Kidlavie Nebraska LLC
3001 S 144th St, Omaha, NE 68144
IMPORTANT NOTICE TO CLIENT: This Agreement contains a Limitation of Liability clause (Section 27), an Indemnification clause (Section 26), a Waiver of Liability (Section 28), a Minor Participant Waiver (Section 29), and a Dispute Resolution clause (Section 34). Please read this Agreement carefully in its entirety before signing. You are encouraged to seek independent legal counsel prior to execution.
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, Kidlavie Nebraska LLC, a Nebraska limited liability company (“Company“), and the Client identified above (collectively, the “Parties“), agree as follows (this “Agreement“):
SECTION 1 — PREMISES
The event venue is located at 3001 S 144th St, Omaha, NE 68144 (the “Premises“). The Company operates a family entertainment center offering activities including, but not limited to, trampolines, slopes, carousels, zip-line, sandpit, obstacles courses, climbing walls, rope courses, and similar recreational attractions (collectively, the “Attractions“). Client acknowledges that participation in any Attraction involves inherent risks of physical injury and agrees that the Premises are used subject to the terms and conditions of this Agreement.
SECTION 2 — SALES TAX
All food, beverage, admission, and attraction charges are subject to applicable Nebraska state and local sales tax at the rate in effect on the date of the event. Tax-exempt organizations must comply with Section 4 of this Agreement.
SECTION 3 — RESERVATIONS AND PAYMENT SCHEDULE
3.1 Tentative Reservation. All reservations are tentative and may be released by the Company until this Agreement is fully executed and the required deposit is received by the Company.
3.2 Signing Deadline. This Agreement must be signed and returned with the deposit no later than five (5) business days after the Company has transmitted this Agreement to Client by email or other written means. Failure to return a signed Agreement with deposit within this period will result in automatic release of the reservation, without further notice.
3.3 Deposit. A booking deposit in the amount of forty percent (40%) of the event subtotal listed above is due upon execution of this Agreement. The deposit is applied toward the total event balance.
3.4 Final Balance. The remaining balance of sixty percent (60%) of the event subtotal, plus any additions or adjustments, is due on the day of the event, prior to the commencement of the event. No event services will begin until the final balance has been received in full.
3.5 Accepted Payment Methods. Payments may be made by credit card, debit cards, corporate check, money order, or cash. Personal checks are not accepted.
3.6 Authorized Payer. This Agreement must be signed, and all payments must be made by the Client identified on this Agreement. The Company will not accept signatures or payments from any other person or entity unless Client provides prior written authorization designating an alternate authorized representative.
SECTION 4 — CREDIT CARD DATA SECURITY
In compliance with Payment Card Industry Data Security Standards (PCI-DSS), credit card numbers may not be transmitted by email. Client may provide credit card information in person, by telephone, or via the Company’s secure online payment portal only. If a payment form is transmitted by email, the credit card number field must be left blank and communicated separately by telephone or secure portal.
The Company will store Client’s credit card information only as expressly authorized in writing by Client and solely for the purposes described in this Agreement. The Company shall maintain reasonable security measures to protect stored payment data in accordance with applicable Nebraska law, including the Nebraska Financial Data Protection and Consumer Notification of Data Security Breach Act (Neb. Rev. Stat. § 87-801 et seq.).
SECTION 5 — TAX-EXEMPT CLIENTS
Clients claiming tax-exempt status must provide the Company’s Event Office with a valid Nebraska State Sales Tax Exemption Certificate and corresponding exemption number prior to executing this Agreement. The account holder on the check or credit card used for payment must match the name on the tax-exempt certificate. Tax-exempt clients may not pay any portion of the event balance in cash.
SECTION 6 — RESCHEDULING BY CLIENT
6.1 Right to Reschedule. Client may request to reschedule an event to a new date, subject to the Company’s availability, without incurring additional charges, provided that the written rescheduling request is received by the Company no later than 7 (seven) calendar days prior to the original event date.
6.2 Rescheduling Within 14 Days. If Client cancels the event with fourteen (14) or fewer calendar days’ notice, no deposit refund will be issued; however, Client may reschedule the event to any available date within the following thirty (30) calendar days from the original event date, at no additional rescheduling fee. The forfeited deposit will be applied in full toward the rescheduled event. If no rescheduled date is selected within thirty (30) calendar days, the deposit is forfeited with no further credit.
6.3 Availability. The Company will make reasonable efforts to accommodate Client’s preferred new date; however, the Company is not responsible for the unavailability of a specific date and will not refund any deposits if the requested new date is unavailable.
6.4 Pricing Adjustments. Any additions or upgrades made in connection with a rescheduled event will be priced at the Company’s rates in effect at the time of modification.
6.5 Continued Applicability. All terms and conditions of this Agreement shall continue to apply to any rescheduled event.
SECTION 7 — CANCELLATION BY CLIENT
7.1 Cancellation Policy — Sliding Scale. Client may cancel this Agreement by providing written notice to the Company as follows:
| Notice Period Before Event Date | Refund of Prepaid Deposit |
|---|---|
| More than 28 calendar days (more than 4 weeks) | 100% of deposit refunded |
| 15 to 28 calendar days (2 to 4 weeks) | 50% of deposit refunded |
| 14 or fewer calendar days (2 weeks or less) | Deposit fully forfeited; rescheduling option available (see Section 6.2) |
7.2 No Additional Liquidated Damages. The forfeiture of the deposit as set forth in Section 7.1 constitutes the Company’s sole monetary remedy for cancellation by Client. No additional liquidated damages beyond the forfeited deposit will be assessed, provided that Client has not caused the Company to incur documented third-party costs (such as food already ordered or placed into production), which shall be governed by Section 7.3.
7.3 Food and Production Costs. If cancellation occurs after food has been ordered or placed into production, the actual documented food and labor costs incurred by the Company will be added to any amounts owed by Client under this Section, up to the total event subtotal.
7.4 Method of Cancellation. All cancellations must be submitted in writing (email is acceptable) to the Company’s Event Office and are effective upon the Company’s written acknowledgment of receipt.
