Wonderfly Arena Waiver

WONDERFLY EVENTS LLC

UNIVERSAL PARTICIPATION, ASSUMPTION‑OF‑RISK & INDEMNITY AGREEMENT
(Covers Wonderfly Arena – Arbutus & Timonium & Wonderfly Games) 

READ CAREFULLY – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
If you cannot read this Agreement, you must have it read to you in full before signing.

By entering the Premises, spectating, renting space, or taking part in any Activity, you agree to all terms below for yourself and for any minor child you sign for. IF YOU DO NOT AGREE, DO NOT ENTER.

1. DEFINITIONS

• Wonderfly: Wonderfly Events LLC, all d/b/a entities, their owners, managers, employees, contractors, landlords, insurers, other participants, invitees, and affiliates.
• Premises: Wonderfly Arena - Arbutus: 4811 Benson Ave, Arbutus MD 21227 and Wonderfly Arena - Timonium: 1913 Greenspring Dr, 2nd Fl, Timonium MD 21093; all parking lots and any off‑site areas controlled by Wonderfly.
• Activities: All sports, games, interactive experiences, fitness uses, and entertainment offered by Wonderfly (including, without limitation, the following illustrative examples: bubble ball, inflatable human‑hamster balls, archery‑tag with foam arrows, Nerf® battles, dodgeball, laser tag, virtual reality, esports, racing simulators, soccer, flag‑football, dance/video‑games, dancing, giant Jenga, basketball, lacrosse, baseball, softball, weight lifting, fitness classes, ping pong, etc.).
• Event Use: Any non‑recreational rental or gathering on the Premises at which no Activities are provided (e.g., meetings, trade shows, wedding receptions).
• Agreement Term: This Agreement applies to today’s visit and to every visit or Activity occurring within twenty-four (24) months of the date signed, unless revoked in writing.

2. ACTIVITIES & INHERENT RISKS

ACTIVITIES INVOLVE VARIABLE LIGHTING (BLACKLIGHTS, ULTRAVIOLET LIGHTS, STROBES, LASERS), AMPLIFIED MUSIC, FOG EFFECTS, TURF, CONCRETE AND OTHER HARD SURFACES. ACTIVITIES MAY REQUIRE STEPPING BETWEEN TURF, CONCRETE, AND VINYL FLOORING WITH RAISED EDGES OR TRANSITIONS, WHICH MAY CREATE TRIP HAZARDS. INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, SLIPS, TRIPS, COLLISIONS, FALLS, BEING STRUCK, SUDDEN LOUD OR FLASHING STIMULI, EMOTIONAL STRESS, ALLERGIC REACTIONS, HEAT EXHAUSTION, SERIOUS INJURY, PARALYSIS, AND DEATH, AS WELL AS RISKS SPECIFIC TO LOW-LIGHT ENVIRONMENTS, STROBE EFFECTS, AND SUDDEN LOUD MUSIC THAT MAY TRIGGER PHOTOSENSITIVE EPILEPSY OR PANIC.

YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH INHERENT RISKS OF PARTICIPATION OR SPECTATING.

3. HEALTH, MEDICAL & COMMUNICABLE-DISEASE ASSUMPTION OF RISK

1. You certify that you (and any minor) are physically able to participate and are not experiencing known symptoms of a communicable disease (including COVID‑19, influenza, RSV, or similar).
2. You understand Wonderfly provides no medical, health, or disability insurance. You authorize emergency medical care and agree to pay all associated costs.
3. Communicable-Disease Assumption.  I understand exposure to communicable diseases (including COVID-19, influenza, RSV) is an inherent risk of public spaces, and I voluntarily assume that risk except to the extent caused by Wonderfly’s gross negligence or intentional misconduct.

