SantaMax Experience, Inc. Parent/Guardian Consent, Safety & Liability Acknowledgment

Please read carefully before completing your Santa Max Experience.

I am the parent or legal guardian of the minor child(ren) participating in the Santa Max Experience, operated by Santa Max Experience, LLC (a subsidiary of Project Noah, Inc.) (collectively, "Santa Max"). By completing this form and participating in the experience, I acknowledge and agree to the following:

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1. Parent/Guardian Presence

I understand that a parent or legal guardian is required to remain present in the private Santa Max Experience room throughout the entire appointment. Children will not be left alone with Santa.

2. Two Additional Santa Max Employees

I understand that, for the safety and protection of children, families, Santa, and Santa Max employees, at least two additional Santa Max employees will be present in the room with Santa and the family throughout the experience.

3. Private Does Not Mean Unsupervised

I understand that the Santa Max Experience takes place in a private room reserved exclusively for my family. The purpose of the private room is to provide my family with a personal and uninterrupted Santa experience. The room is not intended to create an unsupervised or isolated interaction between Santa and a child.

4. Appropriate Physical Interaction

I understand that a traditional Santa experience may include ordinary, age-appropriate interactions such as handshakes, high-fives, holding hands, a brief hug, sitting beside Santa, or sitting on Santa's lap when appropriate and desired by the child and/or parent or guardian.

I understand that Santa Max employees are expected to respect each child's personal boundaries and comfort level. A child is never required to participate in physical contact with Santa.

5. Video Surveillance

For the safety and protection of our families, children, Santa, and Santa Max employees, video surveillance is used during the Santa Max Experience.

I understand and consent to video recording of the experience, including the interactions among Santa, Santa Max employees, myself, and my child(ren).

The purpose of the recording is to provide an objective record of the experience and to assist with safety, security, quality control, and the investigation or resolution of any complaint, question, allegation, or dispute concerning what occurred during an appointment.

Recordings will be maintained securely for a period determined by Santa Max (generally not to exceed 180 days unless a longer period is required for an ongoing investigation, legal matter, or as required by law) and accessed only for legitimate business, safety, legal, insurance, or investigative purposes, subject to Santa Max's applicable privacy practices and the law.

6. Objective Record of the Experience

I understand that the presence of my child(ren), myself, Santa, two additional Santa Max employees, and video surveillance provides multiple sources of observation of the Santa Max Experience.

I agree that, if I have a concern regarding an interaction, I will bring that concern to the attention of Santa Max management within 48 hours of the experience, or as soon as reasonably possible thereafter, so that it can be investigated while the circumstances and available evidence are fresh.

7. Assumption of Ordinary Risks

I understand that participation in a live, interactive family entertainment experience involves ordinary risks associated with movement, interaction with other people, entering and exiting the premises, sitting, standing, walking, and participating in the activities of the experience.

I voluntarily assume those ordinary risks on behalf of myself and, to the extent permitted by law, the minor child(ren) participating in the experience.

8. Release and Limitation of Liability

To the fullest extent permitted by applicable South Carolina law, I release, indemnify, defend, and agree to hold harmless Santa Max Experience, LLC, Project Noah, Inc., and their respective owners, officers, directors, employees, independent contractors, volunteers, agents, and representatives from and against any and all claims, demands, losses, damages, costs (including reasonable attorney's fees), or causes of action arising from ordinary risks or ordinary, authorized, or incidental interactions associated with participation in the Santa Max Experience, including claims based upon ordinary negligence, except to the extent that such liability cannot legally be waived or released.

Nothing in this agreement is intended to waive or release liability for intentional misconduct, gross negligence, or any other liability that cannot lawfully be waived or released under applicable law.

9. Voluntary Agreement

I certify that I have read this acknowledgment, understand its contents, have had the opportunity to ask questions, and voluntarily agree to its terms. This agreement shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to conflict of law principles. Any dispute arising out of or related to this agreement or the Santa Max Experience shall be subject to the exclusive jurisdiction and venue of the state or federal courts located in York County, South Carolina.

By checking the box below and submitting this form, I acknowledge that I am signing this agreement electronically and that my electronic acknowledgment is intended to have the same effect as my written signature.

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