "The Activity", I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue FOAM IT UP PARTIES LLC, its officers, employees, and agents from any and all liability from any and all claims resulting in personal injury, accidents or illnesses (including death), and any property loss arising from, but not limited to, participation in The Activity. FOAM IT UP PARTIES LLC is based in Westfield, IN 46074.

Assumption of Risks:

Participation in The Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks include 1) minor injuries such as scratches, bruises, rashes, allergic reactions and sprains 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, head injuries, and concussions to 3) catastrophic injuries including paralysis and death. Other risks include, but are not limited to, slips, falls, contact with other participants, negligent or wanton acts of other participants, any defects or condition of premises or equipment, insects or wild animals, the effects of the weather including high heat, cold temperatures, storms, and/or humidity. Individuals who are pregnant, have a heart condition, or have previous athletic injuries that may increase vulnerability to injury, should not engage in the Activities.

In the event that I should require medical care or treatment, I authorize FOAM IT UP PARTIES LLC to provide any and all emergency medical care deemed necessary,including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport (ambulance), and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in The Activity. I hereby assert that my participation (and my minor's or minors under my care and control participation) is voluntary and that I knowingly assume all such risks.

Idemnification and Hold Harmless:

I also agree to idemnify and hold harmless FOAM IT UP PARTIES LLC from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney fees brought as a result of my (our) involvement in The Activity and to reimburse them for any such expenses incurred. This release also includes negligence on the part of FOAM IT UP PARTIES LLC, its agents, and employees.

Severability:

I further expressly agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Indiana and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Intoxication:

I understand that consumption of alcohol or drugs before or during the Activity increases risk to myself and others, and I agree to not participate while under the influence of any intoxicating substances, even if legally prescribed.

Rules and authority:

I agree to abide by the rules and instructions of the FOAM IT UP PARTIES LLC employee(s) at all times during the Activity, including but not limited to the FOAM IT UP PARTIES LLC employee(s) stopping my participation of the activity at any time for any reason. If any FOAM IT UP PARTIES LLC equipment is damaged by me due to the intentional or reckless acts on my part, I agree to reimburse FOAM IT UP PARTIES LLC for any and all equipment damaged.

Severe Weather Policy:

If inclement weather is forecasted 24 hours prior to the scheduled event (60% chance or more of rain/snow, heavy wind, hail, sleet, tornado, lightning within 10 miles, or any other severe weather-related event), FOAM IT UP PARTIES LLC reserves the right to cancel and/or postpone the event. In the event this happens, no refund will be given, however The Customer will be allowed to reschedule the event on any future available date within 1 calendar year of the original scheduled party and the money already paid will be used towards the new party date.

Refund/Cancellation Policy:

FOAM IT UP PARTIES LLC or The Customer may, at any time, stop and/or cancel the foam party, for any reason(s). If the reserved party is cancelled for any reason, no refund of the deposit will be provided.

Deposit/Full Payment:

FOAM IT UP PARTIES LLC requires a deposit of $100 at the time of reserving an event date. Once the deposit is paid, it acts as a reservation for the date and time selected. Full payment of the event is due 24 hours prior to the start of the reserved party. If full payment is not received by due date, FOAM IT UP PARTIES LLC has the right to charge a $50 late fee and/or cancel the party.

Date*

Date

Name*

First NameLast Name

Address*

Street Address

Street Address Line 2/Business Name (if applicable)

CityState

Zip Code

Phone Number*

Please enter a valid phone number.

Email

example@example.com

I hereby grant permission to FOAM IT UP PARTIES LLC to take and use photographs/videos of me, my minor children/minor children in my control, and/or any and all persons attending or participating in the activity for use on their social media posts, website posts, marketing material, or to create souvenir videos.*

I am aware that minor children, who are less than 18 years of age, may be in attendance at my party and I am fully responsible for their actions and supervision. FOAM IT UP PARTIES LLC is not responsible for unsupervised or unattended minor children. I am also aware that FOAM IT UP PARTIES LLC is not a daycare or babysitter service.*

Acknowledgment of Understanding:

I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue on behalf of myself and/or my children. I acknowledge that I am electronically signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

Signature*