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Chubby Shark Playroom & Café

Participant Waiver, Release & Assumption of Risk Agreement
Evara Care Solutions LLC d/b/a Chubby Shark Playroom • 446 Lancaster Ave, Suite K, Frazer, PA 19355

This Agreement is between Evara Care Solutions LLC, a Pennsylvania limited liability company doing business as “Chubby Shark Playroom”, located at 446 Lancaster Ave, Suite K, Frazer, Pennsylvania 19355 (“Chubby Shark,” “we,” or “us”), and the undersigned adult (“I” or “me”). Please read it carefully before signing. It affects your legal rights.

1. Who Is Signing; Authority

I am at least 18 years old. I am the parent or court-appointed legal guardian of each child listed in the signature section of this Agreement (each, a “Child”), and I represent that I have legal authority to act on behalf of each Child named. I am signing this Agreement on my own behalf as a condition of my Child’s and my admission to the facility for Open Play sessions, Birthday Party events, membership visits, and any other use of the play areas or café.

2. Activities and Specific Risks I Am Accepting

Chubby Shark is an indoor children’s soft-play facility with themed play zones (“Land,” “Sand,” and “Underwater”) and an attached beverage-only café. Active play carries inherent risks that cannot be eliminated even when reasonable care is used. These risks include, without limitation:

•      Falls, slips, and trips while climbing, sliding, crawling, or jumping on modular soft-foam play structures, including falls from height;

•      Risks of the ball pit, including falling into or beneath the balls, contact with other children or with objects concealed among the balls, and hygiene-related risks;

•      Collisions with, or contact from, other children and adults, including pushing, bumping, and tripping;

•      Slips and falls on EVA foam flooring, including on surfaces that may shift, compress, or become uneven during play;

•      Choking hazards from small objects, including small toys, parts, or items brought into the play area by other guests;

•      Burns, scalds, or spills from hot beverages served in or carried from the café;

•      Allergic reactions to beverage ingredients (including, for example, milk, soy, and nut-based products) or to allergens brought into the facility by other guests;

•      Exposure to communicable illnesses common to group children’s facilities; and

•      Injuries caused by the actions or inaction of other guests.

I have had the opportunity to inspect the facility and ask questions. I knowingly and voluntarily assume, on my own behalf, all of the risks described above, whether or not listed, to the extent they arise from the ordinary operation of the facility. I acknowledge that my Child’s participation exposes my Child to these same risks, and I have explained them to my Child in a manner appropriate to my Child’s age.

3. Mandatory On-Site Supervision — A Condition of Entry

Chubby Shark does not provide childcare or supervision. As a condition of entry — not merely a recommendation — I agree that I (or another supervising adult I designate who has signed this Agreement) will remain on-site and directly supervise my Child at all times while my Child is in the facility. “Direct supervision” means keeping my Child within my sight and being close enough to intervene. If I fail to supervise my Child, Chubby Shark may require us to leave. Staff members are present to operate the facility, not to supervise individual children.

4. Release of My Own Claims — Please Read Carefully

IN EXCHANGE FOR ADMISSION TO THE FACILITY, I — ON MY OWN BEHALF AND ON BEHALF OF MY SPOUSE ONLY IF MY SPOUSE ALSO SIGNS, AND ON BEHALF OF MY HEIRS, ASSIGNS, AND PERSONAL REPRESENTATIVES — RELEASE, WAIVE, AND FOREVER DISCHARGE EVARA CARE SOLUTIONS LLC D/B/A CHUBBY SHARK PLAYROOM, ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS THAT BELONG TO ME PERSONALLY AND THAT ARISE FROM ORDINARY NEGLIGENCE IN CONNECTION WITH MY CHILD’S OR MY PRESENCE AT, OR USE OF, THE FACILITY. THE CLAIMS I AM RELEASING INCLUDE, WITHOUT LIMITATION, MY OWN CLAIMS FOR REIMBURSEMENT OF MY CHILD’S MEDICAL AND RELATED EXPENSES AND FOR LOSS OF MY CHILD’S SERVICES, COMPANIONSHIP, OR EARNINGS.

