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WONDERFLY EVENTS LLC

UNIVERSAL PARTICIPATION, ASSUMPTION-OF-RISK & INDEMNITY AGREEMENT

(Covers Wonderfly Games off-site activities and Wonderfly base at 4811 Benson Ave, Arbutus MD 21227)

READ CAREFULLY — THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.

By taking possession of Wonderfly equipment, allowing it to be set up, spectating, or taking part in any Activity, you agree to all terms below for yourself and for any minor you sign for. IF YOU DO NOT AGREE, DO NOT PARTICIPATE.

1. DEFINITIONS

  • Wonderfly – Wonderfly Events LLC and its d/b/a entities (including Wonderfly Games), owners, managers, employees, contractors, insurers, and landlords.
  • Premises – (i) Wonderfly’s base at 4811 Benson Ave, Arbutus MD 21227; and (ii) any off-site location—indoor or outdoor—where Wonderfly equipment is delivered, staged, or used, including public parks, private venues, schools, gyms, commercial or residential property, and adjacent parking or staging areas. This includes periods when equipment is being loaded, transported, or unloaded from Wonderfly vehicles or staff personal vehicles.
  • Participant – any person who takes possession of, uses, supervises, sets up, loads, unloads, or otherwise comes in contact with Wonderfly equipment.
  • Transportation Phase – period when equipment is being moved in or out of vehicles; deemed part of ‘Activities.’
  • Activities – All games, sports, interactive experiences, and entertainment offered or delivered by Wonderfly Games, including, without limitation: Laser Tag; Bubble Ball; Hamster Ball/Zorbs; 12-ft Inflatable Velcro Dartboard/Target; Foam Machine & Foam Pit; Inflatable Obstacle Course; Inflatable Warped/Ninja Wall; Giant games (Cornhole, Jenga®, Connect 4, Pong buckets, Chess); Arrow Tag/Archery Tag; and similar inflatable or recreational equipment.
  • Event Use – Any rental or gathering on the Premises where no Activities are provided.
  • Agreement Term – Applies to today’s event and every future Wonderfly Games event within twelve (12) months, unless revoked in writing.

Customer Venue & Permit Responsibility. The customer is solely responsible for securing a venue that meets Wonderfly’s field-size, surface, and power requirements and for obtaining all permits or approvals. If any authority curtails the event for lack of approval, Participant waives any refund and accepts all resulting losses.

2. ACTIVITIES & INHERENT RISKS

ACTIVITIES INVOLVE MOVING EQUIPMENT, INFLATABLES, FOAM, PROJECTILES, VARIABLE LIGHTING, AMPLIFIED SOUND, TURF, ASPHALT, CONCRETE, GRASS, AND OTHER HARD OR UNEVEN SURFACES. INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, SLIPS, TRIPS, COLLISIONS, FALLS, BEING STRUCK, EQUIPMENT MALFUNCTION, WEATHER-RELATED HAZARDS, SUDDEN FLASHING OR LOUD STIMULI, EMOTIONAL STRESS, ALLERGIC REACTIONS, HEAT EXHAUSTION, ELECTRICAL SHOCK, GENERATOR FUMES, ANCHOR FAILURE, SUFFOCATION, MOTOR-VEHICLE IMPACT DURING LOADING/UNLOADING, PARALYSIS, AND DEATH.

YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS OF PARTICIPATION OR SPECTATING.

3. HEALTH, MEDICAL & COMMUNICABLE DISEASES

  • Wonderfly provides no medical, health, or disability insurance. You authorize emergency care and agree to pay all costs.
  • You certify you (and any minor) are fit to participate and are not experiencing known symptoms of a communicable disease (e.g., COVID-19, influenza, RSV).
  • You waive and release claims for exposure to any communicable disease that is not the result of Wonderfly’s gross negligence.

4. VENDORS (THIRD-PARTY PROVIDERS)

A. Independent Contractor Status.

All third-party vendors (caterers, DJs, rental companies, entertainers, photographers, instructors, security, etc.) are INDEPENDENT CONTRACTORS and NOT agents, partners, or employees of Wonderfly. No joint venture, partnership, or agency is created by their presence at the event.

