Release of Liability, Assumption of Risk and Indemnity Agreement

In consideration for access and participation in Services provided by Play Literacy, LLC doing business as Ludologic ("Company," "Ludologic," "we," "our," "us") and of the permission granted by Ludologic to use Ludologic's audiovisual content made available by the Company through its website or other digital platforms, including but not limited to, instructional videos, demonstrations, and related multimedia content ("video materials"), together with the viewing, use, participation in, or reliance upon such video materials and any related instruction or programming (collectively referred to as the "Services,") you and your child agree to the following terms and conditions. By clicking "yes, I agree," you acknowledge and agree that this document affects the legal rights of yourself and your child/children, and that you have carefully read and understood the disclosure of risks, voluntarily accept those risks, and agree for yourself and your child to be bound by all the terms and conditions of this agreement. This agreement supplements and does not replace our Terms of Use and Privacy Policies as listed on our website which also govern you and your child's use of our Services. In the event of conflict between this agreement and the Terms of Use, this agreement shall govern with respect to risks, waivers, and indemnification related to the Activities as defined herein.

1. General Release and Waiver of Liability.

IN CONSIDERATION OF THE SERVICES PROVIDED BY LUDOLOGIC AND OF THE PERMISSION GRANTED BY LUDOLOGIC TO USE THE COMPANY'S VIDEO MATERIALS AND TO PARTICIPATE IN THE SERVICES, YOU, FOR YOURSELF AND ON BEHALF OF YOUR CHILDREN, WARDS, SPOUSE, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN (THE "RELEASING PARTIES"), VOLUNTARILY RELEASE, WAIVE, AND FOREVER DISCHARGE THE COMPANY, ITS SUBSIDIARIES, INSTRUCTORS, EMPLOYEES, MANAGERS, OWNERS, OFFICERS, DIRECTORS, PRINCIPALS, VOLUNTEERS, STAFF, TRAINERS, OR AGENTS (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "PROTECTED PARTIES") FROM ANY LIABILITY FOR NOW OR IN THE FUTURE FOR ANY CLAIMS CONNECTED WITH OR ARISING FROM YOUR CHILD'S PARTICIPATION IN THE SERVICES OR USE OF THE COMPANY'S VIDEO MATERIALS INCLUDING, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF ANY OF THE PROTECTED PARTIES. THIS WAIVER DOES NOT APPLY TO CLAIMS OF GROSS NEGLIGENCE, RECKLESS DISREGARD, OR INTENTIONAL MISCONDUCT AND IS NOT INTENDED TO WAIVE ANY RIGHTS THAT CANNOT BE WAIVED AS A MATTER OF APPLICABLE LAW.

YOU UNDERSTAND THAT THIS RELEASE OF LIABILITY WILL PREVENT ANY OF THE RELEASING PARTIES, INCLUDING YOURSELF AND YOUR CHILD, FROM BRINGING ANY LAWSUIT OR MAKING ANY CLAIM FOR ANY TYPE OF DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL DAMAGES FOR DELAYS, BREACH OF CONTRACT, PROPERTY DAMAGE OR LOSS, PERSONAL INJURY, DAMAGES OR DEATH CONNECTED WITH PARTICIPATING IN THE SERVICES OR USING THE COMPANY'S VIDEO MATERIALS UNLESS CAUSED BY THE RECKLESS DISREGARD OR GROSS NEGLIGENCE OF THE PROTECTED PARTIES TO THE MAXIMUM EXTENT ALLOWED BY LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE EXPRESSLY WAIVING THE PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542 WITH RESPECT TO ANY CLAIMS YOU MAY HAVE, WHETHER KNOWN OR UNKNOWN, TO THE FULLEST EXTENT ALLOWED BY LAW.

2. Acknowledgement of Risks.

You understand that the Services involve or encourage sports related physical activities and exercise including but not limited to jumping, running, balancing, kicking, stretching, fitness training, strength or resistance training, agility and coordination drills and other related athletic movement (the "Activities") and that all forms of the Activities involve some risk of injury. You understand that your child's participation in the Activities involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or physical or property damage or loss to yourself, your child or to third parties.