This release applies to ordinary negligence only. It does not apply to gross negligence, recklessness, or intentional misconduct. It also does not — and under Pennsylvania law cannot — release, waive, or limit any personal-injury claim that belongs to my Child. Signing this Agreement does not make Chubby Shark immune from lawsuits; it releases only the specific claims of mine described in this Section.

5. Indemnification

To the fullest extent permitted by Pennsylvania law, I agree to indemnify and hold Chubby Shark harmless from losses, damages, and reasonable costs (including reasonable attorneys’ fees) to the extent caused by: (a) my breach of this Agreement, including the supervision requirement in Section 3; (b) my own negligent or intentional acts or omissions while at the facility; or (c) my failure to disclose a known medical condition or allergy of my Child under Section 6. [ATTORNEY REVIEW NOTE: The enforceability under Pennsylvania law of any broader parental indemnification — in particular, indemnification against claims brought by or on behalf of the Child — is unsettled and must be confirmed by Pennsylvania counsel before this clause is finalized or expanded.]

6. Health Disclosure and Emergency Medical Authorization

I have listed in the signature section any allergies (including food and beverage allergies) and any medical or physical conditions of my Child that are relevant to safe participation, or I have written “none.” I agree to keep this information current.

I am required to remain on-site (Section 3). If, despite that requirement, I cannot be located or reached immediately in an emergency involving my Child, I authorize Chubby Shark staff to call 911 and to consent to emergency medical care, first aid, and transport for my Child by qualified emergency personnel. I am responsible for the costs of that care.

7. Facility Rules

I agree that my Child and I will follow these rules and any additional rules posted in the facility or given by staff:

•      Socks must be worn at all times in the play areas by children and adults (grip socks recommended); no bare feet and no outdoor shoes on the play equipment;

•      No outside food or beverages — the café serves beverages only;

•      No food, beverages, or chewing gum in the play areas; café items must remain in the café / designated seating area;

•      Observe posted age and height guidance for each play zone;

•      No rough play, pushing, throwing of ball-pit balls at other guests, or climbing on netting or exterior structures;

•      Empty pockets before play; no sharp objects, jewelry with points or clasps, or loose small items on the equipment;

•      Children who are ill (fever, vomiting, contagious conditions) may not enter the play areas; and

•      Guests must follow staff instructions at all times. Chubby Shark may refuse or revoke admission for safety reasons.

8. Photography Is Handled Separately

Any use of my Child’s photo or video for Chubby Shark’s marketing is governed by a separate, optional Photo & Media Consent form. Declining that form has no effect on admission or participation.

9. Term; Expiration

This Agreement is valid for twelve (12) months from the date I sign it and then expires automatically. This applies to every participant — members and non-members alike. A new Agreement must be signed before any visit after expiration, and a new Agreement must also be signed for any additional child not listed below.

10. Governing Law; Venue (Applies to My Own Disputes Only)

This Agreement is governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws rules. Any dispute between me and Chubby Shark concerning this Agreement, my membership or billing, or my own claims must be brought exclusively in the Court of Common Pleas of Chester County, Pennsylvania (or, where jurisdictionally appropriate, the local Magisterial District Court). This Section applies only to my own disputes with Chubby Shark. It does not, and is not intended to, govern, restrict, or select a forum for any claim belonging to my Child.

11. Severability

If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if it cannot be, severed, and the remaining provisions will continue in full force.

12. Acknowledgment and Signature

I have read this entire Agreement, I understand it, I have had the opportunity to ask questions, and I sign it voluntarily. I understand that Section 4 releases legal claims that belong to me.

Children covered by this Agreement:

Date: July 12, 2026

Expires twelve (12) months from the date signed.

First Participant's Name
First Name*
Middle Name
Last Name*
First Participant's Date of Birth*
Date of Birth
Information
Allergies / Medical Conditions (or “none”)
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Allergies / Medical Conditions (or “none”)
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Allergies / Medical Conditions (or “none”)
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Allergies / Medical Conditions (or “none”)
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Allergies / Medical Conditions (or “none”)
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Allergies / Medical Conditions (or “none”)
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Allergies / Medical Conditions (or “none”)
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Allergies / Medical Conditions (or “none”)
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Allergies / Medical Conditions (or “none”)
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Allergies / Medical Conditions (or “none”)
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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*
Middle Name
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Information
Allergies / Medical Conditions (or “none”)
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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