4. FOOD, BEVERAGE & VENDORS

1. Wonderfly sells only sealed, pre‑packaged snacks and drinks. Outside food is permitted.
2. Wonderfly disclaims liability for allergic reactions, foodborne illness, contamination, or any adverse reaction arising from food or beverages provided by external vendors, guests, or pre-packaged items sold by Wonderfly.
3. Alcohol (BYOB): Alcohol may be served only by a bartender who: (i) is at least 21; (ii) holds valid TIPS®, ServeSafe®, or equivalent certification; (iii) carries at least US \$1,000,000 Liquor Liability insurance naming Wonderfly Events LLC and its landlords as Additional Insureds; and (iv) checks IDs and refuses service when appropriate. A Certificate of Insurance must be delivered to Wonderfly seven (7) days before the event. Wonderfly may immediately suspend alcohol service or terminate the event, without refund, upon any violation of this Section. Alcohol service must cease thirty (30) minutes before the scheduled event end time.
4. Third‑Party Vendors: All vendors are independent contractors and must: (i) carry General Liability insurance of US \$1 M per occurrence / US \$2 M aggregate (plus Auto, Workers’ Comp, and Liquor where applicable) naming Wonderfly and landlords as Additional Insureds; (ii) defend and indemnify Wonderfly from their acts or omissions. A Certificate of Insurance must be delivered to Wonderfly seven (7) days before the event. Wonderfly disclaims all liability for vendor actions, food‑borne illness, or property damage.
   

5. RESTRICTED‑AREA / NO‑ACCESS CLAUSE

Mechanical rooms, janitorial closets, staff fitness rooms, chemical storage areas, any space marked “STAFF ONLY,” and any similarly restricted zones are strictly off‑limits, whether or not a lock, barricade, or other physical barrier is present. Entering or attempting to bypass signage constitutes trespass and is grounds for immediate ejection without refund and may result in civil or criminal liability.

6. CONDUCT & SUPERVISION

As a condition of Participation you—and any minor you supervise—agree to follow all staff instructions and the Code of Patron Responsibility below. Violation is grounds for ejection without refund.

I acknowledge I have received, read, or scanned the written Wonderfly Safety Rules posted at the front desk and online.

1. Safety Briefing: Do not use any equipment until briefed by Wonderfly staff and expressly permitted to participate.
2. Intended Use Only: Use equipment solely for its intended purpose and only under Wonderfly supervision. You are liable for damage arising from misuse.
3. Prohibited Conduct: No head‑to‑head contact, jumping onto others, slide‑tackling, hitting from the side or rear, intentional collisions, rolling down hills, never fire Nerf® projectiles at any guest who is not wearing protective eyewear and never fire an Arrow Tag / Archery Tag arrow at any guest who is not wearing a full protective face mask. No slip‑and‑slide use, human bowling, sumo games, “last‑man‑standing,” or any stunt encouraging intentional impact.
4. No firearms, tasers, knives with blades over three (3) inches, or controlled substances are permitted anywhere on the Premises.
5. Bubble Ball Safety: Bubble Ball may be played only on the turf field and only with Wonderfly staff permission. Players must not: (i) hit from behind or head-first; (ii) strike or run full-speed into anyone (inside or outside a bubble); (iii) jump into others or while inside the bubble; (iv) bump yourself or anyone into walls, poles, or objects; or (v) collide intentionally. If a bubble is loose, low on air, or improperly adjusted, you must stop play immediately and notify staff.
6. Arrow Tag / Archery Tag Safety: Participation is allowed only on the turf field, only with Wonderfly staff permission, and only after receiving safety instruction and wearing a face mask. Never fire if the foam tip is loose or missing, never aim at anyone without a mask, never shoot off-field, and do not shoot at players closer than 20 feet or those standing in the center safe zone. Stop play immediately when staff announce the game is over. Never grab an arrow if another player is already holding it. If you and another player are both holding an arrow, release it immediately.
7. Hamster Ball Safety: Enter the ball only with Wonderfly staff permission and after a safety briefing; always crawl in head-first, shoes off, no jumping or diving. Inside the ball you may walk or jog only—no flips, jumps, dives, or collisions with walls, objects, other balls, or guests. Do not propel the ball into anything. Exit slowly, feet-first, with staff assistance; never jump, dive, or roll out.
8. Supervision: I/we accept sole responsibility for my/our own conduct and for closely supervising any minor I sign for, and will not rely on Wonderfly staff for continuous monitoring.
9. Footwear & Attire: Closed‑toe athletic shoes are required. Cleats, bare feet, flip‑flops, and socks are prohibited. Remove hard, sharp, or dangling objects (buckles, pens, purses, badges, etc.).
10. Medical Fitness: Do not participate if pregnant, recovering from surgery, or with heart, lung, spine, joint, circulatory, or other medical conditions that could be aggravated by activity.
11. Medical Advice: I/we are not participating against the advice of any medical professional.
12. I acknowledge and understand that Wonderfly does NOT provide detailed instruction on how to participate in each Activity beyond the verbal instructions, Safety Rules, and posted signage.
13. Hydration & Heat: It is your responsibility to hydrate and stop activity at the first sign of heat exhaustion.
14. Substance Use: Participation while under the influence of drugs or alcohol is prohibited. No refund will be issued if you are removed for violation.
15. Weather & Field Conditions (Off‑Site): Wonderfly may cancel or postpone activities for rain, lightning, high winds, mud, or unsafe surfaces. Refunds or credits follow Wonderfly’s postponement policy.
16. Cleanup Fee: Wonderfly may, in its sole discretion, charge a cleanup fee if equipment or facilities are soiled beyond normal wear (e.g., vomit, excessive mud, blood) and require extensive cleaning.
17. Identity Verification: Wonderfly reserves the right to review a government-issued ID or other identification to verify identity and age.
18. Age & Proximity Rule: Children under five (5) years old must remain at least fifteen (15) feet from any play zone or field of play at all times and may not participate in Activities. I/we will keep such children in the designated spectator or party areas and under close supervision.  I/we further agree to follow any additional age restrictions that Wonderfly may post or announce for specific Attractions or Events.