SECTION 8 — CANCELLATION BY COMPANY
8.1 Grounds for Cancellation. The Company reserves the right to cancel this Agreement under the following circumstances:
(a) Client has materially misrepresented the nature, size, or purpose of the event in any written or oral communication to the Company or any third party;
(b) The event, as described or as modified by Client, would violate applicable federal, state, or local law or regulation;
(c) The event poses a documented and credible threat to the safety of guests, staff, or the Premises;
(d) Client fails to make required payments after the cure period provided in Section 3.7;
(e) A Force Majeure Event occurs as defined in Section 31 of this Agreement.
8.2 Refund Upon Company Cancellation. If the Company cancels this Agreement pursuant to Sections 8.1(a), (b), or (c), the Company will refund all prepaid deposits in full within ten (10) business days of the cancellation notice. If the Company cancels pursuant to Section 8.1(d) (non-payment), the Company shall retain all deposits as liquidated damages. If the Company cancels pursuant to Section 8.1(e) (Force Majeure), the provisions of Section 31 shall govern.
8.3 Compensation for Company-Initiated Cancellation. In the event the Company cancels this Agreement for reasons other than Client’s breach, Force Majeure, or safety concerns, the Company shall refund all prepaid deposits in full and shall reimburse Client for documented, non-refundable third-party expenses directly incurred in connection with the event (such as vendor deposits), up to a maximum of the total amount paid by Client to the Company under this Agreement. The Company shall not be liable for lost profits, consequential damages, or other indirect losses.
8.4 Notice. Except in cases of immediate safety risk, the Company will provide Client with written notice of cancellation at least five (5) days in advance where practicable.
SECTION 9 — DAMAGE TO PREMISES OR PROPERTY
9.1 Client Liability. Client shall be financially responsible for any damage, exclusive of normal wear and tear, to the Premises, event rental space, or the Company’s property caused by Client or Client’s guests, directly or indirectly.
9.2 Damage Assessment Procedure. Following the event, the Company will conduct a post-event inspection of the event space. If damage is identified, the Company will provide Client with a written damage notice within fifteen (15) business days after the event, including a description of the damage and the estimated or actual repair cost.
9.3 Client’s Right to Dispute. Client shall have ten (10) business days from receipt of the damage notice to dispute the claim in writing. If Client disputes the damage claim, the Parties agree to attempt to resolve the dispute in good faith within ten (10) business days. If the dispute is not resolved, it shall be subject to the dispute resolution procedures in Section 34.
9.4 Payment. If Client does not dispute the damage claim within the period specified in Section 9.3, Client authorizes the Company to charge the credit card on file for the undisputed amount. If no credit card is on file, the Company will issue an invoice payable within thirty (30) days of receipt. Client’s authorization to charge the credit card on file is limited to undisputed damage amounts following the notice and dispute process described herein.
SECTION 10 — FINAL GUARANTEE
10.1 Deadline. The Company must receive Client’s final confirmed food and beverage order and confirmed guest count (“Final Guarantee“) no later than, seventy-two (72) hours prior to the event date.
10.2 Default Guarantee. If Client fails to provide the Final Guarantee by the deadline, the estimated attendance number stated on this Agreement will automatically become the Final Guarantee, and the Company will prepare accordingly.
10.3 No Modifications After Deadline. The Final Guarantee may not be reduced after the deadline. No credits or refunds will be issued for guests who do not attend.
10.4 Weekend Events. For events scheduled on Saturday, Sunday, Monday, the Final Guarantee is due no later than the preceding Wednesday by 12:00 p.m. CT.
SECTION 11 — MENU AND FOOD SERVICES
11.1 Package Menu. This Agreement includes the food and beverage package specified on the cover page. All items included in the selected package are subject to the Company’s current menu offerings.
11.2 Advance Modifications. All changes to the food and beverage order, guest count, menu selections, or event package must be submitted in writing no later than seventy-two (72) hours prior to the event start time. Modifications submitted within this deadline will be honored at the applicable package or special event pricing, subject to availability. Specialty items (marked with an asterisk on the Company’s menu) require a minimum of one (1) week’s advance notice.
11.3 Late and Day-of Changes. Any changes requested fewer than seventy-two (72) hours before the event, or on the day of the event, cannot be guaranteed and will be accommodated only at the Company’s sole discretion. If accommodated, such additions will be subject to current published concession pricing. The Company cannot guarantee simultaneous delivery of late additions with originally ordered items.
11.4 Food and Beverage Policy. All food and beverages must be consumed on the Premises and must be purchased through the Company, unless Client is utilizing a Company-approved off-premises catering company, in which case a $25.00 per person service charge applies.
11.5 Outside Food. No outside food or beverages may be brought onto the Premises, with the sole exception of a birthday cake or cupcakes, provided that Client presents a purchase receipt confirming the items were commercially purchased. No other outside food or beverages are permitted. The Company reserves the right to refuse entry of or remove any unauthorized outside food from the Premises.
11.6 Food Allergy Notification. Client is required to notify the Company in writing of any known food allergies or dietary restrictions among event guests no later than seventy-two (72) hours prior to the event. The Company will make reasonable efforts to accommodate documented allergies, but cannot guarantee an allergen-free environment. Client acknowledges that the Premises handle common allergens including nuts, dairy, gluten, eggs, and shellfish. The Company shall not be liable for allergic reactions resulting from Client’s failure to provide timely written notification of known allergies.
11.7 Food Safety Notice. Client acknowledges and agrees to inform guests that consuming raw or undercooked meats, poultry, seafood, or eggs may increase the risk of foodborne illness, particularly for guests with certain medical conditions.
11.8 Leftover Food. Food remaining at the conclusion of the event may not be removed from the Premises, consistent with applicable health and safety regulations.
SECTION 12 — EVENT HOSTS AND STAFFING
12.1 Required Hosts. Each event will be staffed with a minimum number of Company-employed event hosts based on the confirmed guest count. The Company will determine the appropriate staffing level at its reasonable discretion.
12.2 Additional Hosts. Client may request additional hosts at least three (3) business days prior to the event. Additional hosts will be billed at the Company’s then-current hourly rate, inclusive of set-up and breakdown time.
12.3 Service Standards. The Company warrants that event hosts will be adequately trained and present throughout the event to facilitate the event program and ensure guest safety.
