EMBO NEST Participant Waiver

PARTICIPANT AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, INDEMNIFICATION, AND PARENT/GUARDIAN CONSENT

IMPORTANT — PLEASE READ CAREFULLY

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT COMPLETELY BEFORE SIGNING.

In consideration for being permitted to enter, observe, use, or participate in the facilities, play structures, attractions, games, activities, events, parties, and other experiences offered or operated by Embo Nest, I voluntarily agree to the terms of this Agreement.

For purposes of this Agreement, “Embo Nest” means the legal business entity operating the Embo Nest facility, together with its owners, officers, directors, members, employees, agents, volunteers, contractors, and representatives, as applicable (collectively, the “Released Parties”).

“Facilities” means the premises operated or used by Embo Nest.

“Equipment” means the play structures, slides, climbing structures, ball pits, foam blocks, interactive game equipment, multi-ball equipment, toys, games, karaoke equipment, furniture, fixtures, arcade or party equipment, and any other digital, interactive, electronic, or physical apparatus provided or used by Embo Nest.

PARTICIPANT AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, INDEMNIFICATION, AND PARENT/GUARDIAN CONSENT

1. ASSUMPTION AND ACKNOWLEDGMENT OF RISK

I understand and acknowledge that participation in activities at Embo Nest involves risks of injury, property damage, and, in extreme circumstances, death.

These risks may include, but are not limited to:

1. Slips, trips, and falls, including falls on or from play structures, slides, climbing areas, platforms, stairs, or other surfaces.

2. Injuries resulting from running, jumping, climbing, crawling, sliding, playing, balancing, or moving through play areas or attractions.

3. Collisions or accidental contact with other children, participants, parents, guardians, employees, visitors, or other persons.

4. Injuries resulting from the actions or conduct of other participants, including unexpected movements, running, jumping, pushing, falling, or improper use of equipment.

5. Injuries resulting from the use or attempted use of playground equipment, slides, climbing structures, ball pits, foam blocks, interactive games, multi-ball games, or other attractions.

6. Injuries associated with ball play, including being struck by balls or other objects or accidentally colliding with another participant.

7. Injuries resulting from the use of interactive or electronic attractions, including multi-ball games, arcade equipment, karaoke equipment, digital games, or other entertainment activities.

8. Injuries resulting from the physical nature of the activities, including muscle strains, sprains, bruises, cuts, bumps, or other injuries.

9. Injuries resulting from differences in the age, size, strength, skill, coordination, or behavior of participants.

10. Injuries resulting from equipment failure, malfunction, unexpected movement, or changes in equipment condition, including, where applicable, supports, padding, play structures, climbing elements, slides, landing surfaces, balls, foam blocks, or other equipment.

11. Injuries resulting from conditions of the premises, including wet, slippery, uneven, or obstructed surfaces, entrances, exits, or other areas of the facility.

12. Injuries associated with crowded play areas or simultaneous use of attractions by multiple participants.

13. Injuries resulting from failure to follow posted rules, safety instructions, age or height restrictions, staff instructions, or directions provided by Embo Nest.

14. Injuries resulting from the ordinary negligence of Embo Nest or another participant, to the fullest extent permitted by California law.

15. Risks associated with private parties, birthday celebrations, group activities, food service, entertainment activities, and other events conducted at or by Embo Nest.

16. Other risks that may not be specifically identified or reasonably foreseeable at the time this Agreement is signed.

I understand that these risks may arise from my own actions, the actions of my child or another participant, the condition or use of the Facilities or Equipment, or the ordinary negligence of the Released Parties or other persons.

I voluntarily choose to participate in and/or permit my child to participate in activities at Embo Nest and knowingly and voluntarily assume the risks associated with such participation, to the fullest extent permitted by California law.

2. PARTICIPATION ELIGIBILITY AND ATTRACTION REQUIREMENTS

I understand that Embo Nest may establish age, height, weight, capacity, skill, or other participation requirements for particular attractions or activities.

I agree that I and any minor participant for whom I am responsible will comply with all applicable eligibility requirements and restrictions.

Embo Nest may restrict or deny access to an attraction or activity when, in its reasonable judgment, participation would be unsafe or would violate applicable rules or requirements.

I understand that not every attraction or activity is appropriate for every participant.

3. PARENT/GUARDIAN ACKNOWLEDGMENT FOR MINOR PARTICIPANTS

If I am signing this Agreement for a minor child, I represent that I am the child's parent or legal guardian and have authority to provide the consent and authorization contained in this Agreement.

I understand that the minor participant may participate in physical play, games, attractions, parties, and other activities at Embo Nest that involve inherent and other risks of injury.

I have had the opportunity to review this Agreement, ask questions, and decide whether to permit the minor participant to participate.

I understand that Embo Nest may refuse or restrict participation if this Agreement has not been completed or if a participant does not comply with Embo Nest's rules, safety requirements, or staff instructions.

To the fullest extent permitted by California law, I agree to the release, assumption of risk, indemnification, and other provisions of this Agreement on my own behalf and, to the extent legally permitted, on behalf of the minor participant.