B. Required Insurance.

Each vendor shall, at its own expense, maintain and keep in force through the event:

  1. Commercial General Liability: US $1 million per occurrence / US $2 million aggregate, PRIMARY AND NON-CONTRIBUTORY, naming Wonderfly Events LLC, its landlords, officers, managers, employees, and insurers as Additional Insureds with CG 20 10 11 85 or equivalent endorsement.
  2. Commercial Auto Liability (if vehicles used on-site): US $1 million CSL.
  3. Workers’ Compensation & Employers’ Liability: Statutory limits (if vendor has employees).
  4. Liquor Liability (if serving or selling alcohol): US $1 million combined single limit.
  5. Waiver of Subrogation in favor of Wonderfly on all applicable policies.

Certificates evidencing the above coverage must be provided to Wonderfly at least seven (7) days prior to the event; failure to deliver may result in exclusion from the Premises without refund to Participant.

C. Vendor Indemnity & Hold Harmless.

Each vendor shall defend, indemnify, and hold harmless Wonderfly and its landlords from and against any claims, demands, damages, losses, or expenses (including attorneys’ fees) arising out of or related to the vendor’s acts, omissions, equipment, products, or personnel, except to the extent caused by Wonderfly’s own negligence or willful misconduct.

D. Safety & Coordination.

Vendors must: (i) comply with Wonderfly’s safety instructions; (ii) keep all cords, cables, inflatables, or structures properly secured and weighted; (iii) keep fire exits and ingress/egress clear; and (iv) immediately remove any equipment deemed unsafe by Wonderfly staff. Wonderfly may eject or shut down any vendor activity that it deems hazardous or non-compliant, without liability for refunds or consequential damages.

E. Restricted Areas.

Vendors shall not enter Wonderfly vehicles, trailers, storage zones, or staff-only areas without prior written permission.

F. Incident Reporting.

Vendor must promptly notify Wonderfly staff of any property damage, personal injury, or safety incident involving vendor equipment or personnel and cooperate in any subsequent investigation.

G. Limitation of Wonderfly Liability.

Wonderfly DISCLAIMS ALL RESPONSIBILITY FOR VENDOR EQUIPMENT, SERVICES, OR PERSONNEL, including setup delays, performance quality, food safety, product defects, or any bodily injury or property damage caused by vendors. Participant assumes the risk of hiring or allowing any third-party vendor on the Premises.

5. RESTRICTED-AREA / NO-ACCESS CLAUSE

Equipment-storage areas, vehicles, trailer interiors, inflation blowers, and any space marked “STAFF ONLY” are off-limits. Trespass or tampering is grounds for ejection without refund and may result in civil or criminal liability.

6. CONDUCT & SUPERVISION (CODE OF PATRON RESPONSIBILITY) 

  • Intended Use Only. Use equipment only as instructed. Participant is liable for misuse damage.
  • Prohibited Conduct. No head-to-head hits, slide-tackles, intentional collisions, rolling down hills, slip-and-slide use, human bowling, sumo, “last-man-standing,” or firing Nerf®/Arrow-Tag projectiles at anyone lacking required eye/face protection.
  • Bubble Ball Safety. Bubble Ball may be played only on flat surfaces with Wonderfly staff permission and supervision. Players must not: (i) hit from behind or head-first; (ii) strike or run full-speed into another person (inside or outside a bubble); (iii) jump into others or while inside the bubble; (iv) bump yourself or anyone into walls, poles, or objects; or (v) collide intentionally. If a bubble is loose, low on air, or improperly adjusted, you must stop play immediately and notify staff.
  • Arrow Tag / Archery Tag Safety: Participation is allowed only on the turf field, only with Wonderfly staff permission, and only after receiving safety instruction and wearing a face mask. Never fire if the foam tip is loose or missing, never aim at anyone without a mask, never shoot off-field, and do not shoot at players closer than 20 feet or those standing in the center safe zone. Stop play immediately when staff announce the game is over. Never grab an arrow if another player is already holding it; if two players are holding the same arrow, both must release it immediately.
  • Hamster Ball Safety: Enter the ball only with Wonderfly staff permission and after a safety briefing; always crawl in head-first, shoes off, no jumping or diving. Inside the ball you may walk or jog only—no flips, jumps, dives, or collisions with walls, objects, other balls, or guests. Do not propel the ball into anything. Exit slowly, feet-first, with staff assistance; never jump, dive, or roll out.
  • Supervision. Participant is solely responsible for supervising any minor signed for.
  • Footwear & Attire. Closed-toe athletic shoes required; no cleats, flip-flops, or loose objects.
  • Medical Fitness & Advice. Do not participate against medical advice or with aggravated conditions.
  • Weather Policy. Wonderfly may cancel/postpone for rain, thunder, winds > 20 mph, standing water, muddy ground, or real-feel < 40 °F or > 95 °F. Free reschedule up to six (6) hours pre-event. Wonderfly’s safety decision is final and non-appealable; continuing to play against staff advice voids any refund, reschedule, or warranty claim.
  • Hydration & Heat. Hydrate; stop at first sign of heat exhaustion.
  • Substance Use. No drugs or alcohol while participating.
  • Cleanup Fee & Rule Violation Fee. Excess mud, vomit, or bio-hazard may incur a charge up to US $250 (or Wonderfly’s actual cost, whichever is less, per occurence).
  • Identity Verification. Wonderfly may inspect government ID to verify age/identity.
  • Age & Proximity. Children under five (5) must stay 15 ft from play zones and may not participate.
  • Field Inspection & Signage. Customer/host must ensure play zone is free of holes, debris, wet spots, and must post Wonderfly “Play at Your Own Risk” signage.
  • Liability for Rule Violation. Participant understands violating these rules may cause injury to self or others and accepts responsibility.
  • Safety Briefing. Do not use equipment until briefed and cleared by Wonderfly staff.