SECTION 13 — OUTSIDE VENDORS
13.1 Prior Approval Required. Client must obtain the Company’s prior written approval before engaging any outside vendor to provide services at the Premises, including but not limited to live entertainment, photographers, videographers, florists, decorators, and inflatable or amusement equipment providers.
13.2 Certificate of Insurance. All approved outside vendors must provide a Certificate of Insurance (“COI“) naming Kidlavie Nebraska LLC and its affiliates as additional insureds under a commercial general liability policy with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate. Client must deliver the COI to the Company no later than three (3) business days prior to the event date.
13.3 Vendor Compliance. All outside vendors must comply with the Company’s rules and regulations while on the Premises. The Company reserves the right to remove any vendor who poses a safety risk or violates this Agreement.
SECTION 14 — ALCOHOL POLICY
14.1 Age Verification. All guests must present a valid government-issued photo identification (valid driver’s license, U.S. passport, or active military ID) before being served alcoholic beverages.
14.2 Service Limits. No guest will be served more than two (2) alcoholic beverages at a time. All bar service is limited to a maximum of five (5) hours per event. Beverages containing more than two (2) types of liquor, or served as a “shot,” will not be sold on the Premises.
14.3 Consumption Area. All alcoholic beverages must be consumed within the designated function area, bar, or restaurant in which they were served. Guests may not remove alcoholic beverages from the Premises.
14.4 Refusal of Service. The Company will not serve alcohol to any person who appears to be intoxicated, who is a minor, or who the Company has reason to believe will provide alcohol to a minor or an intoxicated person. The Company reserves the right to limit or discontinue alcohol service at any time in its reasonable discretion.
14.5 Nebraska Minor Alcoholic Liquor Liability. Client acknowledges that under Nebraska law (Neb. Rev. Stat. §§ 53-404 and 53-407), liability may attach to any person or entity that sells or furnishes alcoholic beverages to a minor. The Company maintains a strict no-service-to-minors policy. Client agrees to cooperate with the Company’s age verification procedures and shall not request or encourage the Company to serve alcohol to any person who is or may be a minor.
14.6 Attractions Under the Influence. The Company strictly prohibits participation in trampolines, climbing, obstacles courses, rope courses, or any other Attraction by any person who is or appears to be under the influence of alcohol or any controlled substance. The Company reserves the right to administer a breathalyzer test to any driver prior to track access and to refuse participation to any person who fails or declines such test.
14.7 Responsible Service Training. The Company’s staff responsible for alcohol service are trained in responsible alcohol service practices consistent with applicable Nebraska law and industry standards.
SECTION 15 — REFUSAL OF SERVICE AND REMOVAL
The Company reserves the right to refuse service to any person and to ask any individual or group to leave the Premises if, in the Company’s reasonable judgment, such person or group poses a threat to the safety or well-being of other guests, staff, or the Premises. No refund will be issued for guests removed for cause.
SECTION 16 — MINORS AND PARENTAL SUPERVISION
16.1 Supervision Requirement. All guests under the age of eighteen (18) must be accompanied at all times by a parent, legal guardian, or a designated group leader who is at least twenty-one (21) years of age.
16.2 Minor Participant Waiver. For each minor participant who will participate in any Attraction, the minor’s parent or legal guardian must execute a separate Minor Participant Waiver (attached hereto as Exhibit A) prior to the minor’s participation in any Attraction. The Minor Participant Waiver is incorporated by reference into this Agreement. Client is responsible for ensuring that all required Minor Participant Waivers are executed prior to the event.
16.3 Client and Parental Responsibility. Parents and legal guardians are solely responsible for the behavior, safety, and supervision of their minor children and wards at all times while on the Premises. The Company’s staff do not provide childcare, babysitting, or individual supervision services for minors. Client assumes responsibility for ensuring that all minors attending the event are adequately supervised in accordance with this Section and that their parents or guardians have executed the required Minor Participant Waivers.
SECTION 17 — NO SMOKING POLICY
Smoking of any kind is strictly prohibited inside the Premises at all times. This prohibition includes cigarettes, cigars, pipes, electronic cigarettes, vaping devices, hookah, and all other tobacco or nicotine products. Designated outdoor smoking areas, if available, will be identified by the Company.
SECTION 18 — ATTIRE AND SAFETY REQUIREMENTS
18.1 Footwear. All guests must wear Kidlavie branded anti-slip socks while participating in any Attraction. Flip-flops, sandals, open-toed shoes, and bare feet are not permitted for safety reasons. Guests not wearing appropriate socks will not be permitted to participate in Attractions.
18.2 Additional Safety Requirements. Additional attire or equipment requirements (such as helmets, harnesses, or wristbands) may apply to specific Attractions and will be communicated to Client in advance or posted at the Attraction.
SECTION 19 — RULES AND REGULATIONS
Client agrees that this Agreement shall be performed in accordance with the Company’s posted rules and regulations, including rules relating to health, safety, hours of operation, and conduct on the Premises, as may be updated from time to time. Client and all guests agree to comply with the Company’s Rules and Regulations as posted at the Premises and on the Company’s website. Client is responsible for communicating the Company’s rules and regulations to all guests prior to the event.
SECTION 20 — EVENT SPACE
20.1 Space Assignment. The Company will provide event space appropriate for the number of guests stated in the Final Guarantee. The Company reserves the right to reassign event space to a comparable space that is most suitable for the confirmed guest count and available on the event date.
20.2 Maximum Capacity. Each event space is subject to a maximum occupancy limit established in accordance with applicable fire and safety codes. Client shall not permit the number of guests to exceed the maximum occupancy for the assigned event space. The Company reserves the right to refuse entry to guests in excess of the maximum occupancy limit.
20.3 Contracted Time — Fixed Schedule. The event rental period is fixed and begins and ends at the times stated on the cover page of this Agreement. The event schedule cannot be adjusted due to late arrival of guests or early arrival prior to the contracted start time. No additional setup or access time will be provided outside the contracted period without prior written approval and payment.
20.3a Extensions. Extension of the party room rental beyond the contracted end time is possible only if the space is available and no other booking immediately follows. Extension time, if available, will be billed at the Company’s then-current hourly room rental rate and must be approved and paid for by Client before the extension begins.
