Please review the terms below

RELEASE & WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

David L. Hecht ("Hecht") owns, and his immediate family including Kinza, Noah, Robert, and Rachel Hecht reside at 10 Notch Hill Drive in Livingston, New Jersey (“10 Notch”). Each of the undersigned adult participant, being an adult of legal age (“Adult Participant”) or the undersigned parent/legal guardian, being an adult of legal age (“Parent/Legal Guardian”) and the minors or other persons accompanying the undersigned Parent/Legal Guardian or for whom the undersigned Parent/Legal Guardian is the legal guardian or responsible for their care or supervision (“Minors”), has requested permission to enter 10 Notch and observe, spectate, engage, participate and/or otherwise be involved in one or more of the events and/or activities listed above, whether sponsored, operated and/or managed by Hecht or any third party, at his or her own entire risk. The undersigned Adult Participant or the undersigned Parent/Legal Guardian and Minors, as the case may be, shall hereinafter be referred to as, the “Participant”. Any event(s) and/or activit(y/ies) in which Participant observes, spectates, engages, participates and/or otherwise is involved with, while at 10 Notch shall hereinafter be referred to as, the “Event/Activity”.

Participant is not an invitee or licensee of Hecht during the Event/Activity. For and on behalf of the undersigned Adult Participant or Parent/Legal Guardian and each Minor, as the case may be, each of the undersigned hereby agrees, acknowledges, grants and consents to Hecht as follows:

Assumption of Risks

Participant is fully aware that the presence, observation, engagement, involvement or participation in the Event/Activity will expose Participant to a variety of hazards, dangers and risks, known or unknown, foreseen or unforeseen, which are inherent in the Event/Activity and cannot be eliminated without destroying, impairing or otherwise substantially affecting the unique and special character, element, plan, qualities and/or purpose of the Event/Activity. Participant acknowledges and agrees that he or she is freely, knowingly and voluntarily entering 10 Notch and observing, engaging, getting involved or participating in the Event/Activity of his or her own free will and volition with full knowledge and understanding of these hazards, dangers, and risks, and Participant acknowledges that Participant is assuming and accepting all such hazards, dangers and risks of serious or other bodily injury, sickness, disability, paralysis, infectious or contagious diseases or other illnesses from viruses, bacteria or other organisms (such as influenza and Covid-19), severe economic and social losses, death, loss or damage to property, and any and all related losses, damages and other legal or economic consequences in connection with, resulting from or arising out of the Event/Activity, and full personal responsibility and security therefor, whether caused by or attributable to the acts or omissions of Participant, or any acts or omissions (including actual or alleged negligence) of Hecht or any of the other Releasees (as defined below) or any third party, or any accidents, malfunctions or defects in equipment, machinery or devices, weather conditions, forces of nature or other causes, and whether or not known, anticipated or foreseeable (collectively, and including the risks for each Event/Activity listed below, “Risks”). Participant hereby elects to enter 10 Notch, observe, and engage or participate in or otherwise be involved in, the Event/Activity subject to and in spite of the Risks and expressly assumes all Risks in their entirety and full personal responsibility and security therefor. 

Without limiting the foregoing, Participant understands and agrees to the following: Activities in or around the pool, jacuzzi, water slide, blowup slides/bouncy houses, and other areas of 10 Notch are high-risk recreational activities. Risks for the pool and jacuzzi include, but are not limited to, strong and forceful water, currents and rigorous swimming and other aquatic and non-aquatic physical activities, and potential serious injury and death, including impacts, entanglements or collisions with structures, machinery/equipment, objects and other people, falling, trauma, drowning and pleural effusion.