4. RELEASE AND PROMISE NOT TO SUE

In consideration of being permitted to enter, observe, use, or participate in Embo Nest's Facilities, Equipment, attractions, activities, events, parties, games, or experiences, I hereby agree, to the fullest extent permitted by California law, to release and discharge the Released Parties from claims arising from ordinary negligence associated with my participation or use of the Facilities and Equipment.

This release applies to claims for personal injury, death, or property damage arising from risks associated with participation in activities at Embo Nest, including claims arising from the ordinary negligence of a Released Party, to the extent such release is permitted under California law.

I understand that this Agreement does not release or waive any claim that cannot legally be released or waived under applicable law, including claims based on gross negligence, willful misconduct, or any other liability that California law does not permit a party to release in advance.

I further agree that, to the fullest extent permitted by law, I will not bring or maintain a claim against a Released Party for matters that I have expressly released under this Agreement.

This Agreement is intended to be as broad and inclusive as permitted by the laws of the State of California.

5. RELEASE OF CERTAIN THIRD PARTIES

To the fullest extent permitted by California law, I also release from claims arising from ordinary negligence, as described above, persons or entities involved in the design, manufacture, installation, maintenance, or provision of Embo Nest Facilities or Equipment, but only to the extent such persons or entities are properly entitled to the benefit of this Agreement under applicable law.

Nothing in this Agreement is intended to release any liability that cannot legally be released under California law.

6. INDEMNIFICATION

To the fullest extent permitted by California law, I agree to indemnify and hold harmless the Released Parties from claims, losses, liabilities, damages, and reasonable costs, including reasonable attorneys' fees, arising from:

• My negligent or intentional acts or omissions while at or using Embo Nest;

• The negligent or intentional acts or omissions of a minor participant for whom I am responsible, to the extent legally permitted; or

• My violation, or the violation of a minor participant for whom I am responsible, of Embo Nest rules or safety instructions.

This indemnification provision does not require me to indemnify any Released Party for liability that cannot legally be shifted to me under California law.

7. EMBO NEST FACILITY RULES AND STAFF AUTHORITY

I acknowledge that Embo Nest has posted and/or provided rules governing the use of its Facilities, attractions, Equipment, and activities.

I agree that I and any minor participant for whom I sign this Agreement will:

• Follow all posted safety rules;

• Follow all age, height, weight, and other participation requirements;

• Follow all instructions provided by Embo Nest staff;

• Use Equipment only for its intended purpose;

• Behave in a safe and respectful manner;

• Not intentionally push, hit, kick, tackle, or otherwise physically interfere with another participant;

• Not climb on areas not designed or designated for climbing;

• Not intentionally misuse Equipment;

• Not engage in behavior that creates an unreasonable safety risk; and

• Immediately stop an activity when instructed by Embo Nest staff.

Embo Nest staff may, in their reasonable judgment and consistent with applicable law:

• Restrict or suspend participation in an attraction;

• Require a participant to stop an activity;

• Require a parent or guardian to assist with supervision;

• Remove a participant from an attraction or activity; or

• Remove a participant from the premises for unsafe, disruptive, or prohibited conduct.

If a participant is removed or restricted from an attraction or activity because of a violation of Embo Nest rules or safety requirements, any refund or credit will be handled in accordance with Embo Nest's then-current refund policy.

8. PARENT/GUARDIAN SUPERVISION REQUIREMENT

I expressly understand and agree that Embo Nest is not a drop-off childcare facility.

Unless Embo Nest expressly states otherwise in writing for a particular program or event, a parent, legal guardian, or designated responsible adult must remain present on the premises and maintain continuous visual observation and supervision of their minor participant at all times.

Participation at Embo Nest does not constitute childcare, and Embo Nest staff do not provide continuous one-on-one individual child monitoring.

The parent, guardian, or responsible adult remains responsible for the supervision, safety, and conduct of the minor participant throughout the visit.

I understand that Embo Nest staff may enforce safety rules but cannot continuously monitor every individual child.

9. HEALTH, ILLNESS, AND PHYSICAL CONDITION

I understand that participation in Embo Nest activities may involve running, jumping, climbing, crawling, balancing, sliding, and other physical movements.

I represent that I and/or the minor participant are reasonably capable of participating safely in the activities selected.

I agree not to participate, or permit a minor participant to participate, when the participant is experiencing an illness, injury, or other condition that could reasonably make participation unsafe for the participant or others.

I understand that Embo Nest may restrict participation when a participant appears unable to safely participate in an activity.

Participants should not enter or participate when experiencing symptoms of a contagious illness or when their participation could reasonably expose other guests or staff to illness.

10. FOOD, ALLERGIES, AND BEVERAGES

Embo Nest may permit food and beverages in designated areas and may host birthday parties, private celebrations, and other events involving food.

Parents and guardians are responsible for informing Embo Nest of known food allergies or dietary restrictions when such information is relevant to the participant's safety.

Parents and guardians remain responsible for monitoring a minor participant's consumption of food and beverages.

Unless expressly represented otherwise by Embo Nest, Embo Nest does not represent that its facility or food service environment is free from allergens.