20.3b Continued Stay in Restaurant Area. Upon expiration of the contracted party room rental period, guests may continue their visit in the general restaurant seating area, subject to the availability of tables. The Company does not guarantee the availability of tables in the general seating area. Guests remaining in the general area are subject to the Company’s standard restaurant policies.
20.4 Set-Up and Breakdown. All event set-up must occur during the Company’s operating hours within the designated event space. Client is responsible for the set-up, use, and removal of all non-Company-owned property and equipment. The Company is responsible for the set-up and breakdown of Company-owned property and equipment.
20.5 Prohibited Decorations. Client may not adhere anything to the walls, ceilings, or floors of the Premises. The following items are strictly prohibited: silly string, glitter, confetti, piñatas, open-flame candles (except birthday candles on cakes), and any item that may damage the Premises.
20.6 Clean-Up Fee. The Company may, in its reasonable discretion, charge Client a clean-up fee for extraordinary cleaning required as a result of Client’s event, beyond normal post-event cleaning. Any such fee will be assessed pursuant to the damage and dispute procedures in Section 9.
SECTION 21— NO TICKET SALES OR PUBLIC ADMISSION
Client represents and warrants that the event is a private function and that no tickets, admission fees, or any other charges will be collected from members of the public entitling them to attend the event. Any breach of this provision shall constitute grounds for the Company to immediately terminate this Agreement. Upon such termination, Client shall forfeit all prepaid deposits as liquidated damages, and the Company reserves all other remedies available under this Agreement and applicable Nebraska law.
SECTION 22 — ADVERTISING AND USE OF COMPANY TRADEMARKS
22.1 Prior Approval Required. Client may not use the Company’s name, trademarks, logos, trade dress, or any other intellectual property owned by or licensed to the Company in any advertisement, invitation, social media post, press release, or other public communication without the Company’s prior written approval, which may be withheld in the Company’s sole discretion.
22.2 Submission for Approval. Client must submit all proposed materials referencing the Company to the Company’s Event Office for review at least five (5) business days before publication or distribution.
22.3 Company’s Use of Client Materials. Client grants the Company a limited, non-exclusive license to use Client’s name and event description for internal scheduling and operational purposes only.
SECTION 23 — PARKING
Parking is available in designated areas as determined by the Company. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO, THEFT FROM, OR LOSS OF ANY VEHICLE OR PERSONAL PROPERTY IN THE PARKING AREAS. USE OF PARKING FACILITIES IS AT EACH PERSON’S OWN RISK. The Company does not provide valet services unless separately contracted.
SECTION 24 — CLIENT PERSONAL PROPERTY
ALL PERSONAL PROPERTY AND EQUIPMENT LEFT ON THE PREMISES IS AT CLIENT’S SOLE RISK. The Company does not insure or assume responsibility for the personal property of Client or Client’s guests against damage, theft, or loss by any means. All equipment and personal items belonging to Client or its guests must be removed from the Premises at the conclusion of the event. Items left on the Premises after the event will be held for a period of seven (7) days, after which the Company may dispose of unclaimed items without liability.
SECTION 25 — PHOTOGRAPHY, VIDEOGRAPHY, AND MEDIA RIGHTS
25.1 Client’s Right to Record. Client and Client’s guests may take photographs and videos at the event for personal, non-commercial use.
25.2 Company’s Marketing Rights. The Company may photograph or video-record events held at the Premises for use in the Company’s marketing, promotional, and social media materials. By executing this Agreement, Client consents to such recording and use on behalf of itself and its guests, subject to Section 25.3.
25.3 Opt-Out. Client may request, in writing at least three (3) business days prior to the event, that the Company refrain from photographing or recording the event for marketing purposes. The Company will honor such requests.
25.4 Right of Publicity. The Company shall not commercially exploit the name, image, or likeness of any identifiable individual guest without that individual’s separate written consent, consistent with applicable Nebraska law.
25.5 Prohibition on Unauthorized Commercial Use. Client may not use photographs or videos depicting the Company’s Premises, branding, or Attractions for commercial purposes without the Company’s prior written consent.
SECTION 26 — INDEMNIFICATION
26.1 Client’s Indemnification of Company. Client shall defend, indemnify, and hold harmless the Company, its affiliates, members, managers, employees, officers, agents, and volunteers (collectively, “Company Parties“) from and against any and all claims, actions, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) Client’s use of the Premises or any Attraction;
(b) The acts or omissions of Client, Client’s employees, contractors, representatives, guests, or invitees;
(c) Client’s breach of any representation, warranty, or obligation under this Agreement;
(d) Any claim by a third party arising from the event.
26.2 Exclusion. Client’s indemnification obligation under Section 26.1 shall not apply to claims arising from the gross negligence or willful misconduct of the Company Parties.
26.3 Company’s Indemnification of Client. The Company shall defend, indemnify, and hold harmless Client from and against any claims, losses, or liabilities arising from the gross negligence or willful misconduct of the Company, its employees, or agents in connection with this Agreement.
26.4 Notice of Claims. Each Party shall promptly notify the other in writing of any claim, injury, or damage of which it becomes aware that arises in connection with the event.
SECTION 27 — LIMITATION OF LIABILITY
27.1 Exclusion of Consequential Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, OR REPUTATIONAL HARM, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE PARTY WAS ADVISED OF THEIR POSSIBILITY.
27.2 Cap on Direct Damages. THE COMPANY’S TOTAL AGGREGATE LIABILITY TO CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO THE COMPANY UNDER THIS AGREEMENT.
2.3 Applicability. The limitations in this Section apply to all claims, whether based in contract, tort, statute, or any other legal theory, and whether or not the Company has been advised of the possibility of such damages.
SECTION 28 — WAIVER OF LIABILITY AND ASSUMPTION OF RISK
28.1 Inherent Risks. Client acknowledges that participation in the Attractions offered at the Premises, including trampolines, climbing walls, slopes, rope courses, and similar activities, involves inherent risks of physical injury, including but not limited to falls, collisions, equipment malfunctions, and contact with other participants. These risks exist even when activities are conducted safely and in accordance with all applicable rules.
