PARTICIPANT WAIVER, RELEASE, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

I, the undersigned, voluntarily elect to participate in activities at ATPLI LLC dba Royal Magic Castle Adventure Park (“Royal Magic Castle”) or to allow the minor child(ren) listed below (“Child”) to do so. This Agreement applies to participation, and using of facility and equipment located at 3605 Bud Pl, Flushing, NY 11354, and any other premises, activities, or services provided by Royal Magic Castle or its affiliates.

In consideration of being permitted to participate in or observe activities at Royal Magic Castle, I acknowledge, represent, and agree to the following:

1. GENERAL RELEASE

This Agreement provides a full release, indemnification, and legal protections to ATPLI LLC dba Royal Magic Castle Adventure Park, including its agents, owners, officers, managers, shareholders, members, directors, affiliates, volunteers, participants, employees, assigns, representatives, contractors, successors, sponsors, and all other persons or entities acting on its behalf or providing services at its premises (collectively, “Releasees”).

2. ACKNOWLEDGEMENT OF VOLUNTARY PARTICIPATION

I acknowledge and agree that my participation, or that of the Child, in any activity or attraction at Royal Magic Castle is purely voluntary. By engaging in or observing such activities:

I affirm that I have independently assessed my own mental and physical abilities, limitations, and constitution, and have determined that I am capable of safely participating.
If acting on behalf of a minor, I affirm that I have thoroughly considered the Child’s mental and physical capabilities and limitations, and have concluded that the Child can safely participate.
I confirm that my decision, or that of the parent/legal guardian in the case of the Child, to participate is made with a full understanding of the risks involved and without coercion.

3. RELEASE OF POTENTIAL INJURIES

• Use of Attractions

I acknowledge that activities at Royal Magic Castle include inherent risks, including but not limited to Championship basketball, phantom hockey, boxer, Fairy water world 3Ma, King of the deep se ( 8 people),R team fighting, Laser tag, Devil’s Eye , Dancing Grid, Magic castle soft play area, and other attractions. Participation or observation involves the risk of serious physical or emotional injury, paralysis, death, and property damage. These risks are inherent and cannot be eliminated without fundamentally altering the activities.

I understand that participation in activities and use of equipment at the Royal Magic Castle facility is purely for recreational purposes. Each participant, including myself and/or my child, must strictly adhere to the rules governing the use of equipment and exercise in a safe and responsible manner to minimize the risk of injury. I acknowledge that any directions or instructions given by Royal Magic Castle staff and employees must be followed promptly and without objection to ensure a safe and enjoyable experience for everyone. Furthermore, I understand and agree that any injury resulting from a failure to follow the rules or disregard for staff directions is solely my responsibility, and I waive all liability claims against Royal Magic Castle for such injuries.

• Alcohol Consumption

Alcohol consumption is strictly prohibited anywhere on the premises of Royal Magic Castle, including its facilities, parking lot, and other owned or leased property. Participants are discouraged from engaging in any activities or attractions under the influence of alcohol or any intoxicating substances.

I understand that participation in activities while intoxicated or under any degree of influence of alcohol significantly increases the risk of injury or harm to myself, the Child, and others. By participating in any activity while intoxicated, I:

Fully assume all risks associated with such participation.
Agree to indemnify and hold Royal Magic Castle, its affiliates, and its Releasees harmless for any injury, damage, or harm caused to myself, the Child, other participants, or third parties as a result of my participation under such circumstances.
 

• Proper Attire

I understand that Royal Magic Castle is a sock-only facility, and shoes are not allowed in any active play areas. Socks are necessary to maintain health and safety standards and provide a safer experience for my child and/or me. If my child or I have a medical condition that requires shoes or an assistive device in the play areas, Royal Magic Castle will make reasonable accommodations as mandated by the Americans with Disabilities Act. However, I acknowledge that accommodations can only be made if I inform the facility of our needs, and some accommodations may be deemed unreasonable and therefore not implemented.

I also understand that participation in activities at Royal Magic Castle requires proper attire to minimize the risk of physical injury. Recommended attire includes Royal Magic Castle-approved socks, clothing that allows free movement and avoids snagging, and hairstyles that do not obstruct vision or pose safety risks. The facility recognizes that medical conditions, religious beliefs, or other considerations may prevent adherence to these guidelines and will strive to make reasonable accommodations when notified. Nevertheless, I acknowledge that some accommodations may be considered unreasonable and, as such, may not be provided.

