AGREEMENT OF RELEASE AND WAIVER OF LIABILITY

I,

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hereby agree to the following:

Participant Agreement, Release and Assumption of Risk (The Agreement) – Michigan Storm, Inc. DBA also as Aftershock In consideration for gaining access to 6800 Eastman Ave Suite F608, Midland, MI 48642, (Aftershock) and engaging the services of Michigan Storm, Inc or any other location within the state of Michigan d/b/a Michigan Storm Cheer and Dance, Aftershock, their agents, owners, officers, directors, representatives, assigns, affiliates, volunteers, participants, employees, franchisees, insurers, and all other persons or entities acting in any capacity on their behalf, (herein after collectively referred to as “Storm” ), I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives, estate, and insurers, agree as follows: I acknowledge that my and/or my child(ren)’s participation in Storm trampoline games or activities entails known and unanticipated risks that could result in physical or emotional injury including, but not limited to broken bones, sprained or torn ligaments, paralysis, death, or other bodily injury or property damage to myself my child(ren), or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I expressly agree and promise to accept and assume all of the risks existing in this activity. My and/or my child(ren)’s participation in this activity is purely voluntary and I elect to participate, or allow my children to participate in spite of the risks. If I and/or my child(ren) are injured, I acknowledge that I or my child(ren) may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense. I UNDERSTAND AND AGREE THAT Storm WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME IF I AND/OR MY CHILD(REN) ARE INJURED UNLESS SUCH INJURY WAS CAUSED BY GREATER THAN ORDINARY NEGLIGENCE OF Storm. In consideration of Storm allowing my participation in trampoline games or activities, I for myself and on behalf of my child(ren) and/or legal ward, heirs, administrators, personal representatives, or assigns, do agree to hold harmless, release and discharge Storm of and from all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to Storm’s ordinary negligence: and I, for myself and on behalf of my child(ren) and/or legal ward, heirs, administrators, personal representatives, or any assigns, further agree that except in the event of Storm’s gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against Storm for any economic and non-economic losses due to bodily injury, death, property damage sustained by me and/or my minor child(ren) that are in any way associated with Storm trampoline games or activities. Should Storm or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this Agreement, I for myself and on behalf of my child(ren), and/or legal ward, heirs, administrators, personal representatives or assigns, agree to indemnify and hold them harmless for all such fees and costs. I further acknowledge that I have read and understood and/or explained to my child or children the requirements for my or my child or childrens’ participation in Aftershock’s trampoline games or activities as mandated by MCL 691.1735 and MCL 691.1736. I certify that I and/or my child(ren) are physically able to participate in all activities at the Location without aid or assistance. I further certify that I am willing to assume the risk of any medical or physical condition that either of us may have. I acknowledge that I have read the rules, (the “Aftershock Court Rules”) governing my and/or my child(ren)’s participation in any activities at the Location. I certify that I have explained the Aftershock Rules to the child(ren) listed in this waiver. I understand that the Aftershock Rules have been implemented for the safety of all guests at the Location, including myself and/or my child(ren). I acknowledge that failure to follow the rules could result in the expulsion of myself and/or my child(ren) from the Location. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. If there are any disputes regarding this agreement, I on behalf of myself and/or my child(ren) hereby waive any right I and/or my child(ren) may have to a trial and agree that such dispute shall be brought within one year of the date of this Agreement and will be determined by binding arbitration before one arbitrator to be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and that a judgment of any circuit court may be rendered upon the award made pursuant arbitration under this Agreement. I further agree that the arbitration will take place solely in the state of Michigan and that the substantive law of Michigan shall apply. If, despite the representations made in this agreement, I or anyone on behalf of myself and/or my child(ren) file or otherwise initiate a lawsuit or file an arbitration demand against Storm, in addition to my agreement to defend and indemnify Storm, I agree to pay within 60 days liquidated damages in the amount of $5,000 to Storm. I agree that the amount is not a penalty but is a reasonable estimate of the administrative costs Storm would incur as a result of any such lawsuit. Should I fail to pay this liquidated damages amount within the 60 day time period provided by this Agreement, I further agree to pay interest on the $5,000 amount calculated at 12% per annum. . Such a liquidated damage is not a penalty but a reasonable estimation of the damages and costs incurred by Storm. I further grant Storm the right, without reservation or limitation, to videotape, and/or record me and/or my child(ren) on closed circuit television. I further grant Storm the right, without reservation or limitation, to photograph, videotape, and/or record me and/or my child(ren) and to use my or my child(ren)’s name, face,likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials. I would like to receive free email promotions and discounts to the email address provided below. I may unsubscribe from emails from Aftershock at any time. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Storm on the basis of any claim from which I have released read this entire document. I understand this Agreement and I voluntarily agree to be bound by its terms.

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I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.

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