28.2 ASSUMPTION OF RISK. BY SIGNING THIS AGREEMENT, CLIENT, ON BEHALF OF ITSELF AND ITS GUESTS, VOLUNTARILY ASSUMES ALL RISKS ASSOCIATED WITH PARTICIPATION IN THE ATTRACTIONS AND USE OF THE PREMISES, INCLUDING RISKS ARISING FROM THE COMPANY’S ORDINARY NEGLIGENCE.
28.3 RELEASE OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY NEBRASKA LAW, CLIENT HEREBY RELEASES AND DISCHARGES THE COMPANY AND THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION ARISING FROM PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH SUSTAINED BY CLIENT OR CLIENT’S GUESTS IN CONNECTION WITH THE USE OF THE PREMISES OR PARTICIPATION IN ANY ATTRACTION, INCLUDING CLAIMS ARISING FROM THE COMPANY’S ORDINARY NEGLIGENCE.
28.4 Enforceability. This waiver and release is intended to be as broad and inclusive as permitted by Nebraska law. If any portion of this Section is held unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 29 — MINOR PARTICIPANT WAIVER (EXHIBIT A)
29.1 Requirement. For each minor (person under the age of 18) who will participate in any Attraction, the minor’s parent or legal guardian must execute the Minor Participant Waiver attached as Exhibit A to this Agreement prior to the minor’s participation.
29.2 Parent/Guardian Acknowledgment. By executing the Minor Participant Waiver, the parent or legal guardian: (a) acknowledges the inherent risks of the Attractions; (b) consents to the minor’s participation; (c) assumes all risks on behalf of the minor; and (d) releases the Company from liability for injuries to the minor arising from participation in the Attractions, to the extent permitted by Nebraska law.
29.3 Client’s Responsibility. Client is responsible for ensuring that all required Minor Participant Waivers are collected and delivered to the Company’s staff prior to the commencement of the event. The Company reserves the right to exclude any minor for whom a completed waiver has not been provided.
SECTION 30 — FORCE MAJEURE
30.1 Definition. A “Force Majeure Event” means any circumstance beyond a Party’s reasonable control that prevents or materially impairs that Party’s ability to perform its obligations under this Agreement, including but not limited to: acts of God; fire; flood; earthquake; tornado; severe weather; pandemic, epidemic, or public health emergency declared by a governmental authority; acts of terrorism or war; civil unrest or riot; government-mandated closure or prohibition of mass gatherings; labor strikes or lockouts (not involving the Company’s own employees); cyberattacks or critical infrastructure failures; or any other event of similar nature.
30.2 Effect on Company. If a Force Majeure Event prevents the Company from hosting the event, the Company shall notify Client in writing as soon as practicable. The Parties shall first attempt to agree on a mutually acceptable rescheduled date within twelve (12) months of the original event date, at no additional charge to Client. If a mutually acceptable rescheduled date cannot be agreed upon within thirty (30) days of the Force Majeure Event notice, the Company shall refund all prepaid deposits to Client within fifteen (15) business days.
30.3 Effect on Client. If a Force Majeure Event prevents Client from attending or hosting the event (e.g., government travel restrictions, mandatory quarantine), Client shall notify the Company in writing with reasonable supporting documentation as soon as practicable. The Parties shall attempt to reschedule the event pursuant to Section 31.2. If rescheduling is not possible, the Company shall refund fifty percent (50%) of prepaid deposits to Client within fifteen (15) business days.
30.4 No Additional Liability. Neither Party shall be liable to the other for any indirect, consequential, or incidental losses arising from a Force Majeure Event.
SECTION 31 — ASSIGNMENT
31.1 Client. Client may not assign, transfer, delegate, or encumber this Agreement or any of its rights or obligations hereunder without the Company’s prior written consent, which may be withheld in the Company’s sole discretion.
31.2 Company. The Company may assign this Agreement in connection with a merger, acquisition, sale of substantially all of the Company’s assets, or corporate reorganization, provided that: (a) the assignee assumes all of the Company’s obligations under this Agreement; (b) the Company provides Client with written notice of the assignment at least fifteen (15) days in advance; and (c) the quality of services to be provided by the assignee is materially equivalent to those contracted for herein. Upon a valid assignment by the Company with assumption of obligations by the assignee, the Company shall be released from further obligations arising after the effective date of the assignment.
31.3 Client’s Right to Terminate Upon Assignment. If Client reasonably determines that the assignee cannot or will not provide services of materially equivalent quality, Client may terminate this Agreement within ten (10) days of receiving the assignment notice and receive a full refund of all prepaid deposits.
SECTION 32 — CONFIDENTIALITY
The financial terms of this Agreement, including pricing, discounts, and package rates, are confidential. Neither Party shall disclose the specific financial terms of this Agreement to any third party without the other Party’s prior written consent, except as required by law, court order, or regulatory authority, or as necessary to enforce this Agreement.
SECTION 33 — DISPUTE RESOLUTION
33.1 Good Faith Negotiation. In the event of any dispute, claim, or controversy arising out of or relating to this Agreement (a “Dispute“), the Parties shall first attempt to resolve the Dispute through good-faith written negotiation. The Party asserting the Dispute shall deliver a written notice describing the Dispute in reasonable detail. The Parties shall have fifteen (15) business days from delivery of such notice to resolve the Dispute through negotiation.
33.2 Mediation. If the Dispute is not resolved through negotiation within the period specified in Section 34.1, either Party may submit the Dispute to non-binding mediation administered by a mutually agreed mediator in Douglas County, Nebraska. The costs of mediation shall be shared equally by the Parties. The Parties shall participate in mediation in good faith for a period of up to thirty (30) days before pursuing litigation.
33.3 Litigation. If the Dispute is not resolved through mediation, either Party may pursue its legal remedies in the courts of competent jurisdiction as specified in Section 34.
33.4 Emergency Relief. Nothing in this Section shall prevent either Party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending resolution of a Dispute.
SECTION 34 — CHOICE OF LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Douglas County, Nebraska. Each Party hereby irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection to the laying of venue in such courts.