Such risks (the "Risks") include but are not limited to:

• the risks inherent in the Activities, including but not limited to slipping and falling, collisions with fixed objects and/or other participants, falling off equipment, unexpected failure of materials, over-exertion, muscle strains, sustaining lacerations, heart attacks, fractures, shin splints, musculoskeletal injuries, heat prostration, or any injury to your child;
• the negligent acts or omissions of the Protected Parties, or their agents or employees;
• improper or inadequate instruction regarding the Activities;
• the behavior of other participants in the Activities;
• accidents or incidents in your home or other facilities utilized for the Activities;

You understand and acknowledge that the above lists are not complete or exhaustive, and that other known or unanticipated Risks may also result in injury, death, illness or damage to your child or to your property.

The following guidelines and recommendations can help you reduce your child's Risks. Share these recommendations with your child:

• Listen to and follow instructions carefully
• Breathe smoothly and continuously as you move and stretch
• Do not hold your breath or strain to attain any position
• Please respect your body's abilities and limits
• Do not perform postures or movements that are painful
• Do not participate in Activities if you do not understand the instructions for that Activity
• It is always advisable to consult your physician before embarking on any exercise program

3. Assumption of Risks.

After being fully informed of the above Risks, you on behalf of your child accept complete sole responsibility for your child's health and well-being in this voluntary program. You, on your own behalf and that of your child and on behalf of all Releasing Parties, to the fullest extent allowed by law, expressly agree and promise to accept and assume all known and unanticipated Risks associated with participation in the Services including the Activities and use of the Company's video materials, including the Risks listed above, and you voluntarily elect for your child to participate in the Services including the related Activities and use of the Company's video materials.

YOU, INDIVIDUALLY AND ON BEHALF OF YOUR CHILD, AGREE THAT THERE ARE CERTAIN RISKS INHERENT IN THE SERVICES THAT CANNOT BE AVOIDED OR ELIMINATED, AND THAT BY SIGNING THIS FORM YOU ARE GIVING UP YOUR RIGHT AND THE RIGHT OF THE RELEASING PARTIES TO RECOVER FROM THE PROTECTED PARTIES IN A LAWSUIT OR OTHER PROCEEDING FOR ANY DAMAGES, INCLUDING PERSONAL INJURY OR DEATH TO YOUR CHILD THAT RESULTS FROM SUCH RISKS TO THE FULLEST EXTENT ALLOWED BY LAW.

YOU FURTHER ACKNOWLEDGE AND AGREE NOT TO SUE, COMMENCE, FILE, ASSERT, MAINTAIN, OR PARTICIPATE IN ANY CLAIM, ACTION, LAWSUIT, ARBITRATION, OR OTHER PROCEEDING AGAINST ANY OF THE PROTECTED PARTIES THAT IS INCONSISTENT WITH, OR CONTRARY TO, THE RELEASES AND WAIVERS SET FORTH IN THIS AGREEMENT.

YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND LUDOLOGIC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IN THE SERVICES, IF YOU DO NOT SIGN AND AGREE TO THESE TERMS.

4. Indemnification.

You, individually and on behalf of your child, hereby agree to hold harmless, indemnify and defend the Protected Parties from and against any and all claims, losses, actions, proceedings, costs, expenses, damages, penalties, settlement amounts and liabilities (including claims brought by any of the Releasing Parties) and any and all costs and expenses in connection therewith, including reasonable attorneys' fees and costs of investigation (collectively the "Claims"), arising out of or connected with your child's participation in the Services or use of the Company's video materials, regardless of whether the Claims are the result of the negligent acts or omissions of your child, yourself, the Protected Parties, or third parties including other participants in the Services. Such indemnity obligation shall include, but not be limited to, any claim, action or proceeding that alleges that you or your child negligently or intentionally caused any injury, death or damage to other participants in the Services or other third parties at the location of the Services whether in your residence or elsewhere. This indemnification clause will survive the termination of this agreement.

