EVENT PARTICIPATION AGREEMENT & LIABILITY WAIVER

This Event Participation Agreement and Liability Waiver (the "Agreement") is entered into between Spot Daycare LLC, a limited liability company organized under the laws of the State of New York, with its principal place of business at 325 Third Avenue, Manhattan, NY 10010 (hereinafter referred to as "Spot Daycare," "we," "us," or "our") and the undersigned participant (hereinafter referred to as "Participant," "you," or "your"

IMPORTANT NOTICE: THIS IS NOT A DAYCARE SERVICE WAIVER

This Agreement applies exclusively to voluntary participation in community events hosted by Spot Daycare LLC, including but not limited to breed-specific meetups and adoption events (collectively referred to as "Community Events" During these Community Events, Spot Daycare LLC is NOT assuming care, custody, or control of any dogs present. All dogs remain under the direct supervision, care, and control of their owners or handlers at all times.

2. EVENT DESCRIPTION AND PARTICIPANT ACKNOWLEDGMENTS

2.1 Community Event Nature. Spot Daycare LLC hosts various Community Events, including breed meetups and adoption events, at its facility located at 325 Third Avenue, Manhattan, NY 10010. These events are designed to foster community engagement, promote responsible pet ownership, and provide educational and social opportunities for dog owners. 2.2 Facility Hosting Role. During Community Events, Spot Daycare LLC staff serve solely as facility hosts and brand ambassadors. They are not responsible for handling, supervising, or controlling any dogs present at the event. Staff may provide general guidance regarding facility use but are not acting as dog handlers or caretakers. 2.3 Voluntary Participation. By signing this Agreement, you acknowledge that your participation in any Community Event is entirely voluntary and that you are free to choose whether to participate in such events. 2.4 Distinction from Daycare Services. You expressly acknowledge and understand that Community Events are distinct from Spot Daycare LLC's regular daycare services. During Community Events, Spot Daycare LLC does not assume any duty of care, custody, or control over your dog(s) or any other dogs present at the event.

3.1 Inherent Risks. You understand and acknowledge that dogs are unpredictable animals whose actions cannot be guaranteed or controlled with certainty. You further understand that participating in events where multiple dogs interact carries inherent risks that cannot be eliminated regardless of the care taken to avoid injuries or incidents.

3.2 Specific Risks Acknowledged. These risks include, but are not limited to:

a) Dog bites scratches or other injuries caused by dogs

b) Trips falls or collisions with dogs people or objects

c) Property damage caused by dogs

d) Transmission of disease between dogs

e) Allergic reactions to dogs or environmental factors within the facility

g)Injuries sustained while attempting to control, separate, or restrain dogs; and h) Any other injuries or damages arising from the presence of dogs in a social setting. 3.3 Voluntary Assumption of Risk. With full knowledge and understanding of these risks, you voluntarily agree to assume all risks of injury, illness, death, or property damage to yourself, your dog(s), your minor children, or any other person or animal accompanying you, whether these risks are known or unknown, foreseeable or unforeseeable, that may result from participation in any Community Event.

4. RELEASE OF LIABILITY AND HOLD HARMLESS

4.1 Comprehensive Release. In consideration for being permitted to participate in Community Events, you, on behalf of yourself, your heirs, assigns, personal representatives, and next of kin, hereby release, waive, discharge, and covenant not to sue Spot Daycare LLC, its members, managers, officers, employees, volunteers, agents, representatives, affiliates, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's fees, losses or liabilities of any kind or nature whatsoever, whether in law or equity, arising out of or related to your participation in any Community Event. 4.2 Scope of Release. This release expressly includes claims based on the negligence, action, or inaction of any of the Released Parties. You understand that by signing this Agreement, you are releasing claims and giving up substantial rights, including your right to sue. 4.3 Limitation on Release. Nothing in this Agreement shall be construed to release the Released Parties from liability arising from their intentional misconduct or gross negligence. 4.4 Continuing Obligation. This release shall be effective and binding upon you and your heirs, next of kin, family, relatives, guardians, conservators, executors, administrators, trustees, and assigns in perpetuity.

