“The Smurf Experience”
Liability Waiver and Release Form

Acknowledgment of Risks:

I, the undersigned, acknowledge and understand that my participation in The Smurf Experience (the “Activity") involves inherent risks, including but not limited to:

  • Physical activities that may result in injury.
  • Interaction with play structures and other participants.
  • Potential exposure to crowded environments.

I acknowledge that Sportbox Entertainment Group, Inc. and its affiliates have taken reasonable measures to ensure safety but cannot eliminate all risks associated with participation in the Activity. I represent and warrant that my decision to undertake and/or participate in the Activity is voluntary and a choice of my own decision-making. I further represent and warrant that I shall be solely responsible for my actions in undertaking and/or participating in the Activity.

Release and Waiver:

I understand that participation in the Activity is done solely at my own risk. In consideration of being permitted to participate in the Activity, I, on behalf of myself, my heirs, personal representatives, and assigns, hereby:

  1. Freely assume all risks (known and unknown) pertaining to my participation in the Activity, including, without limitation, illness, personal injury, harm, property damage, or death caused by the negligence, fault or conduct of any kind on the part of the Protected Entities.
  2. Release, waive, discharge, and covenant not to sue Sportbox Entertainment Group, Inc., its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, sponsors, and licensors (collectively, "Protected Entities") from any and all liability, claims, demands, actions, or causes of action arising from any loss, damage, or injury, including death, sustained by me or my property while participating in the Activity, whether caused by the negligence or fault of the Protected Entities or otherwise.
  3. Indemnify and hold harmless the Protected Entities from any loss, liability, damage, or costs, claims, or demands (including attorneys' fees), incurred by the Protected Entities or otherwise alleged by any third party (including, but not limited to, any other participant in the Activity) arising from my participation in the Activity, whether caused by the negligence of the Protected Entities or otherwise.
  4. Agree and acknowledge that the Protected Entities (i) shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from my participation in the Activity, and (ii) expressly disclaim all warranties of any kind, express or implied, relating to the hosting and/or operation of the Activity.

Medical Treatment Consent:

I understand and agree that I will be responsible for my care and treatment in the event I sustain an injury during or because of my participation in the Activity. I authorize The Smurf Experience staff to obtain medical treatment on my behalf in the event of an emergency. Notwithstanding the foregoing, I understand that I am solely responsible for all medical expenses incurred by me or any Protected Entity relating to any care and treatment provided in response to any injury sustained by me, or any third party, as a result of my participation in the Activity.

Media Release:

I understand that, during the course of or in connection with my participation in the Activity, photographs, audio, video, and other recordings may be taken of me. I grant Sportbox Entertainment Group, Inc. and its parent company and their designees and licensees the right, in any and all manner and media throughout the world and in perpetuity, to disseminate, reproduce, record, exhibit, print, publish, sublicense, or use photographs, videos, or audio recordings of me (which may include my name, likeness, voice and/or biographical material) taken during the Activity for promotional purposes, without compensation or prior approval. For the avoidance of doubt, I understand that: (i) Sportbox Entertainment Group, Inc. shall own all rights, title, and interest in and to the photographs, videos, or audio recordings that may include my name, likeness, voice and/or biographical material, and that I hereby waive any and all moral rights (or similar rights) relating thereto, (ii) Sportbox Entertainment Group, Inc. may share the photographs, videos, or audio recordings with third parties, including, but not limited to, its parent company and their designees and licensees, and (iii) Sportbox Entertainment Group, Inc. and its parent company and their designees and licensees may publicly release and/or commercially exploit the photographs, videos, or audio recordings, and that I hereby waive any and all right to preclude, prohibit, enjoin, or seek any other relief preventing Sportbox Entertainment Group, Inc. and its parent company and their designees and licensees from publicly releasing such photographs, videos, or audio recordings.

Severability:

If any provision of this waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The waiver or delay by the Protected Entities to enforce any term or provision of this waiver shall not operate or be construed as a waiver of any subsequent enforcement of the same or any other provision contained herein.

Governing Law:

I hereby agree that the laws of the State of Florida, without regard to the conflict of laws principles thereof, will apply to any and all disputes or claims relating in any way to the Activity or this waiver. I agree that jurisdiction for such disputes and claims relating to the Activity or this waiver shall lie exclusively in the courts of Miami-Dade County, Florida, and I agree and expressly consent to the exercise of personal jurisdiction in such courts.

Acknowledgment of Understanding:

I have carefully read and fully understand this waiver, assumption of risk, and indemnity agreement. I voluntarily agree to these terms, knowing that I am giving up substantial legal rights. I understand that this waiver includes any claims, whether caused by negligence and/or the action or inaction of any of the Protected Entities involved in the Activity.

By checking the box or otherwise indicating my agreement, I understand, agree, warrant, and covenant that I am doing so on behalf of myself, all individuals for whom I have purchased tickets (collectively, the “ticket holders”), and any accompanying children under the age of 1 year. I acknowledge that my execution of this waiver and release constitutes my intent to completely and unconditionally release the Protected Entities from any and all liability relating to participation in the Activity by me, the ticket holders, and any children under 1 year old, to the greatest extent allowed by law.