•  Release of Potential Infection of Disease and Viruses

I acknowledge that Royal Magic Castle is a public location with many guests and employees who utilize the space on a daily basis. I further recognize that while Royal Magic Castle practices appropriate and reasonable cleaning practices, I could still potentially get infected with a disease or virus, including, but not limited to, COVID-19, through my participation in or observation of others participating in Royal Magic Castle Attractions. I fully release Releasees from any claim against them regarding the contraction of a disease or virus for myself or my child.

4. RELIGIOUS AND DISABILITY ACCOMMODATIONS

Royal Magic Castle is committed to fostering an inclusive environment and will make reasonable efforts to accommodate religious practices, customs, and disabilities in compliance with applicable laws, including the Americans with Disabilities Act (ADA).

However:

Advance Notice: Participants requesting accommodations must inform Royal Magic Castle of their specific needs at least 48 hours in advance, or as soon as practicable, to allow the facility sufficient time to evaluate and implement reasonable measures.
Reasonable Boundaries: Accommodations will only be made within reasonable bounds and must not fundamentally alter the nature of the activities or compromise the safety, health, or operations of the facility.
Participant Responsibility: It is the responsibility of participants to provide accurate and sufficient information regarding their accommodation needs.
Royal Magic Castle reserves the right to determine what constitutes a reasonable accommodation and is not liable for accommodations deemed unreasonable or impractical.

5. VOLUNTARY ASSUMPTION OF RISK

I acknowledge and agree that my child and I are participating voluntarily and at our own risk. I understand that the actions of other customers, as well as the actions or inactions of Royal Magic Castle employees, could result in significant bodily injury. I agree that Royal Magic Castle is not responsible for the actions of customers or for the negligence of its employees in supervising attractions, including any resulting harm. Specifically, I acknowledge and assume the risk of potential injuries, including but not limited to:

Death or paralysis due to use of Royal Magic Castle facilities;
Cuts, bruises, sprains, or serious injuries to the head, face, neck, spine, torso, limbs, or other body parts from falls, improper landings, or collisions with participants;
Illness or allergic reactions, including transmission of diseases, heat stroke, heart attacks, dehydration, or other exertion-related medical events;
Injuries from unpredictable movements or physical contact caused by activities such as bouncing, flipping, running, or wall impacts;
Physical injuries occurring while observing, standing, sitting, or taking photographs near attractions, even if not actively participating.
 

6. AGREEMENT TO PAY MY OWN MEDICAL EXPENSES

I accept and assume all risks associated with any medical conditions or disabilities (temporary or permanent) that I or my child may have, whether known or unknown, that could contribute to or worsen any injury or illness sustained while using Royal Magic Castle attractions. I agree that any medical assistance required as a result of such injuries, including emergency care, hospitalization, or therapy, will be at my own expense and not the responsibility of Royal Magic Castle.

7. WAIVER OF JURY TRIAL AND AGREEMENT TO BINDING ARBITRATION

I agree that any dispute, claim, or controversy arising out of or relating to my or my child’s participation in activities at Royal Magic Castle, including access to or use of the attractions or observation of others, shall be resolved exclusively by binding arbitration in New York, pursuant to the rules of JAMS Arbitration. The arbitration shall be conducted by a single arbitrator, and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. This agreement to arbitrate includes the determination of the scope or applicability of this arbitration clause and does not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. I understand that by agreeing to arbitrate, I waive my right, and the right of my child, to file a lawsuit or have claims determined by a jury. This waiver applies to all claims, including those of negligence, breach of contract, or other causes of action.

8. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles. Any claims, disputes, or arbitration proceedings arising out of or related to this Agreement shall be heard exclusively in the jurisdiction of New York City, New York.

9. TIME LIMIT TO FILE CLAIMS

I agree that any dispute, claim, or controversy arising out of, or relating to, my or my child’s access to, use of, or ability to observe others using the attractions, including the determination of the scope or ability to arbitrate this agreement, must be brought within one year of its accrual (i.e., the date of the alleged incident or injury).

10. PHOTO/VIDEO/SOCIAL MEDIA WAIVER

I consent to the recording and use of my and the Child’s likeness, voice, and name by Royal Magic Castle for advertising, promotional, and other lawful purposes without compensation. I waive any claims related to such use.

11. SEVERABILITY CLAUSE

If any provision of this Agreement is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall not be affected or impaired in any way and shall remain enforceable to the fullest extent permitted by law.

12. PARENT OR GUARDIAN INDEMNIFICATION

If signing on behalf of a minor, I agree to indemnify and hold Releasees harmless from any claims arising from the Child’s participation in activities at Royal Magic Castle, including legal fees and costs.