This Event/Activity requires physical and rigorous activities and Participant shall not engage or participate if Participant is not fully physically and mentally capable of such activities or has any physical or mental injuries, problems or conditions that would render engagement or participation in the Event/Activity to be unsuitable or unsafe for Participant. Participant must read and comply with all signs, rules and regulations and instructions, whether oral or written, for the Event/Activity and failure to do so will increase the Risks. Participant must immediately remove himself/herself from the Event/Activity if at any moment Participant believes that any situation or condition of the Event/Activity is not suitable for Participant or Participant otherwise feels unsafe for any reasons. Any personal gear or equipment belonging to and used by Participant must be in perfect condition and entirely suitable for the Event/Activity and neither Hecht nor any of the other Releasees will be responsible therefor. PARTICIPANT WILL NOT ENGAGE OR PARTICIPATE IF ANY OF THE FOREGOING RISKS OR CONDITIONS ARE NOT ACCEPTABLE OR PARTICIPANT CANNOT MEET ANY OF THE FOREGOING REQUIREMENTS.

Participant Release and Waiver

In consideration of being permitted to enter 10 Notch and engage, participate or be involved in the Event/Activity, Participant, for himself/herself, and for and on behalf of any spouse, heirs, legal representatives, executors, administrators, successors and assigns of Participant (the “Representatives”) hereby expressly and irrevocably, to the maximum extent permitted by applicable law: (i) forever releases, acquits and discharges Hecht and his managers, employees, shareholders, members, partners, joint venturers, sponsors, consultants,invitees, licensees, operators, representatives and agents, and each of their respective successors and assigns (each, a “Releasee” and, collectively, the “Releasees”) of, from and against any and all causes of action, suits, claims, proceedings, damages, judgments, awards, demands, debts, liabilities, obligations, levies. executions, rights, damages, costs, penalties, expenses and fees (including attorneys’ and other professionals’ fees and expenses), whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, whether for accident, property damage or loss, loss of services, personal injury, physical or emotional distress, permanent or temporary disability, death or otherwise, of any kind or nature, which Participant and his/her Representatives ever had, has, or may have, or claim to have against any of the Releasees, in connection with, resulting from or arising out of the Event/Activity, including, but not limited to, the Risks, whether caused in whole or in part by actual or alleged negligence or other acts or omissions of the Releasees or any third party (collectively, “Losses”), (ii) grants to Hecht's consent, permission and authorization to the unlimited, worldwide use in perpetuity of Participant’s name, image, photograph, likeness, other personal attributes or identifying features, quotes or statements, performance and voice obtained or recorded in conjunction with the Event/Activity (collectively, the “Image”), without any other consent, notice, fee, payment, compensation or other requirements, in whatever form or medium now existing or later developed or used, including without limitation, still photographs, film, television, motion pictures, radio, videotape, sound recordings, print and website or internet graphics, in connection with or for any tangible or intangible goods, products, services, packaging, social media posts, promotional materials, events, marketing materials, advertising, and other materials, items or information, (iii) agrees that Hecht may, with respect to all or any portion of the Image, use, publish, display, reproduce, distribute, distort, destroy, alter, retouch, modify, adapt, translate, use in a performance, or change the Image without providing any compensation, notice or any other right or interest to, or receiving the consent of, Participant, (iv) forever releases, waives and discharges any and all Losses, for, upon or by reason of any matter, act or thing relating or arising out of Participant’s presence, observation, engagement, involvement and/or participation in the Event/Activity, or any use of the Image by Hecht, regardless of whether any injury or death or other Loss sustained by Participant is caused by, arises out of or is attributable to actual or alleged negligence or other acts or omissions of any Releasee or any third party, and covenants not to sue any Releasee for any of the foregoing, and (v) transfers and assigns to Hecht all right, title, and interest in and to any and all rights of copyright, trademark and service mark (including goodwill), trade dress, artistic rights, character rights, publicity rights, and any and all other proprietary rights of any kind whatsoever, and also waives all moral rights relating to the Image or the use thereof by Hecht in connection with any of the purposes set forth above in this paragraph.

