Participant Voluntary Liability Waiver and Release Agreement

PLEASE READ CAREFULLY – This is a legally binding agreement that impacts your rights. By signing, you acknowledge that you have read and understood this document and you agree to the terms herein.

This Voluntary Waiver and Release Agreement (“Agreement”) is executed by the undersigned in connection with the participation in the Activities (as defined herein) by the Participant identified above. If the Participant is over the age of 18 years, then the undersigned hereby executes this Agreement on their own behalf. If the Participant is under the age of 18 years, then the undersigned hereby executes this Agreement on behalf of the Participant in the undersigned’s capacity as the Participant’s parent or legal guardian.

1. Definitions. As used in this Agreement, the singular includes the plural, and vice versa, the disjunctive includes the conjunctive, and vice versa, and the following terms, when capitalized, have the following meanings:

   1. “Activities” means all events, programs, services, or recreational activities organized, facilitated, or provided by Little Dreamers Playhouse LLC, including but not limited to social gatherings, parties, games, entertainment, workshops, and any other related activities that take place at or are associated with Little Dreamers Playhouse LLC or its affiliates, whether occurring on or off the premises. Activities also include the use of any equipment, facilities, or amenities provided by Little Dreamers Playhouse LLC.

   2. “Claims” means all present and future claims, causes of action, grievances, demands, liabilities, liens, losses, damages, costs, expenses (including attorney’s fees), and any other legal or equitable rights of any kind or nature, including but not limited to claims for personal injury, property damage, out-of-pocket economic losses, medical expenses, lost wages, loss of earning capacity, pain and suffering, mental anguish, disfigurement, physical impairment, and any other damages, including exemplary or punitive damages, or losses that may be released or waived to the maximum extent permitted by law. The term encompasses all potential legal or equitable claims that may arise in the future, regardless of whether such claims are currently known or unknown.

   3. “Participant” means the individual identified at the top of the front page of this Agreement under “Participant Information.”

   4. “Released Parties” means Little Dreamers Playhouse LLC, its employees, contractors, agents, officers, affiliates, and any third parties associated with the Activities or the venue where the Activities take place.

2. Assumption of Risk. The undersigned understands and accepts that participating in the Activities may involve certain inherent risks, including but not limited to bodily injury, death, property damage, or theft. The undersigned acknowledges that such risks may arise from various causes, including, but not limited to, negligence or gross negligence on the part of the Released Parties; premises defects; intentional misconduct or fraud; criminal acts such as theft, burglary, and assault; and natural elements such as fire, water, wind, rain, and other environmental conditions. The undersigned voluntarily assumes all such risks. The undersigned acknowledges and agrees that the Released Parties make no representations or warranties, express or implied, regarding the safety, condition, or suitability of the premises, equipment, or any aspect of the Activities. The Released Parties do not guarantee that the Activities will be free from hazards, defects, or risks. Participation in the Activities is at the undersigned’s own risk, and the undersigned assumes full responsibility for any injuries or damages that may result from participation, acknowledging that no warranties for safety have been made by the Released Parties.

3. Acknowledgment of Safety Rules. The undersigned acknowledges that they have received, read, and understood all safety rules, instructions, and guidelines provided by the Released Parties in connection with the Activities. The undersigned agrees to follow all such safety rules and instructions at all times while participating in the Activities and understands that failure to adhere to these safety rules may increase the risk of injury or harm. The undersigned further acknowledges that the Released Parties have made reasonable efforts to ensure a safe environment, but participation in the Activities is at the undersigned’s own risk.

4. Waiver of Liability. By signing this Agreement, the undersigned, on behalf of themselves and any minors under their care or control, hereby releases and discharges the Released Parties from any and all Claims arising out of or in connection with the Activities. This waiver extends to pre-injury Claims and includes Claims for derivative losses. The undersigned acknowledges that they are waiving significant legal rights by signing this Agreement. The undersigned acknowledges that they have had the opportunity to consult with an attorney before signing this Agreement and that by signing this Agreement, they knowingly and voluntarily waive the right to pursue legal action for any Claims arising out of or in connection with the Activities. The undersigned further understands that they are responsible for any damage or injury caused by themselves or minors under their care during or in connection with the Activities.

5. Release. The undersigned acknowledges that their acceptance of the provisions contained in this Agreement is required by the Released Parties as a prerequisite to being allowed to participate in the Activities. The undersigned acknowledges that the Released Parties would not allow Participant to participate in the Activities in the absence of such acceptance. In exchange for participation in the Activities, the undersigned knowingly, voluntarily, and with full understanding, permanently releases, acquits, and forever discharges the Released Parties from any and all Claims arising from or in any way connected to the Activities.

