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The Lucky Shovel LLC

Waiver, Release of Liability, Indemnity Agreement and Media Release


THIS WAIVER, RELEASE OF LIABILITY, INDEMNITY AGREEMENT AND MEDIA RELEASE (this “Waiver”), dated effective as of the date set forth below, is entered into by the Undersigned named below for the benefit of The Lucky Shovel LLC, a Colorado limited liability company (“The Lucky Shovel”). 

In consideration for the Participant being permitted to participate in the Activities (defined below), the Undersigned hereby agrees to the following terms, conditions and covenants:

1. Risk Acknowledgement.  The Undersigned  acknowledges that participation in the programs and events conducted by The Lucky Shovel by the Participant, including but not limited to: climbing structures, digging and sand play, toy and equipment use, running, jumping, interactive play with other children, and general physical activity within an indoor recreational environment (collectively, the “Activities”) involves inherent risks including, but not limited to: collisions with other children or objects; falls from structures; muscle strains, ligament strains, concussions, seizures or bruising; slipping or tripping on uneven or shifting surfaces; equipment failure or misuse by others; pinching, crushing, or impact injuries; choking hazards; allergic reactions; illness or exposure to infectious diseases; inadequate supervision by other parents or guardians; and other known and unknown risks associated with recreational play. 

THE UNDERSIGNED AGREES AND ACKNOWLEDGES THAT PARTICIPATION IN THE ACTIVITIES BY THE PARTICIPANT MAY BE DANGEROUS AND ENTAIL INHERENT RISKS, INCLUDING KNOWN, UNKNOWN, FORESEEABLE AND UNANTICIPATED RISKS), THAT COULD CAUSE SERIOUS INJURY, INCLUDING PHYSICAL OR EMOTIONAL INJURY, INCLUDING PARALYSIS, AND IN SOME CASES DEATH TO THE PARTICIPANT. 

2. Abide by Rules. The Participant shall abide by all rules of The Lucky Shovel, including, without limitation, those rules that may be posted by The Lucky Shovel, and cooperate with all instructions, directions and guidelines issued by The Lucky Shovel staff. In the event the Participant is a minor, the Undersigned shall be responsible for ensuring that the Participant follows such rules, instructions, directions and guidelines. The Lucky Shovel shall bear no responsibility for any injuries arising as a result of the Participant’s failure to follow those rules, instructions, directions and guidelines of The Lucky Shovel.

3. Assumption of Risk. By the Undersigned’s signature below, the Undersigned and the Participant, and their respective heirs, successors and assigns, hereby voluntarily and knowingly assumes all of the risks arising from or otherwise relating to the Participant’s participation or engagement in all Activities offered by The Lucky Shovel. 

4. Waiver, Release and Discharge. The Undersigned hereby waives, releases and forever discharges The Lucky Shovel and its officers, directors, employees, members, shareholders, members, partners, affiliates, agents, successors and assigns (collectively, the “Lucky Shovel Affiliates”) from any and all liabilities, manner of action, causes of action, suits, debts, obligations, sums of money, covenants, contracts, agreements, promises, damages, costs, expenses, claims and demands whatsoever, whether based on a tort, contract, statutory or other theory of recovery and whether for compensatory, punitive, statutory or other forms of damage or relief, and whether derivative or direct, legal or equitable, known or unknown, which the Undersigned, the Participant and their respective heirs, successors or assigns, ever had or now has or hereafter can, shall or may have for, upon or by reason of any matter, cause or thing whatsoever and in all capacities whatsoever, including, without limitation, any of the foregoing relating to or in any way arising from any participation in any Activities offered by The Lucky Shovel. The Undersigned agrees not to initiate, assign, maintain, prosecute or otherwise participate or assist in, benefit from, finance, support, maintain or pursue any action, claim, demand, cause of action or proceeding (whether at law or otherwise) against The Lucky Shovel or any of the Lucky Shovel Affiliates to the extent such action, claim, demand, cause of action or proceeding is, directly or indirectly, derived from, related to or otherwise to any claims released above. 

 4. Indemnification. The Undersigned shall indemnify and hold harmless The Lucky Shovel and the Lucky Shovel Affiliates (the “Indemnified Parties”) from, and will pay to the Indemnified Parties the amount of, any and all claims, damages, losses, debts, liabilities, demands, causes of action, costs or expenses (including legal fees and expenses) or other amounts arising, directly or indirectly, from, relating to, or in connection with the Participant’s engagement in the Activities. 

