Knockerball Customer Release of Liability

Assumption of Risk and Indemnity and Hold Harmless Agreement

In consideration of being permitted by Knockerball219, hereby referred to as Knockerball to
participate in its activities and to use its equipment and facilities (Knockerball) to the fullest
extent allowed by law, I hereby agree to fully release, defend, indemnify and hold harmless
Knockerball its/their agents, employees, volunteers, owners, managers, members, shareholders,
directors, partners, manufacturers, participants, lessors, franchisors, affiliates, parent companies,
subsidiaries, suppliers, related and affiliated entities, successors and assigns, including but not
limited to KB Games LLC, an Illinois limited liability company, and all other participants in Knockerball
Activities on behalf of myself, my spouse, my minor children,
wards, relatives or other persons under my care, and/or other persons brought with me to participate
in Knockerball Activities (person under my care) and my parents, next of kin, my heirs, assigns,
personal representatives and estate.

To the fullest extent allowed by law, I, on my own behalf and on behalf of the RELEASING
PARTIES release the RELEASED PARTIES from any claim brought against any or all of the
RELEASED PARTIES by me or by any of the RELEASING PARTIES and I agree to defend,
indemnify and hold harmless the RELEASED PARTIES for all costs and expenses, including but not
limited to all legal fees incurred by the RELEASED PARTIES in defending any claim brought against
any or all of the RELEASED PARTIES by me or by any of the RELEASING PARTIES arising out of
my use, or the use of any of the Releasing Parties, of Knockerball equipment or arising out of my
participation or the participation of any of the RELEASING PARTIES in Knockerball Activities and
further agree to pay the full amount of any judgment, award or verdict that might be entered against
any of the RELEASED PARTIES and/or in favor of any or all of the RELEASING PARTIES.

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I understand and acknowledge that participation in Knockerball Activities and/or use of
Knockerball equipment entails known and unknown risks that could result in physical or emotional
injury, paralysis, death, or damage to myself or to other persons or to property. I fully understand that
the risks inherent in engaging in Knockerball Activities cannot be fully eliminated without
compromising the essential qualities of the activity associated with Knockerball Activities.

These risks of engaging in Knockerball Activities include, without limitation, the risk of cuts and
bruises, and far more serious risk of injury, paralysis or death including without limitation the
following: participants sometimes bump into each other or to objects in or near the area of play,
sprain or break wrists and ankles, and can suffer debilitating permanent injuries, including partial or
complete paralysis, head and brain injury and death. Serious injury and death can occur to those
standing and observing Knockerball Activities. Traveling to and from Knockerball Activities locations
raises the possibility of accidents. Multiple Knockerball players playing at the same time can create a
rebound effect and increase the risk of serious injury or death. Flipping and/or running and/or
bouncing off other participants or other objects are dangerous and can cause serious injury or death
and must be done at the participantââ¢s own risk. Spectators who are not participating directly in
Knockerball Activities can cause or contribute to incidents or accidents and serious personal injury or
death. I acknowledge that I, or my minor child, ward, spouse, or other persons under my care could
require substantial medical assistance at significant expense to me or to others responsible for
medical care and treatment of me or my child, ward, spouse, or other persons under my care.

I acknowledge that Employees of Knockerball (employees or Agents or volenteers) cannot
ensure or guarantee my safety or the safety of any participant in Knockerball Activities. Employees or
Agents or Volunteers may be unaware of fitness or ability. Further, some participants
may not heed the safety precautions provided to all participants. Further, equipment may become
loose, out of adjustment, or malfunction and that may not be known or observed by Employees or
Agents or Volunteers prior to the occurrence of an injury or death. There is also the risk that
Employees or Agents or Volunteers may not observe behavior of participant(s) that increases the risk
of injury or death to the participant(s) or to others, including me, my minor child, ward or other
persons under my care. I acknowledge and understand that engaging in Knockerball Activities is
strenuous and may not be appropriate for all participants. This Release, Assumption of Risk and
Indemnity and Hold Harmless agreement, to the fullest extent permitted by law, shall include without

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limitation claims arising out of allegations of negligent, willful and wanton and/or reckless acts or
omissions by Knockerball and/or its Employees or Agents or Volunteers or participants or spectators
including without limitation allegations of inadequate supervision by Employees or Agents or
Volunteers.

