Party Liability Waiver

Liability Waiver

In consideration for gaining access to and engaging the services of DJ KMD, LLC dba Sugar Plum Parties, including their respective members, managers, directors, officers, employees, agents and representatives ("Sugar Plum Parties”), on behalf of myself, my spouse, children, parents/guardians, heirs, assigns, personal representatives, estate and insurers, if any, I agree as follows:

I acknowledge that my participation in a Sugar Plum Parties event and activities entails known and unanticipated risks that could result in physical or emotional injury, including, but not limited to, bodily injury or property damage. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the event and activities. I expressly agree and promise to accept and assume all of the risks existing in such event and activities. My participation in such event and activities is purely voluntarily and I elect to participate notwithstanding such risks.

If I am injured, I acknowledge that I may require medical assistance, which I understand will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medial expense. I UNDERSTAND THAT SUGAR PLUM WILL NOT PAY FOR ANY COST OR EXPENSE INCURRED BY ME IF I AM INJURED UNLESS SUCH INJURY WAS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUGAR PLUM.

I release and discharge Sugar Plum Parties of and from any and all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to Sugar Plum Parties’ resulting from my participation in a Sugar Plum Parties event or activities, other than directly and solely resulting from Sugar Plum Parties’ gross negligence or willful misconduct. Further, I shall not bring any claim, demand, lawsuit, legal or administrative action against Sugar Plum Parties in respect of any of the foregoing. Should Sugar Plum Parties be required to incur attorneys’ fees, expenses or other costs to enforce this Agreement, I agree to indemnify and hold Sugar Plum Parties harmless for all such fees, expenses or other costs.

I certify that I am physically able to participate in all Sugar Plum Parties events and activities. I have been informed of the rules governing my participation in Sugar Plum Parties events and activities (the "rules”) and that failure to follow the rules could result in being removed from such event or activity.

If any term, condition or provision, or any portion of this Agreement is determined to be invalid or unenforceable under any statute or rule of law, such provision shall be enforced to the maximum extent possible to give effect thereto, and the remainder of this Agreement shall remain in full force and effect to the maximum extent permissible without being impaired or invalidated in any way. This Agreement shall be governed by and construed in accordance with the laws of Massachusetts without regard to the conflict of laws provisions thereof.

By acknowledging this Agreement, I acknowledge that I have had sufficient opportunity to read this entire Agreement and voluntarily agree to be bound by its terms.