THE BREAK ROOM LIABILITY WAIVER

The Break Room Warning, Assumption of Risk, Release of Liability and Indemnification Agreement

PLEASE READ CAREFULLY BEFORE SIGNING.  THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.

1.    Definitions.  The person who is using The Break Room shall be referred to hereinafter as “Participant”.  The “Undersigned” means only the Participate when the Participant is 18 years of age or older, OR it means both the Participate and the Participant’s parents or legal guardian when the Participant is under the age of 18.  “Released Parties” means The Break Room LLC d/b/a Break Room, or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members and shareholders.  The “Activity” means using The Break Room, and its tools, equipment, goods and merchandise, and using the facilities for any purpose, including, but not limited to the manual destruction of equipment, furniture, lighting, artwork, glassware, appliances, tools, recreational equipment and electronics (collectively the “Room Contents”), for entertainment purposes.  The “Premises” means The Break Room and the facilities.

2.    Risk of Activity.  The Undersigned agree and understand that taking part in the activity of the physical destruction of the Room Contents can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.  The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity.  The risks and dangers of the Activity include, but are not limited to:  cuts; bruises; slip and fall; entanglement; impacts; collisions with other participants; striking or being struck by tools and equipment; and other manmade and natural objects; equipment failure and/or defects; operator error; mental distress from exposure to any of the above;  and negligence of others.  THE UNDERSIGNED ACKNOWLEDGES AND UNDERSTAND THAT THE DESRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.

3.    Release, Indemnification and Assumption of Risk.  In consideration of the Participant being permitted to participate in the Activity, the Undersigned agree as follows:

(a) Release.  THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE AND AGREE NOT TO SUE, OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them have, or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.

(b) Indemnification.  The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims and demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participants participation in the Activity, including, but not limited to claims of negligence, breach of warranty, or breach of contract.

(c) Assumption of Risk.  The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness and negligence of the Released Parties.  By signing this document, the Undersigned recognizes that property loss, injury and death are all possible while participating in the Activity.  RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.

4. Acknowledgement by Participant under the age of 18.  In the case of a Participant under the age of 18, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the Participant under the age of 18, and that the Participant under the age of 18 shall be bound by all of the terms of this Agreement.  Additionally, by signing this Agreement as the parent or legal guardian of a Participant under the age of 18, the parent or legal guardian understands that he/she is also waiving rights on behalf of the Participant under the age of 18 that the Participant under the age of 18 otherwise may have.  The Undersigned parent or legal guardian agrees that, but for the foregoing, the Participant under the age of 18 would not be permitted to participate in the Activity.  By signing this Agreement without a parent or legal guardian’s signature, Participant, under the penalty of fraud, represents that he/she is at least 18 years of age.  If signing as the parent or legal guardian of a Participant under the age of 18, signing adults represent that they are the legal parent or guardian of the Participant who is under the age of 18.

5. Mandatory Instruction of Participants Under the Age of 18.  The Undersigned parent or legal guardian for any Participant under the age of 18, agrees and understands that a mandatory instruction session IS REQUIRED regardless of the experience of the Participant with tools and equipment under the age of 18.  This is due to requirements imposed by insurers of the facilities where the Activity is to take place.

6. Medical Care.  The Undersigned authorize the Released Parties and/or the authorized personnel to call for medical care for Participant, or to transport Participant to a medical facility or hospital, if, in the opinion of such personnel, medical attention is needed.  The Undersigned agree to pay all costs associated with such medical care and related transportation.

7. Declaration of Physical Fitness to Participate.  The Undersigned agrees and declares that the Participant is physically fit to participate in the above referenced physical activity and that the Participant does not have, and does not suffer from any of the following conditions, which the Undersigned understands may lead to a dangerous situation with regard to the Participant, or to other participants during the participation of the Participant in the Activity:  epilepsy; fits; seizures; severe head injury; recurrent blackouts or giddiness; disease of the brain or mental illness;  drug or alcohol addiction; recent back surgery; arthritis and severe joint sprains; chronic bronchitis; asthma; rheumatic fever; thyroid adrenal or other glandular disorder; recent blood donation or any other condition that requires the regular use of prescription medication.