After being fully informed of the above, I, on my own behalf and, to the fullest extent allowed by
law, on behalf of all RELEASING PARTIES expressly agree and promise to accept and assume all of
the risks inherent to and existing in engaging in Knockerball Activities including without limitation risks
involving the use of Knockerball equipment and other equipment provided by Knockerball or others;
and I voluntarily elect to participate and/or to allow my minor child, ward or other persons under my
care to participate in all activities and use all equipment offered or provided by Knockerball.

As further consideration of being permitted by Knockerball to participate in Knockerball Activities
and to use Knockerball equipment and facilities, and/or to allow my minor child, ward or other persons
under my care to participate in Knockerball Activities and to use its equipment and facilities, I hereby
grant to Knockerball the irrevocable right and permission to photograph or video tape (or to use any
similar medium) to record me and/or my child, ward or other persons under my care for all purposes,
including advertising and promotional purposes, in any manner and in any and all media now or
hereafter known, in perpetuity, throughout the world without restriction as to alteration. I waive the
right to inspect or approve the use of any such photograph or recording.

To the extent that any portion, clause or aspect of this Release of Liability, Assumption of Risk,
Indemnity and Hold Harmless Agreement is found to be invalid, void or unenforceable, all other
portions, clauses or aspects of this Agreement shall remain in full force and effect.

In the event a lawsuit or counterclaim is filed on my own behalf or on behalf of my minor child,
ward or other persons under my care, I expressly agree that venue shall be proper exclusively and
only in DuPage County, Illinois or in the Federal Court of the Northern District of Illinois, Eastern
Division. I further agree that Illinois law shall apply to any lawsuit or counterclaim brought on my own
behalf or on behalf of my minor child, ward or other persons under my care, without consideration of
choice of law or conflict of law rules. I HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY AND
AGREE THAT ANY ACTION IN THE STATE COURT OR FEDERAL DISTRICT COURT SHALL BE
TRIED BY A JUDGE IN A BENCH TRIAL.

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I have read the above and fully understand the terms of this Release of Liability, Assumption of
Risk and Indemnity and Hold Harmless Agreement and I have either consulted an attorney or elected
not to do so. By signing this document, I acknowledge that if anyone is injured or killed, or if property
is damaged during my participation in any Knockerball Activities or during the participation of my
minor child, ward or other persons under my care, I may be or will be found by a court of law to have
waived all right to maintain suit against Knockerball or any of the RELEASED PARTIES and/or that I
may or will be found to be fully responsible for all attorney fees and all other costs incurred by
Knockerball and/or any of the RELEASED PARTIES and/or that I may or will be found personally
liable for any judgment, award or verdict entered against Knockerball and/or any of the RELEASED
PARTIES.

UNDERSTANDING THAT THERE EXIST KNOWN AND UNKNOWN DANGERS OF SERIOUS
INJURY AND DEATH ASSOCIATED WITH THE ACTIVITIES PROVIDED BY KNOCKERBALL,
SOME OF WHICH ARE REFERENCED ABOVE, I CHOOSE TO PARTICIPATE IN ALL ACTIVITIES
OFFERED OR PROVIDED BY KNOCKERBALL AND/OR TO ALLOW MY MINOR CHILD, WARD
OR OTHER PERSONS UNDER MY CARE TO PARTICIPATE IN ALL KNOCKERBALL ACTIVITIES
OFFERED OR PROVIDED BY KNOCKERBALL AT MY OWN RISK PURSUANT TO THE TERMS
OF THIS RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AND HOLD
HARMLESS AGREEMENT.


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