WAIVER

1. I represent that I am the parent or legal guardian of the birthday child named and I have obtained permission from the parent(s)/legal guardian of the participants who will be attending the birthday party and can execute this agreement on their behalf.

2. I acknowledge and understand that there are known and unknown risks associated with participation in a party involving LEGO bricks, battery packs, motors including but not limited to building with small LEGO bricks, chemicals, racing LEGO builds which include but are not limited to: contusions, fractures, scrapes, cuts bumps, paralysis or death.

3. I, for myself and the participant(s) willingly assume the risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS which I also willingly assume.

4. I agree that the participants and I shall comply with all stated and customary terms, rules, and verbal instructions as conditions for participation in any BrainVyne Birthday Party.

5. I, for myself, the participants, our heirs, assigns, representatives and next of kin agree to hold harmless, release, waive and indemnify the independent owner of this BrainVyne LLC, their predecessors, parent, subsidiaries and affiliates, officers and employees from any and all injuries, liabilities or damages from participation, except for those arising from the gross negligence or willful misconduct of BrainVyne.

6. I additionally agree to indemnify the owner of BrainVyne, their predecessors, parent, subsidiaries and affiliates, officers, and employees for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation, except for those arising from the gross negligence or willful misconduct of BrainVyne.

7. All my guests are of physical ability to participate and are legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.

8. The invalidity or unenforceable of any provision of this agreement shall not affect the validity or enforce-ability of any other provision of this Agreement, which shall remain in full force and effect.

9. Any controversy, dispute, or claim arising out of or related to this agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration in Palo Alto, CA before a single arbitrator in accordance with the rules of the American Arbitration Association then in effect.