8. Use of Protective Eyewear and Safety Helmet.  The Undersigned understands and agrees that each Participant is required to wear and use proper safety equipment, whether required by the state or local law or not.  Each Participant will wear protective eyewear and a safety helmet, at all times when the Participant is Participating the Activity.

9. Drugs and Alcohol Policy.  The use of drugs and/or alcohol on the premises is STRICTLY PROHIBITED.  Any Participant found with drugs or alcohol in their possession will be required to leave the Premises.  In addition, if any The Break Room staff member suspects, or believes Participant is (a) under the influence of drugs and/or alcohol, or (b) takes or consumes alcohol or drugs, the Undersigned acknowledges that the Participant will be required to exit the Premises without a refund of any fee paid by Participant.

10. Photo and Video Release.  The Undersigned for sufficient consideration, receipt of which is hereby acknowledged, hereby irrevocably grant the released parties the rights to record my likeness and/or voice on tape, film or digital media, to edit such tape, film or digital media at its discretion;  to incorporate the same into video, TV, radio, web or print advertisement or video;  and to use or authorize the use of such tape, film and videotape or any portion thereof in any manner or media at any time through the world in perpetuity and to use the likeness, voice, biographical and other information concerning the Participant in connection therewith, including the promotion in all media without any compensation to me.  I hereby release the Released Parties and anyone using said tape, film or digital media from any and all claims, damages, liabilities costs and expenses which I now have or may hereafter acquire by reason of any use thereof.  The Undersigned hereby grants the Releases Parties, their successors, affiliates, and partners the exclusive right to review, edit and control all tape, film or digital media that is created or owned by the Participant that depicts the Premises or had been recorded at the Premises.  The Undersigned understands and acknowledges that the Released Parties, their successors, affiliates and partners have sole and exclusive control of any tapes, films and digital media that depicts the Premises or is recorded upon the Premises and that they may, in their sole discretion, request that the Undersigned remove any such tape, film or digital media from the possession of the Undersigned or from any website, file or video.  The Undersigned further understands and agrees that should the Undersigned fail to comply with such a request or otherwise fail to cooperate or fail to cause any tape, film or digital media to be removed, the Undersigned agrees to pay the Released Parties, their successors, affiliates and partners, all costs, including reasonable attorneys’ fees incurred in obtaining such removal.  The Undersigned further agrees that the Released Parties may obtain appropriate injunctive relief against the Undersigned without need for any bond, and that the Undersigned will be liable for all damages that the Released Parties suffer as a result of the Undersigned failing to comply with this provision of this Agreement.

11. NON-COMPETE AGREEMENT

This NON-COMPETE AGREEMENT (this "Agreement") is made and entered into as of the date listed in the signature block (the "Effective Date"), by and betweenThe Break Room, LLC (the "Company" or "Disclosing Party") located at 1947 Belgrade Ave, Charleston, South Carolina 29407 and The Guest Herein (the "Recipient"). Company and Recipient may be referred to individually as the "Party", or collectively, the "Parties".

A. NON-COMPETE

Throughout the duration of this Agreement the Recipient shall not, in any manner, represent, provide services or engage in any aspects of business that would be deemed similar in nature to the business of The Break Room, LLc without the written consent ofThe Break Room, LLc.

The Recipient warrants and guarantees that throughout the duration of this Agreement and for a period of one year following the culmination, completion or termination of this Agreement, that Recipient shall not directly or indirectly engage in any business that would be considered similar in nature to the business engaged in by The Break Room, LLc, its subsidiaries, and any current or former clients and/or customers within a 100 mile radius of Charleston, South Carolina.

B. NON-SOLICITATION

Recipient understands and agrees that any attempt on the part of Recipient to induce Company's employees to leave Company's workforce, or any effort by Recipient to interfere with Company's relationship with its employees would be harmful and damaging to Company. Recipient agrees that during the duration of this Agreement, and for a period of one year following the culmination, completion or termination of this Agreement, Recipient will not in any way, directly or indirectly:

C. CONFIDENTIAL INFORMATION

(i) Induce or attempt to induce any employee of Company to quit employment with Company;

(ii) Otherwise interfere with or disrupt Company's relationship with its employees;

(iii) Discuss employment opportunities or provide information about competitive employment to any of Company's employees; or

(iv) Solicit, entice, or hire away any employee of Company for the purpose of an employment opportunity that is in competition with Company.