As a condition of Participation, I/we acknowledge and understand that a violation of the Safety Rules may contribute to and/or cause injury to myself, any or all individuals named herein, or others.

7. ASSUMPTION OF RISK, INDEMNITY & COVENANT NOT TO SUE

A. Recreational Use (Activities). Pursuant to Md. Code Cts. & Jud. Proc. § 5-401.2 (eff. Oct 1 2024) Wonderfly cannot require you to waive claims for Wonderfly’s own negligence relating to Activities. You nonetheless:

1. Assumption of Inherent Risks. You assume all inherent risks described in § 2; and

2. Participant Indemnity. You agree to defend, indemnify, and hold harmless Wonderfly from any claim, damage, or expense arising from your own acts or omissions (or those of any minor you sign for), including claims by other guests or vendors, except to the extent such claim arises from Wonderfly’s own negligence or intentional misconduct; and

3. Covenant Not to Sue. To the fullest extent allowed by law, you agree that you will not sue or make any claim against Wonderfly for injuries, damages, or losses resulting from (a) the inherent risks described in § 2, or (b) the acts or omissions of yourself or any minor you sign for. This covenant does not apply to claims that Wonderfly’s gross negligence or intentional misconduct was a proximate cause of injury.

If any portion of this Section is held unenforceable under Md. Code Cts. & Jud. Proc. § 5-401.2, that portion shall be severed and the remainder enforced to the fullest extent permitted by law.

B. Event Use (Non-recreational; no "recreational facility" Activities provided) If you rent the Premises solely for Event Use and no Activities are provided or permitted, you WAIVE AND RELEASE Wonderfly from liability for ordinary negligence to the fullest extent allowed by law and agree to the indemnity in § 7-A-2. The covenant not to sue in § 7-A-3 also applies to Event Use.

8. ADDITIONAL RISK‑TRANSFER TERMS

1. SEVERABILITY & BLUE-PENCIL: A court may modify an unenforceable clause to the minimum extent needed to make it lawful.
2. Equipment Damage Deposit: Participant authorizes Wonderfly to charge the payment method on file for intentional or reckless damage to Wonderfly equipment up to US $500 without further notice.
3. Personal‑Property Loss: Wonderfly is not responsible for lost, stolen, or damaged personal property.
4. No Subrogation: Participants waive subrogation and will ensure their insurer honours this waiver.
5. Class‑Action: Claims must be brought individually; no party may pursue class or collective relief.
6. Force‑Majeure: Wonderfly is excused from performance and not liable for refunds for events beyond its reasonable control (e.g., severe weather, utility outages, government orders).
7. Attorneys’ Fees: If Wonderfly or any Releasee incurs attorneys’ fees or costs to enforce this Agreement, you agree to immediately defend, indemnify, and hold them harmless for all such fees and costs.
8. Notice of Injury:  Participant agrees to alert Wonderfly of any injury before leaving the Premises on the date the injury occurs; this notice is for safety investigation only and is not a prerequisite to making a legal claim.  Participant understands Wonderfly typically does not retain video surveillance beyond thirty (30) days.

9. PHOTO / VIDEO

Wonderfly may photograph, record, and / or live‑stream the Premises and its occupants. You grant Wonderfly a world‑wide, perpetual, royalty‑free licence to use your image, likeness, and voice for any lawful purpose. To opt out, notify the front desk in writing before entering play or event areas; you will receive a visible wristband and may be directed away from public‑facing zones.