5.1 Indemnification Obligation. You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, causes of action, demands, rights, damages, costs, expenses, attorney's fees, property damage, personal injuries, and all other losses or liabilities of any kind or nature whatsoever, known or unknown, foreseen or unforeseen (collectively, "Claims") that may arise from or are related to:

a) Your participation in any Community Event

b) Your dogs action or behavior during any Community Event

c)Your breach of any representation, warranty, covenant, or obligation under this Agreement;

d) Any injury, damage, or loss caused to third parties by you or your dog. 5.2 Scope of Indemnification. This indemnification obligation specifically includes, without limitation: a)All Claims brought by third parties who may be injured or whose property or dogs may be damaged as a result of your or your dog's actions; b) All Claims brought by other participants in the Community Event; c)All attorney's fees, court costs, expert witness fees, and other litigation expenses incurred by the Released Parties in defending against any such Claims; and d) Any amounts paid in settlement of any such Claims. 5.3 Specific Scenario. By way of example and not limitation, if your dog bites or otherwise injures another participant or their dog during a Community Event, and that participant brings a claim against Spot Daycare LLC, you agree to defend Spot Daycare LLC against such claim and to pay all damages, costs, and attorney's fees associated with such claim. 5.4 Cooperation. You agree to cooperate fully with the Released Parties in the defense of any Claim covered by this indemnification provision, including by providing information, documents, and testimony as may be necessary or helpful in defending against such Claim.

6. OWNER RESPONSIBILITY ATTESTATIONS

6.1 Legal Ownership. You represent and warrant that you are the legal owner of any dog you bring to a Community Event, or that you have express permission from the legal owner to bring the dog to the event and to bind the legal owner to the terms of this Agreement. 6.2 Supervision and Control. You agree to maintain 100% supervision and control of your dog at all times during any Community Event. This includes keeping your dog within your sight and under your direct control at all times, whether on or off leash as permitted by the specific event rules.

6.3 Behavioral Responsibility. You acknowledge and agree that you are solely responsible for your dog's behavior during any Community Event. This includes any damage, injury, or harm caused by your dog to people, other dogs, property, or the facility itself. 6.4 Cleanup Responsibility. You agree to promptly clean up after your dog, including any waste, vomit, or other messes created by your dog. You further agree to immediately report any spills or messes that you cannot adequately clean yourself to Spot Daycare LLC staff. 6.5 Compliance with Rules. You agree to comply with all rules, instructions, and guidelines provided by Spot Daycare LLC staff regarding the Community Event, including but not limited to rules about dog handling, restricted areas, and appropriate behavior.

7. HEALTH AND VACCINATION ATTESTATIONS

7.1 Health Representation. You represent and warrant that any dog you bring to a Community Event is in good health and free from any contagious or communicable disease, infection, or other condition that could potentially harm or adversely affect other dogs or people. 7.2 Vaccination Attestation. You represent and warrant that any dog you bring to a Community Event is current on all vaccinations required by New York law, including but not limited to rabies vaccination as required under New York Public Health Law § 2141 and New York Agriculture and Markets Law Article 7. 7.3 Disclosure Obligation. You agree to disclose to Spot Daycare LLC, prior to entering the facility, any known aggressive tendencies, health concerns, or behavioral issues that your dog has or has exhibited in the past. 7.4 Flea and Parasite Control. You represent that your dog is on a regular flea prevention program and is free from fleas, ticks, and other parasites. 7.5 Females in Heat. You agree not to bring any female dog in heat to any Community Event.

8.1 Grant of Rights. You hereby grant to Spot Daycare LLC and its affiliates, representatives, agents, and contractors the absolute and irrevocable right and permission to photograph, film, videotape, record, or otherwise capture your and your dog's image, likeness, voice, or appearance while participating in any Community Event (collectively, the "Content" 8.2 Scope of Use. You further grant to Spot Daycare LLC the right to reproduce, distribute, display, create derivative works from, and otherwise use the Content, in whole or in part, for any purpose whatsoever, including but not limited to advertising, marketing, promotion, social media posts, website content, print materials, and any other commercial or non-commercial purposes, in any and all media now known or hereafter developed, in perpetuity throughout the universe, without further notification, permission, or compensation to you. 8.3 No Compensation. You acknowledge and agree that you will not receive any compensation for Spot Daycare LLC's use of the Content as described herein, and you waive any right to royalties or other compensation arising from or related to such use.

8.4 No Approval Right. You waive any right to inspect or approve the Content or any finished materials that incorporate the Content. 8.5 Release of Claims. You hereby release, discharge, and agree to hold harmless Spot Daycare LLC and its affiliates, representatives, agents, and contractors from any liability arising from the use of the Content as described herein, including any claims for defamation, invasion of privacy, right of publicity, or copyright infringement.