SECTION 35 — WAIVER OF JURY TRIAL
THE PARTIES, AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF THEIR CHOICE, HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT. THE PARTIES AGREE THAT ANY SUCH DISPUTE SHALL BE RESOLVED BY A COURT SITTING WITHOUT A JURY.
SECTION 36 — ATTORNEYS’ FEES
In any legal proceeding to enforce this Agreement or to resolve a Dispute arising hereunder, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, court costs, and other litigation expenses from the non-prevailing party. For purposes of this Section, a party is the “prevailing party” if it substantially prevails on the merits of the claims asserted.
SECTION 37 — DATA PRIVACY
37.1 Data Collection. In connection with this Agreement, the Company collects personal information from Client and may collect information about event guests, including names, contact information, and payment data. The Company’s collection and use of personal data is governed by the Company’s Privacy Policy, available at the Premises and upon request.
37.2 Nebraska Data Privacy Act. The Company processes personal data in compliance with the Nebraska Data Privacy Act (Neb. Rev. Stat. § 87-97-101 et seq., effective January 1, 2025) and other applicable federal and state privacy laws. Consumers have the right to access, correct, delete, and obtain a copy of their personal data, and to opt out of the sale of personal data or its use for targeted advertising.
37.3 Data Security. The Company maintains reasonable technical and organizational security measures to protect personal data against unauthorized access, disclosure, or loss, consistent with the Nebraska Financial Data Protection and Consumer Notification of Data Security Breach Act (Neb. Rev. Stat. § 87-801 et seq.). In the event of a data breach affecting Client’s personal data, the Company will notify Client in accordance with applicable law.
37.4 Children’s Data. The Company processes personal data of children under the age of 13 only with verifiable parental consent, in compliance with the federal Children’s Online Privacy Protection Act (COPPA) and the Nebraska Data Privacy Act.
37.5 Data Retention. The Company retains personal data only as long as necessary for the purposes for which it was collected or as required by law. Payment card data is handled in accordance with PCI-DSS standards and is not retained beyond the period required for transaction processing and dispute resolution.
SECTION 38 — ACCESSIBILITY (ADA COMPLIANCE)
38.1 Company’s Obligations. The Company warrants that the Premises comply with the accessibility requirements of Title III of the Americans with Disabilities Act (42 U.S.C. § 12181 et seq.) and applicable Nebraska accessibility standards, including accessible parking, entrances, restrooms, and common areas.
38.2 Client’s Obligations. Client is responsible for ensuring that the event program, materials, and communications are accessible to guests with disabilities, including providing sign language interpreters, accessible formats for printed materials, or other accommodations as may be required for Client’s specific guest population.
38.3 Accommodation Requests. Guests requiring specific accessibility accommodations at the Premises should contact the Company’s Event Office at least five (5) business days prior to the event. The Company will make reasonable efforts to accommodate such requests.
SECTION 39 — EMERGENCY AND SAFETY PROCEDURES
39.1 Company’s Safety Obligations. The Company maintains first aid supplies, trained staff, and emergency response protocols at the Premises. In the event of a medical emergency, the Company will contact emergency services (911) and provide reasonable first aid assistance pending their arrival.
39.2 Client’s Obligations. Client shall immediately notify the Company’s staff of any injury, accident, or medical emergency involving any guest. Client shall not attempt to move an injured person unless directed to do so by trained medical personnel or the Company’s staff.
39.3 Medical Information. For events involving minors or guests with known medical conditions, Client is encouraged to provide the Company’s Event Coordinator with relevant medical information (e.g., severe allergies, medical conditions affecting Attraction participation) in advance of the event to enable appropriate accommodations.
39.4 Incident Documentation. The Company will document all reported incidents and injuries occurring on the Premises. Client agrees to cooperate with the Company’s incident documentation process.
SECTION 40 — INSURANCE
40.1 Company’s Insurance. The Company maintains commercial general liability insurance coverage appropriate for its operations.
40.2 Client’s Insurance (Recommended). For events with more than fifty (50) guests or events involving outside vendors, the Company strongly recommends that Client obtain a Special Event Insurance policy with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, naming Kidlavie Nebraska LLC as an additional insured. Client may be required to provide evidence of such insurance as a condition of approval for certain event types.
41.3 Vendor Insurance. All outside vendors must provide evidence of insurance as specified in Section 13.2.
SECTION 41 — SERVICE STANDARDS AND COMPANY WARRANTIES
The Company warrants that on the date of the event: (a) the Premises will be clean, safe, and in good operational condition; (b) the Attractions specified in Client’s package will be available and operational, or a comparable alternative will be offered; (c) the food and beverage items specified in the Final Guarantee will be prepared and served in accordance with applicable food safety standards; and (d) the Company will provide the staffing levels necessary to deliver the contracted services. In the event of a material failure of any of these warranties that is within the Company’s reasonable control, the Company will work in good faith with Client to provide a remedy, which may include a partial credit or refund proportionate to the impact of the failure.
SECTION 42 — COUNTERPARTS AND ELECTRONIC SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same agreement. Electronic signatures (including signatures transmitted by PDF, DocuSign, or similar electronic signature platforms) shall be deemed valid and binding to the same extent as original ink signatures.
SECTION 43 — NON-WAIVER
No failure or delay by either Party in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. Acceptance of payments by the Company following a default shall not constitute a waiver of any right or remedy.
SECTION 44 — SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed from this Agreement if modification is not possible, and the remaining provisions of this Agreement shall continue in full force and effect.
SECTION 45 — ENTIRE AGREEMENT AND AMENDMENTS
This Agreement, together with all Exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless made in writing and signed by authorized representatives of both Parties.
SECTION 46 — HEADINGS
Section headings are included for convenience of reference only and shall not affect the interpretation or construction of this Agreement.
SECTION 47 — NOTICES
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered: (a) upon personal delivery; (b) one (1) business day after deposit with a nationally recognized overnight courier; (c) three (3) business days after deposit in the U.S. mail, postage prepaid, certified mail, return receipt requested; or (d) upon confirmation of receipt when sent by email, provided a copy is simultaneously sent by one of the foregoing methods.