7. ASSUMPTION OF RISK, PARTICIPANT INDEMNITY & COVENANT NOT TO SUE

A. ASSUMPTION OF INHERENT RISKS (Md. Code Cts. & Jud. Proc. § 5-401.2): Participant acknowledges the INHERENT RISKS described in § 2 and VOLUNTARILY, KNOWINGLY, AND EXPRESSLY ASSUMES ALL SUCH RISKS, whether an Activity is supervised or unsupervised and whether injury occurs during play, set-up, take-down, loading, unloading, or transportation of equipment.

B. PARTICIPANT INDEMNITY (Does not cover Wonderfly’s negligence): Participant shall defend, indemnify, and hold harmless Wonderfly from and against all claims, demands, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of:

  1.  Participant’s own acts or omissions;

  2.  The acts or omissions of any minor Participant for whom the signatory is responsible; or

  3.  Any violation of this Agreement or of posted or verbal safety rules; but only to the extent such claims are not caused by Wonderfly’s negligence, gross negligence, or intentional misconduct.

C. COVENANT NOT TO SUE: Participant agrees not to sue or otherwise pursue any claim against Wonderfly for injuries, damages, or losses that (i) arise solely from the inherent risks assumed in § 7-A, or (ii) are caused by Participant’s own conduct or that of minors Participant signs for. This covenant does not bar claims based on Wonderfly’s gross negligence, intentional misconduct, or violation of a statutory duty.

D. SURVIVAL: The indemnity, assumption-of-risk, and covenant-not-to-sue survive the Agreement Term and are binding on heirs and assigns; Participant may not assign rights under this Agreement.

E. WAIVER OF SUBROGATION: Participant waives all rights of subrogation against Wonderfly and will cause its insurers to honor this waiver. If a court limits or strikes this paragraph, the remainder of § 7 shall still be enforced to the fullest extent permitted by law.

8. ADDITIONAL RISK-TRANSFER TERMS

  • Personal-Property Loss. Wonderfly is not responsible for lost, stolen, or damaged property.
  • Equipment Damage & Theft. Participant is liable for repairs, replacement, or extra cleaning beyond normal wear.
  • Venue Damage. Participant will defend, indemnify, and hold harmless Wonderfly and the venue owner from claims for property damage or bodily injury arising out of Participant’s event, except to the extent caused by Wonderfly’s own negligence and shall cover Wonderfly’s reasonable attorneys’ fees and defense costs.
  • Participant acknowledges Wonderfly staff may transport equipment in personal vehicles and waives any vicarious-liability claim against Wonderfly for injuries or damage arising from staff members’ personal, non-business errands.
  • PARTICIPANT WAIVES ANY CLAIM FOR PUNITIVE OR EXEMPLARY DAMAGES.
  • No Workers’ Compensation. Participants acknowledge this waiver is not workers’ compensation; employees and volunteers are not covered for their own injuries under this agreement.
  • Force-Majeure. Wonderfly is excused for events beyond its control.
  • Attorneys’ Fees. Participant pays Wonderfly’s enforcement costs.
  • Notice of Injury. Participant must report any injury before leaving site; Wonderfly typically retains video only 30 days.

