Rental Agreement & Waiver

THE WHITE CASTLE UTAH, LLC RENTAL AGREEMENT, WAIVER AND GENERAL RELEASE FROM LIABILITY This Equipment Rental Agreement (the "Agreement") is made and entered into effective as of the rental date shown on the booking, by and between THE WHITE CASTLE UTAH, LLC, a Utah limited liability company ("Lessor") and the Responsible Party named on the booking ("Lessee"). In consideration of the use of the Equipment by Lessee, and in consideration of the payment by Lessee to Lessor, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Lessor and Lessee, each intending to be legally bound, agree as follows: 1. Delivery and Right to Enter Premises. Lessor agrees to deliver to Lessee the Equipment, described on the booking, at the appropriate Start Time and on the Rental Date. Lessor will pick up the Equipment at the End Time. Lessee hereby grants unto Lessor the right to enter any property necessary to deliver and pick up the Equipment. 2. Additional Rental Costs. In the event that the Equipment is not able to be picked up by Lessor due to the fault of Lessee at the End Time, Lessee agrees to be responsible for additional rental costs, up to but not exceeding, twice the amount of the Price Total. 3. Cancelations; Refund. Lessee shall be entitled to a refund of 100% of the Price Total in the event that Lessee informs Lessor of the need for a cancellation at least forty-eight (48) hours in advance of the Rental Date and Start Time. In the event that Lessee informs Lessor of the need for a cancellation within forty-eight (48) hours of the Rental Date and Start Time, Lessee shall be entitled to a refund of 75% of the Price Total. 4. Use, Repair and Maintenance of Equipment. Lessee warrants and certifies that the Equipment has been received in good and workable condition and will be returned in the same condition, with the exception of ordinary wear and tear. Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever during the period of the rental, which shall be deemed to be the entire time the Equipment is in the possession of the Lessee. In the event of loss or damage of any kind whatsoever to the Equipment, Lessee shall pay to Lessor the full replacement cost, including labor, of the Equipment. 5. Disposal or Sublease. Lessee agrees not to loan, sublet or otherwise dispose of the Equipment or use it in any other location than the Delivery Address on the booking. 6. Indemnity. Lessee shall assume all responsibility with respect to the use of the Equipment and Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs, arising out of, connected with, or resulting from Lessee's use or possession of the Equipment, including without limitation any injury or death to persons or damages to property, and any and all liability or claims which are related to, arise out of, or are allegedly attributable to the use of the Equipment, including but not limited to negligent acts or omissions on the part of Lessor. In the event that the assumption of risk and liability by Lessee, as contained in this Agreement, is held to be unenforceable for any reason, Lessee agrees to a limit on any damages and/or relief claimed by Lessee to the Price Total paid by Lessee to Lessor for the rental. Any reference herein to Lessor shall include the Lessor's owners, managers, employees, agents, contractors, or affiliates. Lessee further agrees to reimburse any reasonable attorney's fees and costs which may be incurred by Lessor or Lessor's owners, managers, employees, agents, contractors, or affiliates in defense of any such liability claim, demand, action or right of action. 7. Minor Children and Inherent Danger. Lessee hereby acknowledges that the Equipment may be dangerous and attractive to minor children and other persons. Lessee agrees to supervise the Equipment and its use at all times when the Equipment is in the Lessee's possession. Lessee agrees to advise all guests of the inherent danger and require all guests, users and invitees of the Equipment to follow safety rules and sign a waiver and release, waiving and releasing Lessor from liability as the result of injury and/or death. The failure of Lessee to have all guests, users and invitees of the Equipment sign such waiver shall not adversely impact the rights and obligations of either Lessee or Lessor as set forth in this Agreement. 8. Insurance. Lessee hereby acknowledges that Lessee has sufficient homeowner's insurance, tenant insurance, or other liability insurance to cover any bodily injury or property damage which might result in injury to Lessee and any and all guests and invitees of Lessee from the use of the Equipment. 9. Entire Agreement. This Agreement constitutes the entire agreement between Lessor and Lessee on the subject matter hereof and it shall not be amended, altered, or changed except by a further writing signed by the parties hereto. 