6. Disclaimer of Reliance. The undersigned acknowledges that in entering into this Agreement and participating in the Activities, the undersigned has not relied on, and is not relying on, any statements, representations, warranties, or other assurances, whether oral or written, made by or on behalf of the Released Parties. The undersigned expressly disclaims any reliance on any such prior representations or agreements in connection with the undersigned’s decision to enter into this Agreement or participate, or allow any minors under their care to participate, in the Activities, and acknowledges that any reliance on representations not included in this Agreement is unreasonable.

7. Scope of Waivers, Releases, and Disclaimers. The waivers, releases, and disclaimers contained in this Agreement encompass all Activities, whether the Activities are conducted by the Released Parties or third-party contractors or vendors. This Agreement covers the negligence of the Released Parties, and applies to all Claims, whether arising from participation, spectating, or merely being present at the venue where the Activities occur. The undersigned understands and agrees that the waivers, releases, and disclaimers contained in this Agreement extend to all employees, agents, officers, contractors, and affiliates of the Released Parties, as well as any other third parties associated with the Activities or the venue where the Activities take place. The undersigned agrees that the waivers, releases, and disclaimers in this Agreement apply not only to the Participant but also to any Claims that may be brought by family members, heirs, assigns, or bystanders who may suffer injury, loss, or damages as a result of or in connection with the Activities. This includes but is not limited to Claims for loss of consortium, wrongful death, emotional distress, or any other derivative claims that may arise due to injury or harm to the undersigned or Participant during or in connection with the Activities.

8. No Effect on Statutory Rights. The undersigned acknowledges that this Agreement does not waive or limit any rights or protections that cannot be waived under applicable federal, state, or local laws, including but not limited to statutory rights provided under consumer protection laws or other regulations that may offer non-waivable protections. To the extent any provision of this Agreement conflicts with such statutory rights, the applicable law will govern, and this Agreement will be interpreted accordingly without affecting the enforceability of the remaining provisions.

9. Changes in Circumstances. The undersigned acknowledges and agrees that participation in the Activities is subject to change, including but not limited to cancellation, rescheduling, or modification of the nature, duration, or location of the Activities, due to unforeseen events or circumstances beyond the control of the Released Parties. The undersigned agrees that any such changes do not affect the enforceability of this Agreement, and the waivers, releases, and indemnifications contained herein shall remain in full force and effect regardless of any changes to the Activities. The Released Parties shall not be liable for any losses, costs, or damages arising from such changes.

10. Duration. The undersigned agrees that this Agreement and the waivers, releases, disclaimers, and indemnifications contained herein shall remain in full force and effect for the duration of the Participant’s involvement in the Activities, including any future participation in Activities organized or facilitated by the Released Parties, unless expressly revoked in writing by the undersigned. This waiver applies to all future Activities unless a new waiver agreement is required by the Released Parties or superseded by written agreement.

11. Express Negligence. The undersigned expressly acknowledges and agrees that the waivers and releases contained in this Agreement include a waiver and release of any and all Claims arising from or related to the ordinary negligence of the Released Parties. This express waiver applies to any injuries, damages, or losses, whether caused by the negligence of the Released Parties or otherwise, arising out of or in connection with the Participant’s participation in the Activities. The undersigned understands that this provision is intended to clearly and unequivocally release the Released Parties from liability for their own negligence to the fullest extent permitted by Texas law.

12. Emergency Medical Treatment. In the event of an emergency, the undersigned authorizes the Released Parties to obtain appropriate medical care for the undersigned and/or minors in their care, and agrees to be financially responsible for any medical expenses incurred, whether or not covered by insurance. Notwithstanding the foregoing, nothing in this Agreement shall be construed to give rise to an obligation on the part of the Released Parties to obtain medical treatment for Participant.

13. Medical Expenses. The undersigned acknowledges and agrees that the Released Parties shall not be responsible for any medical expenses or costs incurred by the undersigned or any minors under their care in connection with injuries sustained during the Activities. The undersigned further agrees that any medical expenses, whether covered by insurance or not, are the sole responsibility of the undersigned. The waiver and release in this Agreement extend to all Claims related to medical expenses arising from participation in the Activities.

14. Use of Likeness. The undersigned hereby grants the Released Parties the irrevocable right and permission to use, in perpetuity and without compensation, any photographs, videos, or other images or recordings taken of the undersigned and/or any minors under their care during participation in the Activities, for any legitimate business or promotional purposes, including but not limited to marketing, advertising, and social media, in any media format now known or later developed. The undersigned waives any right to inspect or approve the final use of such media and releases the Released Parties from any liability associated with the use of such images or recordings.

