ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNIFICATION AGREEMENT

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ CAREFULLY.

In this Agreement, “CUBE ULTIMATE CHALLENGES” means 4ACTIVE GAMES LTD. doing business as CUBE ULTIMATE CHALLENGES and all of their respective employees, agents, directors, officers, shareholders, affiliates, subsidiaries, and related entities.

This Agreement is entered into in exchange for participation in games, activities, and challenges at CUBE ULTIMATE CHALLENGES, located at 3185 Unity Dr, Mississauga, ON (the “CUBE ULTIMATE CHALLENGES facility”), and for other good and valuable consideration. I agree to the following terms and conditions:

1. ASSUMPTION OF RISKS

I understand, acknowledge, and accept that the activities at CUBE ULTIMATE CHALLENGES are physically strenuous and involve significant risks, including but not limited to:

• Physical Injuries: Cuts, bruises, sprains, broken bones, concussions, emotional distress, paralysis, or death.
• Equipment and Participant Risks: Equipment failure and injuries resulting from interactions with other participants.
• Health Risks: Exposure to illnesses or diseases, including COVID-19.
• Environmental Hazards: Strobe lights, lasers, fog machines, darkness, and small spaces, which may not be suitable for individuals with certain medical conditions (e.g., pregnancy, heart conditions, epilepsy).
• Increased Risks: Consumption of alcohol or intoxicating substances increases risks, which I voluntarily accept.

I voluntarily accept and assume all risks associated with my participation in these activities.

2. RELEASE OF LIABILITY AND WAIVER OF CLAIMS

On behalf of myself and any accompanying minor(s), I hereby:

• Release and Discharge CUBE ULTIMATE CHALLENGES (including 4Active Games Ltd., its employees, affiliates, and agents) from any and all claims, demands, actions, or causes of action for injury, death, damage, or inconvenience arising from my participation in activities, even if caused by negligence.
• Waive any right to sue CUBE ULTIMATE CHALLENGES for any reason related to my participation.
• Indemnify and Hold Harmless CUBE ULTIMATE CHALLENGES from any claims or legal costs arising from my participation, including damages incurred.

3. PARTICIPANT RESPONSIBILITIES

• Health and Safety: I confirm I am in good health and free from any medical condition that may affect my ability to participate safely. I am not under the influence of alcohol or drugs.
• Attire: I agree to wear clean, dry, flat-footed, enclosed shoes (e.g., running shoes). Open-toed shoes, sandals, heels, or Crocs are prohibited.
• Behavior: I agree to follow all safety instructions, rules, and codes of conduct. Discrimination, harassment, or any form of disruptive behavior will result in immediate removal from the facility without refund. I also agree not to engage in any violent or disorderly conduct, damage any property, or remove any items from the premises. Violations may result in compensation and additional remedies.
• Personal Belongings: I understand that CUBE ULTIMATE CHALLENGES is not responsible for lost or stolen items, even if lockers are provided.
• Filming and Photo: Guests are welcome to film or take photos and tag us on social media (Instagram, Facebook, TikTok). However, capturing images or videos of other guests or staff requires their express permission. Any filming or photography for commercial use, including news media or editorial content, requires prior approval. We reserve the right to withdraw permission at any time.

• I understand that violation of the facility’s rules may result in termination of my participation and removal from the facility without refund.

5. VIDEO SURVEILLANCE AND PERSONAL DATA

• I acknowledge that video surveillance may be used for security purposes, and footage may be retained as permitted by law.
• I acknowledge that the game is monitored and recorded on video. I consent to the use of photographs or video recordings of myself and/or my child (under 18) on Cube Ultimate Challenges' social media platforms and official communication channels for media-related purposes, including promotions and marketing, only after my verbal permission. Once granted, I waive any claims to privacy or compensation for the use of my or my child's name and image, including any associated text created for video production or promotional efforts. As an adult and the parent/guardian of a minor, I have reviewed and understand this release.

6. GOVERNING LAW AND SEVERABILITY

• This Agreement is governed by the laws of the province where the CUBE ULTIMATE CHALLENGES facility is located, and any disputes will be resolved in the applicable courts of that province.
• If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

7. ACKNOWLEDGEMENT AND CONSENT

I confirm that:

• I have had sufficient opportunity to read and understand this Agreement and agree to its terms.
• I am at least 18 years old or have the legal authority to sign on behalf of a minor.
• No oral representations, statements, or inducements have been made apart from this written Agreement.

·         This Agreement is effective and binding upon my heirs, next of kin, executors, administrators, and assigns.

By signing this Agreement, I acknowledge that I am voluntarily waiving substantial legal rights, including the right to sue, on behalf of myself and any accompanying minor(s).

I have read and agree to CUBE ULTIMATE CHALLENGES's Privacy Policy and Terms of Service.