5. Medical Treatment. The Undersigned acknowledges that, in the case of an injury, accident or emergency arising from and the Participant’s participation and engagement in the Activities, medical treatment (including emergency medical treatment) may be required.  In the event the Undersigned is not immediately available and the Participant lacks the capacity to make an informed decision regarding such medical treatment (for whatever reason), the Undersigned hereby consents to the Participant receiving medical treatment (including emergency medical treatment) which may be deemed advisable when considering the facts and circumstances giving rise to the need for such medical treatment and, to the maximum extent permitted by law, waive any actions, claims or demands the Undersigned or the Participant may have (whether at law or otherwise) arising from such medical treatment. 

6. Media Release. The Undersigned grants permission to The Lucky Shovel, its agents and assigns, to, without compensation or payment, photograph, video tape, record or interview the Participant when participating in any Activities provided by or through The Lucky Shovel.  The Undersigned further grants to The Lucky Shovel unrestricted permission for such images, videos, and recordings of the Undersigned and the Participant to be used in print, video, digital and internet media and waive any right to inspect the uses of any printed or electronic copy. The Undersigned agrees that these images and/or voice recordings may be edited and used for a variety of purposes and that these images may be used without further notifying the Undersigned or the Participant.  The Undersigned further gives to The Lucky Shovel, without compensation or payment, all right, title and interest that the Undersigned or the Participant may have, if any, in all finished pictures, negatives, reproductions, and copies of the original print, and further grants to The Lucky Shovel the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof for marketing, communications or advertising purposes. The Undersigned additionally releases The Lucky Shovel and its agents and assigns from any claims that may arise from these uses, including without limitation claims of defamation or invasion of privacy, or of infringement of moral rights or rights of publicity or copyright.

7. Miscellaneous. 

(a)           Definitions. For the purposes of this Waiver, the term “Undersigned” means the individual executing this Waiver for themselves and/or on behalf of their child and their respective heirs, successors and assigns. The term “Participant” means an individual who participates or otherwise engages in any Activities offered by The Lucky Shovel.

(b)          This Waiver is governed by Colorado law.

(c)           If any provision of this Waiver is held or determined to be illegal, invalid or unenforceable under any present or future legal requirement: (w) such provision will be fully severable; (x) this Waiver will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Waiver; (y) the remaining provisions of this Waiver will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Waiver; and (z) in lieu of such illegal, invalid or unenforceable provision, The Lucky Shovel reserves the right to add as a part of this Waiver a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible.

WARNING. THIS WAIVER IS A LEGAL DOCUMENT WITH LEGAL CONSEQUENCES. BY SIGNING THIS WAIVER AND RELEASE OF LIABILITY, THE UNDERSIGNED (AND PARTICIPANT(S), IF THE UNDERSIGNED SIGNS ON BEHALF OF A MINOR OR MINORS) IS GIVING UP RIGHTS HE OR SHE MAY OTHERWISE HAVE.

BY SIGNING THIS WAIVER, THE UNDERSIGNED REPRESENTS AND WARRANTS TO THE LUCKY SHOVEL THAT THE UNDERSIGNED HAS READ THIS WAIVER, RELEASE OF LIABILITY, INDEMNITY AGREEMENT AND MEDIA RELEASE AND UNDERSTANDS THAT IT IS THE INTENTION OF THE LUCKY SHOVEL, IN WHICH THE UNDERSIGNED CONCURS, TO AVOID ANY AND ALL LIABILITY, CLAIMS, DEMANDS OR DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, TO PARTICIPANT(S), THE PARTICIPANT, THOSE CLAIMING THROUGH PARTICIPANT(S) OR THE PARTICIPANT, OR ANY AND ALL THIRD PARTIES, ARISING OUT OF PARTICIPANT(S)’ PARTICIPATION IN THE ACTIVITIES.

All Participants age 18 or older must sign below. If a Participant is under the age of 18, a parent or guardian shall complete the information below and shall sign on behalf of the minor Participant named herein.

IF PARTICIPANT IS 18 YEARS OF AGE OR OLDER:

In witness whereof and intending to be bound, I hereby execute this Waiver, Release of Liability, Indemnity Agreement and Media Release as of the date set forth below.

IF PARTICIPANT IS UNDER 18 YEARS:

           In witness whereof and intending to be bound, I, the Parent/Guardian of the above-named Participant(s), hereby execute this Waiver, Release of Liability, Indemnity Agreement and Media Release as of the date set forth below and grant permission to the above-named Participant(s) to participate in the Activities subject to the terms and conditions set forth herein.

Date Signed: November 6, 2026

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.
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Additional Information
Relationship to Minor*
Opt-In for message SMS *
Yes
No
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*
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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