5. Representations.

To assist the Company in effectively providing for your child's safety during the Activities:

• You represent that your child is in good physical health and has no known health problems, including but not limited to orthopedic problems, heart problems, respiratory problems, or any pre-existing physical or medical conditions, that would cause participation in the Activities to negatively impact your child's health.
• You acknowledge that Ludologic encourages parents to consult with their child's doctor before beginning any new physical activity and you agree to assume all risks should you allow your child to participate in the Services including the Activities without such a consultation.
• You will supervise your child while they are participating in the Services.
• You acknowledge that Ludologic does not provide medical insurance coverage and that you are responsible of obtaining insurance or otherwise paying for medical costs, expenses, and charges incurred as a result of a child's participation in the Services.

6. Warranties or Guarantees.

Ludologic warrants that it will use commercially reasonable best efforts to provide the Services in a timely and professional manner. TO THE FULLEST EXTENT ALLOWED BY LAW, LUDOLOGIC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE ACTIVITIES, THE SERVICES, OR THE VIDEO MATERIALS PROVIDED IN THE ACTIVITIES AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Without limiting the foregoing, Ludologic specifically makes no warranty or guarantee that you or your child will experience a particular result or any outcome including satisfaction resulting from your child's participation in the Services. Your child's individual results may vary due to their efforts, situation, or any number of other circumstances beyond the knowledge and control of Ludologic.

7. Term of Agreement.

You understand that this agreement applies each time your child participates in the Services including the Activities and shall continue to be in full force and effect until your child no longer participates in the Services including the Activities. You agree that Ludologic has the right to modify the agreement and may require you or your child to sign a new agreement at any time as a requirement for their participation in the Services.

8. Attorney's Fees.

I promise to indemnify Ludologic for any attorneys' fees and costs incurred by the Company to enforce this agreement, including costs associated with any collection efforts. If the Company obtains a judgment against you or your child pursuant to this agreement, you shall be responsible for all costs and expenses, including reasonable attorneys' fees, incurred by the Company in connection with such judgment.

9. Governing Law.

This agreement shall be governed by and interpreted in accordance with the laws of the state of California without regard to the conflict of laws provisions of such state. To the fullest extent permitted by law, any dispute arising out of or relating to this agreement shall be brought within the exclusive jurisdiction of the state or federal courts located in California.

10. Severability.

I agree that if any provision of this agreement is held invalid, it is agreed that the remainder of the agreement will remain in full force and effect.

11. No Waiver.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision.

12. Headings and Interpretation.

Headings are inserted for the convenience of the Parties only and are not considered when interpreting this agreement. Whenever the words "include," "includes," or "including," are used in this agreement they shall be deemed to be followed by the words "without limitation."

13. Effect of Agreement.

You have read the above and fully understand and agree to the terms of this agreement. YOU ARE AWARE THAT BY SIGNING THIS AGREEMENT, YOU, INDIVIDUALLY AND ON BEHALF OF YOUR CHILD, HEREBY KNOWINGLY AND VOLUNTARILY, WITHOUT ANY THREAT OF DURESS, INDUCEMENT, PROMISE OR GUARANTEE COMMUNICATED TO YOU, RELEASE THE PROTECTED PARTIES FROM ANY LIABILITY NOW OR IN THE FUTURE TO THE FULLEST EXTENT ALLOWED BY LAW.

YOU UNDERSTAND AND AGREE THAT YOU, INDIVIDUALLY AND ON BEHALF OF YOUR CHILD, ARE GIVING UP RIGHTS THAT YOU OR THEY MAY HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE PROTECTED PARTIES ON THE BASIS OF THEIR NEGLIGENT ACTS OR OMISSIONS. YOU UNDERSTAND THAT BY SIGNING THIS AGREEMENT YOU MAY BE FOUND BY A COURT OF LAW TO HAVE FOREVER WAIVED YOUR RIGHTS, YOUR CHILD'S RIGHTS, AND THE RIGHTS OF THE RELEASING PARTIES TO MAINTAIN ANY ACTION AGAINST THE PROTECTED PARTIES ON THE BASIS OF ANY CLAIM FROM WHICH YOU HAVE RELEASED THE PROTECTED PARTIES.

By clicking "I agree" you affirm that you are at least 18 years of age, have the legal right and authority as the parent or legal guardian of the child participating in the Services to agree to these terms on their behalf, and that you have read, understood, and unconditionally agree to the full terms, statements, warranties, notices, representations, waivers and releases contained in this agreement on behalf of yourself, your child, and the Releasing Parties.