Notices to the Company shall be addressed to:
Kidlavie Nebraska LLCAttn: Event Office
Oak View Mall, 3001 S 144th St, suite J09, Omaha, NE 68144
Email: customerservice@kidlavie.com
Notices to Client shall be addressed to the contact information provided on the cover page of this Agreement.
EXHIBIT A — MINOR PARTICIPANT WAIVER AND RELEASE OF LIABILITY
Kidlavie Nebraska LLC 3001 S 144th St, Omaha, NE 68144
IMPORTANT: THIS IS A LEGAL DOCUMENT. BY SIGNING BELOW, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS ON BEHALF OF YOUR MINOR CHILD. PLEASE READ CAREFULLY BEFORE SIGNING.
The activities at Kidlavie Alabama LLC, Kidlavie Nebraska LLC, Kidlavie Management LLC, Kidlavie Family Park and Restaurant DBA Kidlavie, its affiliates, subsidiaries, and associated and related entities (collectively “Kidlavie”) including, but are not limited to, trampoline bouncing, trampoline dodgeball, trampoline classes/instruction, bounce house, slide rides, zip-line, immersive playground, sand pit; recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests, classes, and instruction; individual use of facilities, equipment, shower/locker room areas, and all premises including the cafe, restaurant, workshop and play kitchen, arcade, party rooms elevator, stairs, associated sidewalks and parking lots (collectively, the “Activities”). These Activities provide an opportunity for fun; improved physical fitness; vigorous, healthful exercise; exciting group competition; improved agility and balance; wholesome recreation; and other benefits. Trampolining is an Activity which involves certain risks. The activity and exertion level can range from moderate to very vigorous depending upon your desire. The Activity is suitable for those with trampoline experience as well as those with absolutely no experience who use sufficient caution. Bouncing Activities are the heart of the Kidlavie and can range from basic bounces to more challenging maneuvers; from moderate exercise to very vigorous and challenging exercise. Tube slides and rides involve vigorous competition as competitive teams throw foam balls at each other both in casual games and in league competition.
Kidlavie regards your safety and the safety of others as a top priority. However, regardless of the care taken to avoid injuries or responding to health or medical issues, some risks are inherent in the Activity and cannot be totally eliminated. These inherent risks include, but are not limited to, falls, collisions with other participants (hereafter referred to as “CO-PARTICIPANTS”), contacting a hard surface (e.g., an uncovered beam, frame, or rail; exposed springs or hooks), landing incorrectly, double bouncing (two on the same trampoline), weight differences between you and CO-PARTICIPANTS, catching a foot or other body part under a pad, strikes by dodgeballs or other equipment, and slipping or tripping in the facility. Inherent risks also include unexpected equipment failure; unknown facility hazards; careless behavior by you or CO-PARTICIPANTS; errors in judgment by a Kidlavie employee; and injuries caused by negligence on the part of Kidlavie, its employees, you or CO-PARTICIPANTS.
ASSUMPTION OF INHERENT RISKS
I UNDERSTAND THAT THE INHERENT RISKS OF KIDLAVIE ACTIVITIES ARE SERIOUS AND THAT SOME OF THESE ACTIVITIES INVOLVE RISKS REGARDLESS OF THE CARE TAKEN BY KIDLAVIE. I REALIZE THAT KIDLAVIE ACTIVITIES REQUIRE SOME DEGREE OF SKILL, COORDINATION, AND PHYSICAL FITNESS. I HAVE READ THE PREVIOUS PARAGRAPHS AND:
1. I FULLY KNOW THE NATURE OF THE KIDLAVIE AND THE ACTIVITIES;
2. I UNDERSTAND THE DEMANDS OF THOSE ACTIVITIES RELATIVE TO MY PHYSICAL CONDITION, ABILITIES, LIMITATIONS AND SKILL LEVEL; AND
3. I FULLY APPRECIATE THE TYPES OF INJURIES THAT MAY OCCUR AS A RESULT OF SUCH ACTIVITIES.
I HEREBY ASSERT THAT MY, AND, IF APPLICABLE, MY CHILD’S OR WARD’S, PARTICIPATION AT A KIDLAVIE PROPERTY, PARK OR FACILITY IS VOLUNTARY AND THAT I KNOWINGLY ASSUME ALL INHERENT RISKS OF THE ACTIVITY ON BEHALF OF MYSELF AND, IF APPLICABLE, MY CHILD OR WARD.
Release of Liability for Ordinary Negligence of Kidlavie
In consideration of permission to use the property, facilities, equipment, and services of Kidlavie, today and on all future dates, I, on behalf of myself, my child or ward, my spouse, heirs, personal representatives, my estate, my parents and assigns (referred to hereafter as “RELEASING PARTIES”) do hereby waive, release, discharge and covenant not to sue Kidlavie, and their respective owners, directors, officers, employees, volunteers, independent contractors, agents, affiliates, successors, assigns, and equipment suppliers (referred to hereafter as “PROTECTED PARTIES”) from liability from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, grievances, penalties, wages, pain and suffering, mental anguish, emotional distress, expenses, and/or punitive damages, interest, and/or legal fees of every kind and nature, whether known or unknown, in law or equity, including without limitation, on account of injury, death, property damage or other any other damages whatsoever arising out of or attributable to my participation in the activities, due to any cause whatsoever, including without limitation the negligence of the PROTECTED PARTIES, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise (collectively, “Claims”), arising from the use of Kidlavie property, park, facilities, equipment and services, including any injury or death resulting from the ordinary negligence of the PROTECTED PARTIES. The scope of this release is intended to be one that is given the fullest effect under the law, and encompasses any Claims for ordinary negligence, including, but not limited to medical treatment provided, and/or not provided in the event of an incident at the facility (whether due to the participation in the Activities or otherwise). The RELEASING PARTIES covenant not to make or bring any such Claim against the PROTECTED PARTIES, and forever release and discharge the PROTECTED PARTIES from liability under such Claims.
This Release applies to:
1. Personal injury, including death, from incidents or illnesses arising from participation in Kidlavie Activities;
2. Any and all Claims resulting from the damage to, loss of, or theft of property; and
3. Consequential and other damages, such as but not limited to your inability to work, resulting from any injury or loss.
