Switch Let’s Have Fun LLC
Release and Waiver of Liability Agreement

WHEREAS, Switch Let’s Have Fun LLC (“Operator”) is the operator of the property located at 10450 NW 31 Terrace, Doral, FL 33172 (“Premises”), and is willing to permit the individuals signing this Agreement to use the Premises for the purpose of knowledge-based entertainment for children (from 6 months up to 14 years old), under the terms and conditions of this Agreement.

WHEREAS, in consideration for the right of access to the Premises for the purpose of knowledge-based entertainment for children (from 6 months up to 14 years old) under the terms and conditions of this Agreement, I, on my own behalf and on behalf of my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this release and waiver of liability and hereby waive any and all rights, claims, or causes of action of any kind whatsoever arising out of my or my child(ren)’s access to the Premises for the aforementioned purpose.
I further release and forever discharge the Operator, its affiliates, managers, members, agents, attorneys, employees, volunteers, heirs, representatives, predecessors, successors, and assigns from any physical or psychological injury, including but not limited to illness, paralysis, death, damages, or economic or emotional losses, that I may suffer as a direct result of my participation in the above-mentioned activity.

WHEREAS, in further consideration for the right of access to the Premises, I, on my own behalf and on behalf of my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily grant the Operator, its directors, officers, employees, agents, and designees, an irrevocable authorization to capture my image and/or that of my child(ren) in photographs, videos, films, recordings, or other media, as well as voice recordings made during the event or at the location indicated below (collectively, the “Images”).

Therefore, as the parent and/or legal guardian of the minor(s) listed below (“Child(ren)”), and in consideration of the access to and use of the Premises, each person signing below hereby declares and agrees as follows:

1. USE OF THE PREMISES

I understand and agree that I and the Child(ren) (jointly or separately) may only use the Premises for the purposes set forth in this Release and Waiver of Liability Agreement, on the dates and times when the Child(ren) are using or enjoying them.
I also agree that I am responsible for the proper use and care of the Premises and any property of the Operator located therein, and that I will be responsible for the replacement cost of any Operator property that is damaged, destroyed, or lost.

I understand that within the indoor play area, my child(ren) will participate in recreational activities such as virtual reality attractions, video games, inflatable castles, playground slides, giant inflatable balls, laser guns, and other events and parties that involve a high risk of accidents or injuries that, despite the Operator’s efforts to minimize them, cannot be completely eliminated. I acknowledge that these activities may test a person’s physical and mental limits and may involve the possibility of death or serious injury.

I also acknowledge that the Operator offers prepackaged food, beverages, and snacks at the Premises that are manufactured, packed, and distributed by third parties, and I hereby release and discharge the Operator from all liability, actions, risks, or illnesses related to the consumption of such food, by me or my child(ren).

Finally, I acknowledge that I am solely responsible for myself, my companions, my family, and my children during our time inside the Operator’s Premises, as well as upon entering and leaving the Switch Let’s Have Fun establishment.

2. ASSUMPTION OF RISKS

I understand and acknowledge that the activities conducted on the Premises may be dangerous and may involve the risk that I or the Child(ren) may suffer serious injury, temporary or permanent disability, death, and/or property damage.
I understand that activities may not be supervised and that the Operator does not provide medical services.
I further acknowledge that any injury suffered by me and/or the Child(ren) on the Premises may be worsened by negligent or delayed medical care.
I voluntarily and freely assume all risks and hazards that may arise from the use of the Premises and participation in their activities, including injuries, death, or property damage.

3. RELEASE OF LIABILITY

I, on my own behalf, and on behalf of my children, heirs, and personal representatives, hereby fully and permanently release the Operator, its affiliates, partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any current or future claim, known or unknown, in any jurisdiction, for injury, disability, death, damages, liabilities, expenses, or causes of action related to my entry and use of the Premises, whether caused by the negligence of the Operator or the Released Parties or by any other reason.
I acknowledge and agree that this Release and Waiver of Liability is intended to be a complete release of all liability for any personal injury, disability, death, or property damage suffered by me or the Child(ren) while on or using the Premises.

4. AUTHORIZATION FOR USE OF PHOTOGRAPHS AND VIDEOS

I acknowledge that the Operator shall be the owner of such Images and grant permission to record, publish, modify, distribute, use, print, or reproduce such Images in any medium or format related to its business, including but not limited to publications, courses, training, advertisements, brochures, websites, or electronic platforms.
I waive any right to inspect or approve the use of such Images and release the Operator from all liability arising from their use, including claims for invasion of privacy or violation of image rights.

5. RESPONSIBILITY FOR PERSONAL PROPERTY

I acknowledge and agree that I am fully responsible for my personal belongings and those of my child(ren) brought to the Premises. The Operator shall not be responsible for nor provide any security for such belongings.

6. COVENANT NOT TO SUE

I agree, on behalf of myself, my children, and my heirs, not to sue or initiate legal action against the Released Parties nor to participate in any proceeding seeking compensation for injuries, death, or property damage occurring while using the Premises.

7. INDEMNIFICATION

I agree to defend, indemnify, and hold harmless the Operator and the Released Parties from and against any loss, damage, demand, claim, judgment, penalty, or expense (including reasonable attorneys’ fees) arising from the use of the Premises by me or my child(ren).

8. NO WARRANTIES BY THE OPERATOR

I acknowledge that the Operator does not guarantee the condition or safety of the Premises or its structures or equipment. I agree to use the Premises on an “AS IS” basis and acknowledge that I have not received any warranties or representations other than those expressly stated in this Agreement.

9. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. I agree that any action arising out of this Agreement shall be brought exclusively before the state or federal courts located in Florida.

10. WAIVER

No waiver of any term of this Agreement shall be valid unless made in writing and signed by an authorized representative. The failure to enforce any provision shall not constitute a waiver of that provision or of its future enforcement.

11. SURVIVAL

Any provision requiring performance after the termination of this Agreement shall remain valid and enforceable following such termination.

12. COMPLIANCE WITH LAWS

During the use of the Premises and the execution of this Agreement, both parties agree to comply with all applicable federal, state, and local laws, rules, and regulations.

13. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

14. ENTIRE AGREEMENT AND BINDING EFFECT

This Agreement constitutes the entire agreement between the parties and supersedes any prior agreement, whether oral, written, or electronic. No modification shall be valid unless made in writing and signed by both parties.
This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.

By signing this Release and Limited Liability Agreement, I assume the risks and accept full responsibility for the care of my child(ren) while on the Premises. I waive all claims for damages, injuries, death, or any consequence related to the use of the Premises or participation in activities or events organized by M-Kids LLC.

My signature constitutes proof of my decision to grant a total and unconditional waiver and to limit the liability of M-Kids LLC as set forth herein.

I acknowledge that I have read and fully understood each of the foregoing provisions and that I have had the opportunity to consult an attorney before signing.
I declare that I am at least eighteen (18) years of age, fully competent, and signing this Agreement voluntarily and with full knowledge of its legal effects.