10. Attorneys' Fees. In the event of any legal or equitable proceeding for enforcement of any of the terms or conditions of this Agreement, or any alleged disputes, breaches, defaults or misrepresentations in connection with any provision of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costs and expenses, whether before or after judgment. 11. Jurisdiction and Venue. In the event of a lawsuit, it is agreed by the parties that the substantive law of the State of Utah shall apply to such action, and that proper venue shall be in the Second District Court of the State of Utah (Davis County). 12. Understanding. Lessee acknowledges and certifies that Lessee has had sufficient opportunity to read this entire Agreement, that the Lessee has executed this document freely, intelligently, and without any duress or misrepresentation of any kind and that the Lessee agrees to be bound by its terms. WAIVER AND RELEASE FROM LIABILITY WARNING: BOUNCING ON A BOUNCE HOUSE MAY RESULT IN INJURY AND/OR DEATH I, the Responsible Party named on the booking ("I"), have voluntarily elected to participate and/or allow my child(ren) or any party I am responsible for (together, "My Party") to participate in playing on bounce house(s), and I fully understand that this involves jumping on air-filled entertainment toy(s) and that there are health and safety risks associated with this type of activity. I, therefore, assume all risk of injury and/or death to My Party that is associated with this event, and I will not hold the event organizers, sponsors, and/or anyone affiliated with them, including but not limited to The White Castle Utah, LLC (the "Company"), or any of the Company's owners, managers, employees, agents, contractors, or affiliates, responsible for any circumstances leading to injury and/or death to My Party as a result of participating in playing on the bounce house(s) owned by the Company in connection with this event. I hereby confirm that My Party participating at the event is and are in good physical condition and do not suffer from any disabilities or physical conditions that place My Party or others at risk or that should otherwise prohibit their participation in this event. I hereby waive and release, indemnify, hold harmless and forever discharge the Company, including any and all of the Company's owners, managers, employees, agents, contractors, or affiliates, responsible for any circumstances leading to injury and/or death to My Party. I understand that the activities that My Party will participate in on the date the bounce house(s) is/are used are inherently dangerous and participation may cause harm or grievous injuries, including bodily injury, damage to personal property and/or death. I, on behalf of My Party, myself, my spouse, heirs, executors, administrators, representatives, successors, assigns and next of kin, waive all claims for damages, injuries and death sustained to me or my property that I may have against the Company related to such activity. By this WAIVER AND RELEASE, I assume any risk, and take full responsibility and warranty of any and all claims of personal injury and death or damages related to, but not limited to, my use and the use by My Party of the bounce house(s) and/or engaging in activities on and near the bounce house(s). This WAIVER AND RELEASE contains the full and complete agreement between the Parties, the items are contractual and not merely a recital, and supersedes any and all prior written or oral agreements and representations between the Parties concerning the activities and the WAIVER AND RELEASE. Any additional changes in this WAIVER AND RELEASE shall be valid only if set forth in writing and signed by all the Parties. Furthermore, this WAIVER AND RELEASE is binding upon the undersigned and his/her respective spouse, heirs, next of kin, executors, administrators, representatives, successors and assigns. This WAIVER AND RELEASE shall be subject to the laws of the State of Utah. The provisions of this WAIVER AND RELEASE will remain in issue and in full force and effect even after termination of the Parties' activities. I acknowledge that I have read, understand, and fully agree to the terms of this WAIVER AND RELEASE and its contents. I understand and confirm that by accepting this WAIVER AND RELEASE I have given up considerable future legal rights. I have accepted this WAIVER AND RELEASE voluntarily, under no duress or threat of duress, without inducement, promise, or guarantee being communicated to me. My electronic acceptance is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I am 18 years of age or older and mentally competent to enter into this waiver. RULES: Bounce house limits 300 lbs. total weight and/or 6 children. There MUST be an adult watching the bounce house when children are playing AT ALL TIMES.

The White Castle Utah, LLC — Rental Agreement, Waiver and General Release from Liability