15. Promise to Defend, Indemnify, and Hold Harmless. The undersigned agrees to defend, indemnify, and hold the Released Parties harmless from any and all Claims that are asserted by or through the undersigned or the Participant which arise from or are in any way connected to the Activities. The undersigned acknowledges and agrees that the obligations to hold harmless, indemnify, and defend set forth in this section are an essential part of the consideration provided by the undersigned under this Agreement. The undersigned agrees that, if any of the Released Parties is confronted with any Claim brought by or through the undersigned or the Participant in any way arising from or related to the Activities, the Released Party confronted with the Claim shall be entitled to recover from the undersigned all resulting attorney’s fees, costs, expenses, damages, liabilities, amounts paid in satisfaction or compromise of any liens, judgments, fines, or penalties, and all other consequences, regardless of the merit, validity, or ultimate disposition of such Claim. The Released Party confronted with the Claim shall have the sole and exclusive right to direct and control the defense, investigation, and settlement of the Claim, and the undersigned is obligated to pay for such defense, investigation, and settlement.

16. Pre-Suit Mediation. Before the undersigned, or any person or entity claiming by, through, or under Participant, initiates any legal action arising out of or related to the Activities or this Agreement against any of the Released Parties, the undersigned agrees that the matter shall be submitted to mediation. The undersigned, or any person or entity claiming by, through, or under the Participant, may initiate mediation by providing written notice—via FedEx or certified mail, return receipt requested delivered to Little Dreamers Playhouse LLC’s registered agent—and the mediation shall be conducted by a mediator agreed to by party giving notice and Little Dreamers Playhouse LLC. In the event the parties do not agree on a mediator within ten (10) calendar days of the notice, mediation shall be conducted by a mediator assigned by the Dispute Resolution Center sponsored by the Houston Bar Association. Costs of mediation shall be borne by the party who wishes to initiate legal action. The mediation shall take place within thirty (30) days of the mediator’s selection, unless otherwise agreed by the parties in writing. In the event the undersigned, or any person or entity claiming by, through, or under Participant, initiates any legal action without first seeking mediation, or while mediation is pending, the Released Parties shall have the right to request that the court abate the action until the mediation has been completed. Any legal action filed before mediation shall be stayed or abated until the mediation process is concluded or deemed unsuccessful by the mediator

17. Choice of Law and Venue Selection. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The undersigned agrees that any litigation in any way relating to or touching on the Activities or this Agreement will be brought in a district court of Montgomery County, Texas. The undersigned agrees that, if any litigation is brought in any venue other than a district court of Montgomery County, Texas, then any of the Released Parties joined in the litigation will have the right and entitlement to transfer venue to a district court of Montgomery County, Texas, and to recover from the party bringing the litigation all costs and expenses incurred as a result of the litigation being brought in any venue other than a district court of Montgomery County, Texas. The undersigned agrees that all rights and obligations arising from this Agreement shall occur and be performable in Montgomery County, Texas.

18. Severability. Should any provision of this Agreement be found invalid or unenforceable, such provision shall be modified to reflect the parties’ intent, and all remaining provisions shall continue in full force and effect.

19. No Third-Party Beneficiaries. This Agreement does not confer any rights or benefits on any third party. No person or entity who is not a party to this Agreement shall have any rights, claims, or causes of action under this Agreement. This Agreement shall inure to the benefit of the Released Parties only.

20. Transferability. The undersigned acknowledges and agrees that the Released Parties reserve the right to transfer, assign, or subcontract any portion of the Activities to third-party providers, contractors, or vendors at their discretion. The undersigned further agrees that this Agreement, including all waivers, releases, and indemnifications, extends to such third parties, and the undersigned waives any claim arising out of or related to the transfer or assignment of the Activities to another party. The undersigned understands that their participation in the Activities remains subject to the terms of this Agreement, regardless of any such transfer or assignment.

21. Entire Agreement. This Agreement constitutes the entire agreement between the undersigned and the Released Parties regarding the Activities and supersedes all prior or contemporaneous agreements, understandings, and representations, whether oral or written.

22. Titles and Headings Immaterial. The titles and headings in this Agreement are for convenience and reference purposes only and shall not affect the meaning, interpretation, or substantive provisions of this Agreement. The titles and headings do not modify or limit the terms or provisions of this Agreement and are not to be considered in construing the Agreement.

23. Agreement Read and Understood. The undersigned represents that, prior to the signing this Agreement, the undersigned read this Agreement in its entirety or had the same read and explained to the undersigned, and the undersigned fully understood the terms of this Agreement. The undersigned agrees that, even if the undersigned did not fully understand the Agreement before signing the Agreement, the undersigned will be deemed to have fully understood the same and any lack of understanding will have no effect on the validity or enforceability of the Agreement.

The undersigned hereby certifies that all information provided on ALL forms is true, accurate and complete in all respects.

Electronic consent

Yes, I agree with the above agreement and choose to submit my electronic signature. I certify all the information provided is accurate. I understand that the submission of this form is the legal equivalent of my manual signature. I consent to be legally bound by this waiver's terms as listed above.