Indemnification
The RELEASING PARTIES agree to hold harmless, defend, and indemnify the PROTECTED PARTIES (that is, defend and pay any judgment and costs, including investigation costs, attorneys’ fees, experts’ fees and related expenses) from any and all Claims brought by the RELEASING PARTIES arising from and/or related to my and, if applicable, my child’s or ward’s, death, injury, or loss due to involvement in Kidlavie Activities (including those arising from the inherent risks of the Activity and/or the ordinary negligence of the PROTECTED PARTIES.)
The RELEASING PARTIES further agree to hold harmless, defend, and indemnify the PROTECTED PARTIES (that is, defend and pay any judgment and costs, including investigation costs, attorneys’ fees, experts’ fees and related expenses) against any and all Claims brought by CO-PARTICIPANTS, rescuers, and others arising from and/or related to my and, if applicable, my child’s or ward’s, conduct in the course of using the Kidlavie park, property, facilities, equipment or services.
The RELEASING PARTIES hereby consent to receive medical treatment deemed necessary if the RELEASING PARTIES are injured or require medical attention during the RELEASING PARTIES’ participation in the Activity. The RELEASING PARTIES understand and agree that the RELEASING PARTIES are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. The RELEASING PARTIES hereby release, forever discharge, and hold harmless the PROTECTED PARTIES from any Claim based on such treatment or other medical services.
Clarifying Clauses
1. I, on behalf of myself and, if applicable, my child or ward, confirm that this Release supersedes any and all previous oral or written promises or agreements. I understand that this Release is the entire agreement between me and, if applicable, my child or ward, and Kidlavie and cannot be modified or changed in any way by representations or statements by any agent or employee of Kidlavie.
2. I, on behalf of myself and, if applicable, my child or ward, further expressly agree that this Release is intended to be as broad and inclusive as is permitted by the laws of the State of Alabama or Nebraska and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
3. I, on behalf of myself and, if applicable, my child or ward, agree that if any dispute shall arise from this Release or from my or my child’s or ward’s use of the Kidlavie park, property, facilities, equipment, or services, I and, if applicable, my child or ward, shall first engage in good faith efforts to mediate the dispute. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I, on behalf of myself and, if applicable, my child or ward, agree that all disputes, controversies, or Claims arising out of this Release or use of the Kidlavie park, property, facilities, equipment, or services shall be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall have no power to make any errors of law or of legal reasoning. The arbitration shall be held in the City of Mobile, State of Alabama or the City of Omaha, State of Nebraska.
4. I acknowledge that PROTECTED PARTIES are providing recreational services, and not selling or leasing a product. By payment of any fee to such parties, I, and/or the minor(s) listed below, obtain a non-exclusive license to use the offerings at the facility. As such, PROTECTED PARTIES cannot be held liable under any products/strict liability Claim.
5. This Release is binding on and shall inure to the benefit of the PROTECTED PARTIES and their respective successors and assigns.
Acknowledgements to Promote Safety at Kidlavie Family Park and Restaurant
These acknowledgements aid Kidlavie Family Park and Restaurant in providing for your safety.
Likeness Release
I, on behalf of myself and, if applicable, my child or ward, grant to Kidlavie, its licensees, successors and assign, a non-exclusive, irrevocable license to distribute, record, broadcast, exhibit, advertise and disseminate in perpetuity through the world the following elements: my, my child or ward’s name, likeness, voice, biographical material, suggestions, stories about me, my child or ward, materials, including, but not limited to photos and videos, ideas, and any actions performed by me, my child or ward or words spoken by me, my child or ward on or in connection with the Activities (hereinafter, “Participant’s Likeness”) either in whole or in part. I, on behalf of myself and, if applicable, my child or ward, acknowledge and agree that Kidlavie will own all right, title and interest in any and all results and proceeds from use of Participant’s Likeness in any and all media now known or hereafter devised without compensation or benefits of any kind. Kidlavie is not obligated to actually use Participant’s Likeness.
Acknowledgment of Understanding
I understand that I am giving up substantial legal rights, including my rights, the rights of my child or ward, if applicable, and the rights of any RELEASING PARTY to sue for damages in the event of death, injury or loss. I further acknowledge that I, on behalf of myself and, if applicable, my child or ward, am signing this Release freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability, including that due to inherent risks of the Activity or ordinary negligence by the PROTECTED PARTIES, to the greatest extent allowed by law. If applicable, I am the parent or legal guardian of the minor named below. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release.
EXHIBIT B — SUMMARY OF KEY TERMS (CLIENT REFERENCE)
This summary is provided for Client’s convenience only and does not replace or modify the full terms of the Agreement. In the event of any conflict between this summary and the Agreement, the Agreement shall control.
| Topic | Key Terms |
|---|---|
| Signing Deadline | 5 business days from receipt of Agreement |
| Deposit | 40% of subtotal, due at signing |
| Final Balance | 60% of subtotal, due on the day of the event before start |
| Cancellation — more than 28 days (4+ weeks) | Full deposit refund |
| Cancellation — 15 to 28 days (2–4 weeks) | 50% deposit refund |
| Cancellation — 14 days or less (≤2 weeks) | Deposit forfeited; rescheduling within 30 days available |
| Rescheduling | Free if 28+ days before event; deposit applied to new date if ≤14 days (within 30 days) |
| Order Changes Deadline | 72 hours before event; later changes not guaranteed |
| Food Allergy Notice | Required in writing, 72 hours before event |
| Outside Food | Birthday cake/cupcakes only, with purchase receipt |
| Party Room Extension | Only if space available; general seating not guaranteed |
| Final Guarantee Deadline | 3 business days before event (12:00 p.m. CT) |
| Outside Vendors | Prior written approval required; COI required |
| Minors Under 15 | Must be accompanied by adult 25+ |
| Minor Supervision | Parents/guardians responsible; no childcare provided by staff |
| Minor Waiver | Required for all minors participating in Attractions |
| Alcohol | ID required for guests under 30; 5-hour maximum service |
| Accepted Payments | Credit/debit card, corporate check, money order, cash |
| Governing Law | State of Nebraska |
| Dispute Resolution | Negotiation → Mediation → Court (Douglas County, NE) |
| Attorneys’ Fees | Prevailing party recovers fees |