9. FACILITY RIGHTS AND REMOVAL AUTHORITY

9.1 Right to Remove. Spot Daycare LLC, through its General Manager or Assistant General Manager, reserves the absolute right to remove any person or dog from a Community Event at any time and for any reason, in their sole and absolute discretion. 9.2 Grounds for Removal. Grounds for removal may include, but are not limited to: a)Aggressive behavior by a dog toward people or other dogs; b)Failure to adequately supervise your dog; c)Violation of any rules or guidelines established for the Community Event; d) Disruptive, inappropriate, or unsafe behavior by you or your dog; e)Signs of illness or distress in your dog; f)Failure to comply with instructions from Spot Daycare LLC staff; or g) Any other reason that, in the judgment of Spot Daycare LLC staff, threatens the safety, comfort, or enjoyment of other participants or their dogs. 9.3 No Refund. In the event you or your dog are removed from a Community Event pursuant to this section, you shall not be entitled to any refund or compensation, even if the Community Event has not concluded. 9.4 Compliance with Removal Request. You agree to promptly and peacefully comply with any request to leave the premises. Failure to do so may result in additional legal action and/or being permanently banned from future Community Events.

10. MINORS AND PARENTAL RESPONSIBILITY

10.1 Parental Consent Required. If you are bringing a minor child (under 18 years of age) to a Community Event, you represent and warrant that you are the parent or legal guardian of such minor, or that you have obtained written permission from the minor's parent or legal guardian for the minor to attend the Community Event. 10.2 Assumption of Risk on Behalf of Minor. As the parent or legal guardian of any minor attending a Community Event, you hereby assume all risks of injury, illness, death, or property damage to such minor that may result from participation in the Community Event, whether these risks are known or unknown, foreseeable or unforeseeable.

10.3 Release on Behalf of Minor. You, on behalf of the minor and the minor's heirs, assigns, personal representatives, and next of kin, hereby release, waive, discharge, and covenant not to sue the Released Parties from any and all claims arising out of or related to the minor's participation in any Community Event, including claims based on the negligence of any of the Released Parties. 10.4 Supervision Responsibility. You agree to maintain direct supervision and control over any minor in your care at all times during any Community Event. You acknowledge that Spot Daycare LLC staff are not responsible for supervising or monitoring minors during Community Events. 10.5 Acknowledgment of New York Law. You acknowledge that under New York law, releases and waivers signed on behalf of minors may not be enforceable to the same extent as those signed by adults on their own behalf. Notwithstanding this limitation, you agree that this Agreement shall be binding to the fullest extent permitted by law.

11.1 Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement. 11.2 Reformation. In the event any provision is deemed unenforceable, the parties agree that the court or tribunal shall endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. 11.3 Jurisdictional Variation. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

12. CHOICE OF LAW AND JURISDICTION

12.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law provisions. 12.2 Jurisdiction and Venue. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the courts of New York County, New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action, suit, or proceeding. 12.3 Waiver of Jury Trial. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND

INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT.

13. COMMUNITY EVENT DISTINCTION

13.1 Not a Place of Public Amusement or Recreation. You acknowledge and agree that Spot Daycare LLC, when hosting Community Events, is not operating as a "place of public amusement or recreation" as that term is used in New York General Obligations Law § 5-326. 13.2 Educational and Community Purpose. You acknowledge that Community Events are primarily educational and community-building in nature, designed to promote responsible pet ownership, breed awareness, adoption opportunities, and social connections among dog owners. 13.3 No Fee Structure. You acknowledge that Spot Daycare LLC does not charge fees for participation in Community Events, further distinguishing these events from commercial recreational activities.

14. ELECTRONIC SIGNATURE AND FINAL ACKNOWLEDGMENTS

14.1 Electronic Signature. By electronically signing this Agreement, you acknowledge and agree that your electronic signature is the legal equivalent of your manual signature on this Agreement. You consent to be legally bound by this Agreement's terms and conditions. 14.2 Opportunity to Review. You acknowledge that you have had sufficient opportunity to read this entire Agreement, that you understand its terms, that you have been given the opportunity to ask any questions you may have about the Agreement, and that you understand that by signing it, you are giving up substantial legal rights. 14.3 Voluntary Execution. You acknowledge that you are signing this Agreement freely and voluntarily, without any inducement, assurance, or guarantee, and intend for your signature to serve as confirmation of your complete and unconditional acceptance of the terms, conditions, and provisions of this Agreement. 14.4 Entire Agreement. This Agreement constitutes the entire agreement between you and Spot Daycare LLC with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the same subject matter. 14.5 No Oral Modifications. This Agreement may only be modified in a written document signed by you and an authorized representative of Spot Daycare LLC.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND I AGREE TO BE BOUND BY ITS TERMS.