WAIVER, RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT As consideration for being allowed to participate in rental of roller skates, games of laser tag, games of mini golf, games of bocce ball, arcade games, offsite events, and/or participation in Aloha Roller Rink, Aloha Fun Center, Coin Toss Ventures, the undersigned acknowledges, appreciates, understands and agrees to the following: I, on behalf of myself and, if applicable, my child or ward, acknowledge and understand that there are known and unknown risks associated with participation in the activity, which include but are not limited to: injuries, contusions, fractures, scrapes, cuts, bumps, paralysis, or death. I, on behalf of myself and, if applicable, my child or ward, willingly assume the risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS which I also willingly assume. I agree I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation. I (on behalf of myself, my child or ward, my spouse, heirs, assigns, representatives and next of kin) agree to hold harmless, release, waive, and indemnify the independent owner of the property, Aloha Roller Rink, Aloha Fun Center, Eastridge Center, Elizabeth Ruiz, San Jose Parks & Recreation, San Jose Police Department, the City of San Jose, San Jose Downtown Association, the County of Santa Clara, Pacific Retail, and any other associated entities, their predecessors, successors, agents, parent, subsidiaries and affiliates, members, officers, independent contractors, employees and volunteers from any and all claims, causes of action, injuries, liabilities, or damages from participation, including any claim that may arise due to negligence or gross negligence on their part. I (on behalf of myself, my child or ward, my spouse, heirs, assigns, representatives and next of kin) additionally agree to indemnify the independent owner of the property, Aloha Roller Rink, Aloha Fun Center, Eastridge Center, Elizabeth Ruiz, San Jose Parks & Recreation, San Jose Police Department, the City of San Jose, San Jose Downtown Association, the County of Santa Clara, Pacific Retail, and any other associated entities, their predecessors, successors, agents, parent, subsidiaries and affiliates, members, officers, independent contractors, employees and volunteers for any defense cost or expense arising from any and all claims, causes of action, injuries, liabilities, or damages arising from participation, including any claim that may arise due to negligence or gross negligence on their part. I am physically able to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion. I have read and understand the rules and agree to comply with them. I understand that no outside alcoholic beverages are permitted onsite. Any sold onsite may not be taken offsite. I acknowledge it is against the law to serve, provide, or make available alcohol to anyone under the age of twenty-one (21). I swear and affirm not to provide anyone under the age of twenty-one (21) with alcohol. I understand alcohol may impair my ability to participate in activities and entertainment. I am solely responsible for any and all damages suffered by myself or that I may cause to third parties as a result of said consumption to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. I understand that participation by myself and, if applicable, my child or ward, constitutes consent to use any film, video, or likeness of participants for any purposes whatsoever, without payment to the participant. If you want to opt out of this please notify management. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. Any controversy, dispute, or claim arising out of or relation to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration in Santa Clara County before a single arbitrator in accordance with the rules of the American Arbitration Association then in effect.
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