By definition herein, "Confidential Information" shall mean any and all technical and non-technical information provided by The Break Room, LLc, including but not limited to, any data, files, reports, accounts, or any proprietary information in any way related to products, services, processes, database, plans, methods, research, development, programs, software, authorship, customer lists, vendor lists, suppliers, marketing or advertising plans, methods, reports, analysis, financial or statistical information, and any other material related or pertaining to any business of The Break Room, LLc, its subsidiaries, respective clients, consultants or vendors that may be disclosed to the Recipient herein contained within the terms of this Agreement.

The Recipient shall not in any manner or form, at any time disclose, reveal, unveil, divulge or release, either directly or indirectly, any aforementioned proprietary or confidential information for personal use or for the benefit of any third party and shall at all times endeavor to protect all Confidential Information belonging to the Company.

D. INJUNCTIVE RELIEF

The Recipient herein acknowledges (i) the unique nature of the protections and provisions established and contained within this Agreement, (ii) that the Company shall suffer irreparable harm if the Recipient should breach any of said protections or provisions, and (iii) that monetary damages would be inadequate to compensate the Company for said breach. Therefore, should the Recipient cause a breach of any of the provisions contained within this Agreement, the Company shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce said provisions.

E. ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement between Company and Recipient, replacing all other written and/or previous agreements.

F. AMENDMENTS

This Agreement may be amended only by an instrument in writing that is signed by both Parties. Amendments to this Agreement will be effective as of the date stipulated therein.

G. SEVERABILITY

Company and Recipient acknowledge that this Agreement is reasonable, valid and enforceable. However, if any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the Parties' intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

H. WAIVER

If either Party fails to enforce any provision contained within this Agreement, it shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

I. GOVERNING LAW

This Agreement is to be construed pursuant to the current laws of the State ofSouth Carolina. Jurisdiction and venue for any claim arising out of this Agreement shall be made in the State of South Carolina, in the County ofCharleston .

J. INTERPRETATION

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

K. COUNTERPARTS

This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.

L. SUCCESSORS AND ASSIGNS

Except as otherwise provided in this Agreement, this Agreement is binding upon, and inures to the benefit of, the Parties and their respective successors and assigns.

M. EFFECT OF TITLE AND HEADINGS

The title of this Agreement and the headings of its sections are included for convenience and shall not affect the meaning of the Agreement or the section.

N. ATTORNEYS FEES

If any legal proceeding is brought for the enforcement of this Agreement, or because of an alleged breach, default or misrepresentation in connection with any provision of this Agreement or other dispute concerning this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees incurred in connection with such legal proceeding. The term "prevailing party" shall mean the party that is entitled to recover its costs in the proceeding under applicable law, or the party designated as such by the court.

12. Miscellaneous.  The Undersigned further agree and understand that:  (a)  Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances;  (b)  this Agreement shall be governed by the laws of the State of South Carolina and the exclusive jurisdiction and venue for any claim arising out of this Agreement shall be the State courts located in Charleston County, South Carolina, and the Undersigned expressly agree and consent to jurisdiction in said court;  (c)  this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications or representations, whether oral or written, between the parties relating to the subject matter hereof;  (d) I understand and agree that any intentional damage caused to the premises by myself or those in my party, other than the purchased materials purchased for such use, will be invoiced to me for the full amount of said damage. Moreover, I agree to pay for any additional items destroyed by myself or those in my party that have not yet been purchased, and/or sought out of my own accord and not received from a staff member; (e) I hereby agree to indemnify and hold harmless The Break Room, LLC and all of its officers and contituents in the event of viralogical contraction including but not limited to, Covid-19; (f) Participant agrees to indemnify and hold harmless the break room LLC and any of its constiuents in the event that injury results from voluntarily denial of protective equipment (coveralls) for sake of seasonally influenced comfort; Face protection and hand protection must be worn indefinitely when participating in activites at The Break Room (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law.  If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.  It is the intent of the Undersigned that this Agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.

I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS.  I UNDERSTAND AND AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

Today's Date: March 26, 2025