RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
By booking an appointment or rental, you agree to the following. Click the button below to eSign Waiver.
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THE PARTICPANT AND PARTICIPANT’S PARENT OR GUARDIAN, IF APPLICABLE, OR A THIRD PARTY WHO HAS EXPRESS AUTHORITY TO REPRESENT THE MINOR PARTICIPANT, IF APPLICABLE (herein after collectively as “PARTICIPANTS”) COVENANTS AND AGREES WITH THE FOLLOWING RULES, TERMS AND CONDITIONS: This is a release of release of liability and indemnity. READ BEFORE SIGNING.
I hereby release, discharge, and covenant not to sue Mission Games LLC, its respective administrators, directors, agents, officers, affiliates, insurers, attorneys, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the activity takes place (each individually and jointly referred to herein as the "RELEASEES", from all liability, claims, demands, losses, communicable diseases, or damages or anything referred to in this RELEASE on my account caused or alleged to be caused in whole or in part by the negligence of the RELEASEES or otherwise, including negligent rescue operations; to release the RELEASEES, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise.
I further agree that if, despite the release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the RELEASEES, I will indemnify, save and hold harmless each of the RELEASEES from any loss, liability, damage, or cost which may incur as the result of such claim.
In consideration of participating in Laser Tag, Game Rentals, Digital Photo Booth, Nerf Parties, or other activities on site, hereinafter referred to as the "ACTIVITY" or "ACTIVITIES", I represent that I understand the nature of the ACTIVITY and that I am qualified, in good health, and in proper physical condition to participate in such ACTIVITY. I acknowledge that if I believe event considerations are unsafe, I will immediately discontinue participating in the ACTIVITY.
I fully understand that this ACTIVITY involves risks of serious bodily injury, including permanent disability, paralysis, and/or death, which may be caused by my own actions, or inactions, or others' participating in the event, the conditions in which the event takes place, or the negligence of the RELEASEES; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs and damages I incur as a result of my participation in the ACTIVITY.
I fully understand that this ACTIVITY and associated ACTIVITIES, may include but are not limited to, running, jumping, crawling, walking, moving through dark and unlit spaces, collisions with objects and/or other participants, and involve inherent and other risks of injury and death. I voluntarily agree to expressly assume all risks of injury or death that may at any time result from any and all such laser tag activities organized or promoted by the Mission Games LLC and the RELEASEES.
I hereby affirm and acknowledge that I am fully informed of the inherent hazards and risks associated with the ACTIVITY, including the rental of equipment and transportation associated therewith of which I am about to engage in. Inherent hazards and risks including, but not limited to:
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Risk of injury from the ACTIVITY and/or equipment utilized is significant including the potential for permanent disability and death;
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Possible equipment failure and/or malfunction of my own or other's equipment;
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This activity includes risks like encountering objects either natural or man-made;
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My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, bunkers, etc.;
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Accidents or illness occurring where there are no medical facilities;
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Fatigue, chills, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident; and/or,
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Processing of multiple light streams, flashing lights, and loud music/noise will be present
I expressly agree to follow all posted, written, and/or orally provided rules and instructions, including but not limited to the rules provided below, for all ACTIVITIES at all times. If I am hosting other participants to use the equipment provided by Mission Games LLC, I further agree to communicate and enforce all rules and instructions. Rules and instructions include but are not limited to:
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No physical contact between participants
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No striking of other participants with equipment
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No foul language or aggressive behavior
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Safety equipment must ALWAYS be worn. This includes but is not limited to the provided eye protection for Nerf Packages
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No throwing of equipment unless that is the express purpose of the equipment which would include but is not limited to cornhole bags, bean bag toss, etc.
I understand that all self-owned equipment to be used along with equipment provided by Mission Games LLC is at my own risk of damage or loss.
I agree and affirm that the equipment will only be used at the address listed on the contract, and only for the purpose for which it was intended and manufactured. In addition, I acknowledge it is my full responsibility to protect the equipment from weather damage, breakage, unauthorized or improper use, and/or theft or loss during my rental period.
In conjunction with the preceding paragraph, I further agree to assume the entire risk of loss, regardless of cause. If items are lost, stolen, and/or damaged, I agree to pay the full cost of replacement or repair including but not limited to labor costs.
I agree that by receiving the equipment, whether by pick up or delivery, that I am acknowledging that the equipment is in full and proper working order and includes all the pieces necessary to operate properly.
I agree to be available to pick up or receive delivery of all equipment and agree to be available to pick up or return all equipment at the agreed upon time and location and understand that changes to the time and/or location of pick up or delivery may result in additional charges. I understand that logistic confirmations may happen via electronic communication or phone call.
I agree to provide a copy of my driver's license or other legal form of photo identification as a requirement to pick up or receive delivery for equipment.
I hereby grant Mission Games LLC the irrevocable and unrestricted right to use and publish photographs, videos, and/or other images of me/my child, or in which I/my child may be included, in any print, electronic, digital, or other media; and to alter the same without restriction. This includes photos, GIFs, Boomerangs, and videos taken via the Digital Photo Booth. I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these images. I irrevocably assign such images' rights and uses to Mission Games LLC into perpetuity, revocation of this document will not negate this paragraph. I hereby release Mission Games LLC and its legal representatives and assigns from all claims and liabilities relating to said images.
By providing my email address below, I represent and warrant that it may be used for receiving promotions, newsletters, etc. from Mission Games LLC and affiliates.
It is my and/or my child's voluntary intent to participate in the Activities. Whether participating, observing, or a combination of both, I acknowledge for all that I legally represent that I am aware that there are risks to me of exposure directly or indirectly arising out of, contributed to, by, or resulting from an outbreak of any and all communicable disease, including but not limited to the virus "severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)" which is responsible for Coronavirus Disease (COVID-19) and/or any mutation or variation thereof. By signing this waiver, I agree to indemnify RELEASEES from any liability to any person contracting a communicable disease by me or my party and release the RELEASEES from liability to me and my party from liability on account of contracting a communicable disease by reason of a third party.
In consideration of having the opportunity for me/my child to participate and/or observe, I knowingly and freely assume all such risks, both known and unknown even if arising from the negligence or potential exposure from other participants. The risk of serious illness and death does exist. Mission Games LLC does not and cannot guarantee or warrant that participants will not contract a communicable disease including, but not limited to, COVID-19. I am acknowledging that I am aware of and willing to assume the risks associated. I have read this release of
liability and assumption of risk agreement, and fully understand its terms. The information contained herein is to be read and explained to participants with the agreement to hold harmless the RELEASEES from any and all liability incidents to me/my child's involvement, observance, or participation in any or all of the offered Activities, to the fullest extent as permitted by law.
I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that have given up substantial legal and other rights by signing it and have signed it freely and without any inducement and assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent
allowed by law and agree that if any provision of this document is found to be unenforceable, the remaining items shall be enforced.
By personally signing and agreeing to this agreement, I warrant that I am at least eighteen (18) years of age. Where this agreement is executed by a parent, guardian, or other person for and on behalf of the participant, the person so executing warrants that he or she has the authority to do so and agrees to indemnify the RELEASEES in terms contained in this agreement.