9. PHOTO / VIDEO / PRIVACY

Wonderfly may photograph, record, and/or live-stream the Premises. You grant a world-wide, perpetual, royalty-free license to use your likeness for any lawful purpose. To opt out, notify staff before entering play; you will receive a wristband and may be moved outside camera view. Wonderfly may collect/store personal info (name, contact, IP, signature log) per its Privacy Policy. Wonderfly will honor venue-imposed recording bans if notified in writing 48 hrs pre-event.

10. ARBITRATION, CLAIM LIMIT & CLASS WAIVER

Except non-arbitrable claims, any dispute will be resolved by binding JAMS arbitration in Baltimore County, MD (Streamlined Rules). CLAIMS MUST BE FILED WITHIN ONE (1) YEAR. No class or consolidated actions; jury trial waived. If this arbitration clause is found unenforceable, venue shall lie exclusively in the state courts of Baltimore County, Maryland.

Copies of the JAMS Streamlined Arbitration Rules & Procedures are available at https://www.jamsadr.com/rules-streamlined-arbitration/ and are incorporated herein by reference. 

BOTH PARTICIPANT AND WONDERFLY KNOWINGLY WAIVE THE RIGHT TO TRIAL BY JURY AND AGREE THAT ANY CLAIM WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11. MISCELLANEOUS

  1. Severability: If any clause is held unenforceable, the remainder remains in effect; a court may modify an unenforceable clause under the ‘Blue-Pencil’ doctrine.
  2. Modification: Only a document signed by you and Wonderfly’s Managing Member can modify these terms, including by text or email.
  3. Electronic Signatures: Digital, facsimile, and PDF signatures are fully binding. Signatory agrees this electronic signature satisfies 15 U.S.C. §§ 7001–7006. 
  4. Choice of Law: Maryland law governs.

12. REPRESENTATIONS & ACKNOWLEDGMENTS

  • I am at least 18 or the legal parent/guardian of listed minors.
  • All information is true; misrepresentation voids participation and triggers indemnity.
  • Upon a minor reaching 18, the indemnity and assumption-of-risk survive.
  • I had the opportunity to ask questions and sign voluntarily.
  • Signatory Authorization. I am authorized to sign for everyone named and will indemnify Wonderfly for mis-representation.


Required Check-Boxes:


I Agree
 I have read this entire Agreement and understand that it contains a binding arbitration clause, liability limitations, and indemnity obligations.

I Agree
 I am at least 18 or the legal parent/guardian of each minor participant.

I Agree
 I have authority to sign for everyone named and all information is true.

⚠ NOTICE TO PARENTS / GUARDIANS (CONSPICUOUS): A waiver signed on behalf of a minor cannot prevent the minor from bringing a claim against Wonderfly for gross negligence or for violation of a statute created to protect the public. By checking the box above and signing below, you acknowledge this limitation under Maryland law.


Please Review and Initial Below:


I ACKNOWLEDGE AND AGREE TO ALL KEY WAIVERS CONTAINED IN THIS AGREEMENT, INCLUDING:

  • ASSUMPTION OF RISK, INDEMNITY & COVENANT NOT TO SUE (SECTION 7)  
  • ADDITIONAL RISK-TRANSFER TERMS, INCLUDING WAIVER OF PUNITIVE DAMAGES (SECTION 8)  
  • PHOTO / VIDEO & PRIVACY CONSENT (SECTION 9)  
  • ARBITRATION, 1-YEAR CLAIM LIMIT, CLASS & JURY-TRIAL WAIVERS (SECTION 10)


SEEN & AGREED

Today's Date: June 10, 2025

© 2025 Wonderfly Events LLC. All rights reserved. | Revised June 2025

First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
What is the date of your event?
The day you (or the minor) will be playing the games. Enter the first date if there multiple days. *
I, the parent or guardian of the above-named user (“Minor”) give my approval for Minor’s participation in the above activities and use of Equipment, represent that the Minor is in good physical condition, and acknowledge that I have reviewed, understood, and agreed to the terms herein (such terms being interpreted as if they applied both to me and the Minor) and have the legal authority to enter into this Agreement on behalf of the Minor.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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