Participant, for himself/herself, and for and on behalf of his/her Representatives, shall indemnify, defend, and hold harmless the Releasees from and against any and all Losses that the Releasees may incur or suffer (including third party claims), which relate to or arise out of the Image or Participant’s engagement, involvement and/or participation in the Event/Activity, regardless of whether any Loss sustained by Participant is caused by, arises out of or is attributable to actual or alleged negligence or other acts or omissions of any Releasee or any third party. In the event of injury or illness, Participant authorizes Hecht to take all appropriate actions, including administration of emergency medical treatment and ambulance or other transport, and Participant will pay and be solely responsible for all related medical and other related costs and expenses through personal health insurance or other means, and the Releasees shall have no responsibility therefor. Participant will be solely responsible for any damage or loss caused by Participant to any equipment, machinery or other property of the Releasees and shall indemnify and hold harmless the Releasees for all related damages, fees, costs and expenses. Participant will strictly abide by and adhere to all rules and regulations of 10 Notch for the Event/Activity and follow all signage, directions, warnings, instructions and guidance relating thereto, including without limitation, warnings and instructions for proper participation techniques, procedures and methods for the Event/Activity. Participant is in fully sufficient and capable physical, emotional and mental state to engage and participate in each Event/Activity. Participant will not engage or participate in any Event/Activity under the influence of any drugs or alcohol. In the event any portion of this Release shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Release all of which shall remain in full force and effect and be valid and binding. This Release shall be governed by and construed in accordance with the laws of the State of New Jersey and the exclusive jurisdiction for any suits, claims or disputes relating to or arising out of this Release shall be in the state courts located in Essex County, New Jersey or the Federal District Court for the District of New Jersey (and any appellate court therefrom). This Release represents the complete understanding and agreement with respect to the subject matters in this Release and no oral or verbal representations, statements or inducements have been made apart or outside of this Release.

Any and all issues, claims or disputes between any Participant and Hecht or any other Releasee which may relate to or arise under or in connection with any Event/Activity and/or this Release shall be resolved exclusively by, and shall be submitted by such parties to, binding arbitration before the American Arbitration Association (“AAA”) with a single arbitrator (the “Arbitration”), at a location within Essex County, State of New Jersey. The Arbitration may be initiated by any party upon written notice to the other party and filing of the Arbitration with AAA. Each party shall bear its own costs and attorney’s and other professional fees and expenses in connection with the Arbitration, provided the parties shall share equally on a 50/50 basis in the fees and expenses of AAA and the arbitrator. The award or decision of the arbitrator shall be final and binding upon the parties, without any further right of appeal absent fraud or intentional misconduct by the arbitrator, and may be entered for enforcement in any court of competent jurisdiction or any application may be made to any such court for a judicial acceptance of such award and an order of enforcement, as applicable.

PARTICIPANT HAS CAREFULLY READ THIS RELEASE IN ITS ENTIRETY AND FULLY UNDERSTANDS ITS CONTENTS AND ITS MEANING AND ALL LEGAL, ECONOMIC AND OTHER CONSEQUENCES THEREOF. PARTICIPANT IS FULLY AWARE THAT THIS IS A RELEASE AND WAIVER OF SUBSTANTIAL RIGHTS OF PARTICIPANT AND LIABILITIES OF HECHT AND OTHER RELEASEES (INCLUDING LIABILITY FOR NEGLIGENT ACTS OR OMISSIONS), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND PARTICIPANT HAS SIGNED IT VOLUNTARILY AND INTELLIGENTLY OF HIS/HER OWN FREE WILL AS A COMPLETE, UNEQUIVOCAL AND UNCONDITIONAL ACCEPTANCE OF THE FOREGOING RELEASES AND WAIVERS AND OTHER TERMS AND PROVISIONS HEREOF AS A LEGAL, VALID AND BINDING AGREEMENT, WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE OR GUARANTEE OF ANY NATURE BY ANY PARTY.

Each Participant understands that submitting the Participant’s agreement and consent to this Release in electronic or other similar format without an original physical signature (such as, but not limited to, clicking a tab or button labelled “I Agree”, “I Acknowledge” or “I Agree” or “Agreed” or “Acknowledged”, or other similar language, on this website or other media), constitutes a valid, binding and enforceable electronic signature within the meaning of the New Jersey Uniform Electronic Transactions Act, N.J.S.A. 12A:12-1 et seq., and, if applicable, any analogous or similar federal statute or regulation.

I AGREE TO THESE TERMS