11. PERSONAL PROPERTY

Participants are responsible for their personal belongings.

To the fullest extent permitted by law, Embo Nest is not responsible for lost, stolen, misplaced, or damaged personal property brought onto the premises, except where such responsibility cannot legally be excluded.

Participants are encouraged not to bring valuable or unnecessary personal property into play areas or attractions.

12. ATTRACTION AVAILABILITY AND TEMPORARY CLOSURES

I understand that Embo Nest does not guarantee that every attraction, activity, game, or piece of Equipment will be available at all times.

An attraction or activity may be temporarily closed or unavailable because of:

• Maintenance;

• Cleaning;

• Safety concerns;

• Equipment malfunction;

• Capacity limits;

• Private events;

• Operational requirements;

• Repairs;

• Power or building issues; or

• Other circumstances beyond Embo Nest's reasonable control.

Availability of a particular attraction is not guaranteed unless expressly stated in a written purchase or event agreement.

Any refund, credit, or other compensation relating to unavailable attractions will be handled in accordance with Embo Nest's applicable policies.

13. EMERGENCY SITUATIONS

I understand that Embo Nest may take reasonable steps to protect participants and guests during emergencies, including fire alarms, evacuation situations, power outages, building emergencies, equipment failures, or other circumstances requiring the temporary closure or evacuation of the facility.

I agree to follow all emergency instructions provided by Embo Nest staff and emergency personnel.

14. EMERGENCY MEDICAL AUTHORIZATION

In the event of an emergency involving a minor participant, I authorize Embo Nest personnel, when reasonably necessary and when I or another authorized emergency contact cannot be reached promptly, to seek or arrange appropriate emergency medical assistance for the minor participant.

I understand that Embo Nest does not provide medical diagnosis or treatment and that any medical expenses resulting from emergency care are my responsibility, to the extent permitted by law.

I authorize emergency personnel to provide medical care as they determine appropriate.

15. EMERGENCY CONTACT INFORMATION

16. PHOTO AND VIDEO CONSENT — OPTIONAL

17. DISPUTE RESOLUTION AND ARBITRATION

ATTORNEY REVIEW REQUIRED BEFORE USE

To the extent permitted by applicable law, any dispute or claim arising out of or relating to this Agreement or participation in Embo Nest activities shall be resolved under California law.

If the parties have agreed to mandatory arbitration in an enforceable written agreement, any arbitration shall be conducted in accordance with California law and the applicable rules of the American Arbitration Association then in effect.

Any arbitration agreement shall apply only to claims that may lawfully be submitted to arbitration and shall not waive any right or remedy that cannot legally be waived.

To the extent permitted by law, the parties agree that claims properly subject to arbitration shall not be decided by a jury.

This section should be reviewed and finalized by Embo Nest's California attorney before implementation, particularly regarding minor participants, parental authority, arbitration fees, venue, small-claims rights, and consumer-arbitration requirements.

18. GOVERNING LAW

This Agreement shall be governed by and interpreted under the laws of the State of California, without regard to conflict-of-law principles, to the extent permitted by law.

19. SEVERABILITY

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, if possible, and the remaining provisions shall remain in full force and effect.

20. DURATION OF AGREEMENT

Unless otherwise stated by Embo Nest in writing, this Agreement is intended to remain effective for twelve (12) months from the date of signature and to apply to subsequent visits and participation by the participant(s) identified in this Agreement during that period, to the fullest extent permitted by law.

A new Agreement may be required if:

• The Agreement expires;

• The participant information changes materially;

• Embo Nest issues a revised waiver;

• Applicable law requires a new agreement; or

• Embo Nest otherwise determines that a new agreement is necessary.

21. PARENT/GUARDIAN AUTHORITY FOR MULTIPLE PARTICIPANTS

By signing this Agreement, I represent that I am the parent, legal guardian, or other person legally authorized to provide consent for each minor participant identified below.

I understand that I am responsible for providing accurate information regarding my relationship to and authority over each minor participant.

22. ACKNOWLEDGMENT AND REPRESENTATIONS

By signing below, I acknowledge that:

1. I have carefully read this Agreement.

2. I understand that this Agreement affects my legal rights.

3. I understand the risks associated with participating in activities at Embo Nest.

4. I have had an opportunity to ask questions about this Agreement before signing.

5. I am signing voluntarily.

6. If signing for a minor, I represent that I am the minor's parent, legal guardian, or otherwise have legal authority to provide the required consent.

7. I agree that the terms of this Agreement apply to my participation and, to the extent legally permitted, to the participation of the minor(s) listed below.

8. I have provided accurate participant and emergency-contact information.

9. No oral statement or representation has been made to me that changes or modifies this written Agreement.

10. I understand that Embo Nest may refuse participation if this Agreement is not completed or if the participant fails to comply with Embo Nest's rules and safety requirements.

11. I understand that Embo Nest is an entertainment and recreational facility and that participation is voluntary.

12. I understand that the parent or guardian remains responsible for supervising minor participants as required by this Agreement and Embo Nest's rules.

23. EXTRA PARTICIPANT INFORMATION

25. ACKNOWLEDGMENT AND AGREEMENT