KENZIE’S KIDS – CONSENT, INDEMNITY AND LIABILITY RELEASE

I request MKC Enterprise, LLC (DBA ”Kenzie’s Kids”) and its affiliates (collectivity “Kenzie’s Kids”) to provide me access to their premises, for the purpose of participating in, or having my child participate in, various fitness and movement-related activities. In consideration for this privilege and other good and valuable consideration, I, the undersigned, for myself and/or my child, and our heirs, assigns and personal representatives, do hereby agree to the following:

• I understand that my presence and my child’s presence on the premises used or rented by Kenzie’s Kids, including, but not limited to, the YMCA, and/or our participation in any events can expose us to dangers both from known risks and unanticipated risks. Acknowledging that such risks exist, I assume these risks including the risk of negligent conduct. I recognize that negligent conduct can cause property damage and personal injury including serious injury or death. I also recognize that any injuries and/or damages may be caused, increased or compounded by negligent rescue operations or procedures.

• I hereby waive, release, discharge, and covenant not to sue Kenzie’s Kids or its agents, employees, officers, members, directors, sponsors, agencies, subsidiaries, affiliates, heirs, executors, or beneficiaries (the “Released Parties”), from and against any and all claims, cause of action, liability, injuries, demands, losses, damages, or expenses of any kind arising out of (a) any condition on the premises used or rented by Kenzie’s Kids or (b) our participation in, the conduct of any person in connection with the preparation for, the supervision of, or conduct of, any activity related in any manner to Kenzie’s Kids. I am specifically releasing the Released Parties, individually and collectively, for their negligence in any form. I AGREE AND UNDERSTAND THAT IF INJURED OR PROPERTY IS DAMAGED NEITHER I NOR MY CHILD HAVE ANY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST THE RELEASED PARTIES EVEN IF THEY CAUSED OUR INJURY OR DAMAGES BY THEIR NEGLIGENCE.

• I agree to abide by the rules, regulations and policies of Kenzie’s Kids at all times while I am on the premises used or rented by Kenzie’s Kids. I also agree to use the facilities, tools, and materials in a safe way.

• I represent that neither my child nor I suffer from any medical or other condition that could affect our ability to participate in events on the premises used or rented by Kenzie’s Kids, including but not limited to heart conditions or epilepsy/seizures. I further represent that neither my child nor I are taking medication that could affect our ability to participate in events on the premises used or rented by Kenzie’s Kids. If either my child or I develop a medical or other condition or begin taking medications that could prevent us from safely participating in events put on or sponsored by Kenzie’s Kids after executing this Consent, then we will immediately stop participating in such events until such condition no longer exists and/or no longer affects our ability to safely participate in events put on or sponsored by Kenzie’s Kids.

• I agree to indemnify and hold harmless the Released Parties from all lawsuits, claims, damages, costs, and attorneys’ fees which arise out of our presence on the premises used or rented by Kenzie’s Kids or out of any violations of this Consent by me, my child, my agent or my representative. This provision will apply regardless of whether or not the lawsuit, claim, damages, costs and/or attorneys’ fees arise out of negligence of any of the Released Parties.

• I agree that Kenzie’s Kids and its successors and assigns shall have the right to exploit any and all photographs, video reproductions, audio reproductions, films, motion pictures, and other reproductions or depictions of the activities sponsored or put on by Kenzie’s Kids, the premises, and any portion thereof, including without limitation descriptions, pictures, likenesses, images, name and sound of me (or my child) alone or with other persons, through any and all media whether now known or hereafter discovered, and all rights to copyright, reproduce, distribute, display, perform, sell, license, or otherwise dispose of same for any purpose whatsoever. I also grant to Kenzie’s Kids a non- exclusive, perpetual license to use my rights and/or my child’s rights of publicity (or similar), and full permission to any and all uses of our likenesses, including photographs and videotape for publicity and advertising purposes without compensation.

• For a Parent or Legal Guardian of a Minor Participant(s): I represent to Kenzie’s Kids that: (a) I am a parent or legal guardian of each minor(s) named as a participant below (“Minor”); (b) I have not lost or surrendered any parental rights through adoption, court order or otherwise; and (c) I have read this Consent, assent to the execution of this Consent, agree to the application of all terms, conditions, covenants and other provisions in this Consent to the Minor’s participation in events on the premises used or rented by, or in connection with activities sponsored or put on by, Kenzie’s Kids. I hereby grant permission to Minor to participate in events on the premises used or rented by Kenzie’s Kids.

I accept total responsibility for myself and/or my child.

*Applicant must be 18 years of age or older, or a parent / guardian*