The undersigned, on his or her own behalf and on behalf of the child listed above, hereby releases Kidokinetics. from any and all liability arising out of or connected with the above-listed child’s participation in any Kidokinetics. The program, even though that liability may arise due to negligence or carelessness on the part of Kidokinetics, its officers, agents, or employees, and further, on behalf of myself and the child listed above, waive any and all claims of any kind against Kidokinetics., its officers, agents or employees arising from or in connection with the services provided by Kidokinetics as part of its programs. By agreeing, you consent to be contacted by Kidokinetics. RELEASE, WAIVER OF LIABILITY, DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This RELEASE, WAIVER OF LIABILITY, DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT is effective this ____ day of _____________, 2023 by and between HABIT LLC, operating as Kidokinetics Greater Milwaukee Area (the “Company”) and ______________________ (the “Parent/Guardian”) In consideration of the minor child, ___________________(“Participant”), participating in Kidokinetics activities, the Parent/Guardian acknowledges, agrees and admits: INDEMNITY OBLIGATION OF PARENT/GUARDIAN/PARTICIPANT: Parent/Guardian shall release, defend, indemnify and hold harmless Company, its officers, its members, its employees, and its successors and assigns ( collectively “Indemnified Party”) against any bodily injury, property damage or personal injury, loss, damage, claim, suit, liability, judgment, and expense (including but not limited to attorneys’ fees, and other costs of litigation), and any liens, penalties, or assessments, arising out of injury, disease or death of persons or damage to or loss of any property or violation of the applicable law, due to negligence, carelessness, action of, or failure of action of the Company, suffered by Participant for whom the Parent/Guardian is directly or indirectly responsible. ACCEPTANCE OF RISK BY PARENT/GUARDIAN: The potential risks of the participating in Kidokinetics activities (including but not limited to injury or death of individuals participating in Kidokinetics activities) are expressly assumed by Parent/Guardian as to such risk and all related liability. Further, Parent/Guardian recognizes inherent risk in Kidokinetics activities, and Parent/Guardian assumes the entire risk and responsibility for property damage and personal injury, harm, or death that may occur to the Participant, their child(ren), themselves, or any guest they bring with them as a result the inherent risk in Kidokinetics activities. RELEASE: The Parent/Guardian releases and forever discharges Company and its officers, its members and its employees from any and all liabilities, losses, damages, costs and expenses (including but not limited to: fees and charges of attorneys and court and arbitration costs) of any kind and nature whatsoever, known and unknown, that Participant may suffer arising out of participating in Kidokinetics activities. INDEMNIFICATION: To the fullest extent permitted by law, the Parent/Guardian agrees to defend, indemnify and hold Company and its officers, members, and its employees, successors and assigns harmless from and against any and all claims, demands, actions, right of action (at law or in equity) because of any injury (including death) or damage to person or property arising out of Participant’s participation in Kidokinetics activities.