Wonderfly may collect and store personal information (e.g., name, contact details, IP address, signature log) for safety, legal, and marketing purposes in accordance with its Privacy Policy. Participant releases Wonderfly from any claim for defamation, invasion of privacy, or violation of rights of publicity arising from lawful use of such media.

10. ARBITRATION, CLAIM LIMIT & CLASS ACTION WAIVER

This arbitration agreement is made pursuant to, and shall be governed by, the Federal Arbitration Act (9 U.S.C. §§ 1-16). Except claims that cannot legally be arbitrated, any dispute shall be resolved by binding JAMS arbitration in Baltimore County, Maryland under the Streamlined Rules. Any claim must be filed within one (1) year of the incident, unless a longer limitations period is required by applicable law. No party may join or consolidate claims, and each waives trial by jury. Wonderfly shall pay all JAMS filing and administrative fees in excess of US $250.  Either party may elect to bring an individual claim in Maryland small-claims court in lieu of arbitration.

11. MISCELLANEOUS

1. Severability: If any clause is held unenforceable, the remainder remains in effect; a court may modify an unenforceable clause under the Blue-Pencil clause in § 8.
2. Entire Agreement: No oral statements modify this writing.
3. Electronic Signatures: The parties intend this Agreement to be an electronic record signed under the Maryland Uniform Electronic Transactions Act, Md. Com. Law § 21-101 et seq., and any electronic signature or check-box acknowledgment will be deemed an original. Digital, facsimile, and PDF signatures are fully binding.
4. Modification: Only a document signed by you and Wonderfly’s Managing Member can modify these terms.
   
5. Choice of Law: Maryland law governs.
6. Translation: A Spanish version is available upon request at the front desk.
   

12. REPRESENTATIONS & ACKNOWLEDGMENTS

• You are at least 18 years old or are the legal parent/guardian of the minor(s) listed below.
• All information you provide is true. Misrepresentation of age or parental status voids your right to participate and subjects you to indemnity obligations.
• Parents/Guardians: You agree that, upon the minor reaching majority (age 18), the indemnity and assumption‑of‑risk survive and bind the now‑adult participant.
• You have read this Agreement, or had it read to you in full language you understand, had the opportunity to ask questions, and sign it voluntarily.
• Signatory Authorization: By signing, I represent, under penalty of perjury, that I am actually authorized to sign this Agreement on behalf of every individual named herein.  I understand Wonderfly is relying on this representation and agree to defend and indemnify Wonderfly from any loss arising out of a mis-representation of my authority.

• I acknowledge I have had the opportunity to ask Wonderfly staff any questions about this Agreement.

READ THIS WAIVER CAREFULLY.

By signing below you (1) assume the inherent risks of Wonderfly’s Activities, (2) agree to defend and indemnify Wonderfly Events LLC, its landlords, and all other participants for your own acts or omissions, and (3) waive class-action rights and agree to binding arbitration of any dispute.  Do not sign if you do not understand.

I am unaware of any medical condition (e.g., epilepsy, heart condition, pregnancy) that would make participation unsafe.

 I have read, understand, and agree to the Conduct & Supervision rules in Section 6.

 I am at least 18 years old or the legal parent/guardian of each minor participant listed below. 

 I have authority to sign for everyone named and the information is true.

  I understand Wonderfly staff are not medical professionals and that it is my responsibility to stop participating if I feel unwell or unsafe.

⚠ NOTICE TO PARENTS / GUARDIANS: A waiver signed on behalf of a minor cannot prevent the minor from bringing a claim against Wonderfly for gross negligence or for violation of a statute created to protect the public. By checking the box above and signing below, you acknowledge this limitation under Maryland law.

Please review and initial below:

• ASSUMPTION OF RISK, INDEMNITY & COVENANT NOT TO SUE (SECTION 7) 
• ADDITIONAL RISK-TRANSFER TERMS, INCLUDING WAIVER OF PUNITIVE DAMAGES (SECTION 8) 
• PHOTO / VIDEO & PRIVACY CONSENT (SECTION 9) 
• ARBITRATION, 1-YEAR CLAIM LIMIT, AND CLASS & JURY-TRIAL WAIVERS (SECTION 10) 

© 2025 Wonderfly Events LLC. All rights reserved.  |  Revised June 2025