In consideration of being permitted by Duck n Dodge, LLC (sometimes referred to as “DND” or the “Company”) to participate in its activities, including without limitation, archery tag, foam dart tag, foam disc tag, foam round tag, or dodge ball (collectively the “Activities”) and to use its equipment and facilities, I, (the “Participant”), do hereby enter into this Duck n Dodge, LLC Waiver, Assumption of Risks, and Indemnity Agreement (sometimes referred to as “Waiver” or “Agreement”). By signing this Waiver, I am acknowledging the risks and warnings set forth in this Agreement and forever waiving and releasing any and all claims I may now or later have against the Company its agents, owners, members, directors, partners, employees, suppliers, manufacturers, affiliates, successors and assigns (collectively the "Released Parties") , and related in any way to the use of the DND’s equipment or facilities. 1. RELEASE OF CLAIMS, INCLUDING CLAIMS OF NEGLIGENCE AGAINST DND: Participant hereby agrees to fully and permanently release, waive and discharge DND , and the Released Parties. from any and all claims, liability, demands, or causes of action related in any way to my use of DND’s equipment or facilities, including potential negligence claims, without regard to whether a claim already exists or may arise in the future. I understand that (a) DND makes its property available to customers for recreational use only, (b) using the property is purely a volunteer recreational activity designed for fun and is not necessary or required of me in any sense, (c) I am assuming the risks set forth in this Agreement, and (d) if I am signing this Agreement to allow a minor child use of the equipment, that I am representing and warranting that I have the legal ability to sign this form on their behalf and have medical insurance and the ability to pay for and indemnify DND from any and all bills, losses, liabilities, claims, obligations, costs, damages or expenses that may result from such minor's use of DND equipment or facilities. 2) ACKNOWLEDGEMENT OF INHERENT RISKS: Injury. Participant acknowledges there are inherent risks of injury in participating in the Activities, including, but not limited to, cuts; bruises; muscle, tendon and/or ligament strain or sprain; dislocated, twisted, strained or sprained joints -- including but not limited to ankles, knees, shoulders, wrists or back; burns and/or abrasions; concussions; broken bones and/or teeth; eye injuries; paralysis; partial or permanent disability; brain injury; dismemberment; and/or death. I acknowledge that I have read, understand and agree with the above. I Agree Inability to control own person. Participant acknowledges the Activities are inherently dangerous and present an actual risk that he/she may not be able to control his/her body in a predictable and intended manner so as to avoid injury to his/her self. Participant acknowledges there exists a risk that he/she may lose balance; slip and fall; lose grip; trip and fall; run and fall; jump and fall; land awkwardly; land not where expected; fall frontways, sideways or backwards; tumble in an unanticipated manner; collide with other participants; or, otherwise lose control of his/her body in an unanticipated manner which results in injury to him/her self or to other participants. I acknowledge that I have read, understand and agree with the above. I Agree Inability of others to control their person. Participant acknowledges the Activities are inherently dangerous and present an actual risk that other participants may not be able to control their body in a predictable and intended manner so as to avoid injury to other participants. Participant acknowledges there exists a risk that other participants may lose balance; slip and fall; lose grip; trip and fall; run and fall; jump and fall; land awkwardly; land not where expected; fall frontways, sideways or backwards; tumble in an unanticipated manner; collide with other participants; throw a ball which unexpectedly hits another participant; or, otherwise lose control of their body in an unanticipated manner which results in injury to him/her self or to you and/or your children. I acknowledge that I have read, understand and agree with the above. I Agree Premises structure and equipment. Participant acknowledges the Premises and the equipment are inherently dangerous; specifically, that the Premises walls, platforms, walkways and other structures around the Activities are typically not padded and can cause significant injury if the Participant loses control of him/her self and collides with any such structure; and, that the equipment comprising the Activities is subject to failure, including, bunkers, landing mats, climbing apparatus, handles or any other apparatus comprising the equipment used in the Activities. I acknowledge that I have read, understand and agree with the above. I Agree Rules and safety warnings. Participant acknowledges he/she will observe all posted/verbal rules and safety warnings while participating in the Activities and that he/she will ask for an employee of the Company to further explain any such rule or safety warning if he/she does not understand any such rule or safety warning. I acknowledge that I have read, understand and agree with the above. I Agree Inspection of Premises. Participant acknowledges he/she will inspect the structures and equipment comprising any Activity and his/her participation, including the participation of the child(ren), on any Activity shall be based on the Participant's inspection and not based on any representation of the Company or its employees. I acknowledge that I have read, understand and agree with the above. I Agree 3. WARNING TO MY CHILD(REN): I acknowledge the following: (1) I have discussed the risks acknowledged and known to me, or otherwise detailed within this Agreement with my child(ren); (2) I have warned my child(ren) that participation in the Activities is inherently dangerous and to be careful and to follow all the rules and safety warnings, verbal, or posted throughout the Premises; (3) I have warned my child(ren) that failure to follow the rules and safety warnings, verbal, or posted throughout the Premises will increase the risks of injury, and I have warned my child(ren) of this increased risk; and, (4) I understand and have informed my child(ren) that following the rules and warnings, verbal, or posted on the premises does not eliminate the inherent risks associated with the Activities. I acknowledge that I have read, understand and agree with the above. I Agree 4. COMPANY'S OWN NEGLIGENCE: I acknowledge and agree that while the Company trains its employees to seek safety and to give warnings and instructions regarding the equipment used in the Activities, the employees are not infallible and they (1) may give incomplete warnings or instructions regarding the risks associated with participating in the Activities; or, (2) may be otherwise negligent in supervising mine or my child(ren)'s participation in the Activities. I further acknowledge that it is not feasible for the Company's employees to monitor the activities and actions of all participants at all times or all participants simultaneously or to be aware that the equipment being used in the Activities might malfunction, and cause injury as more fully described in Section 2, ACKNOWLEDGMENT OF INHERENT RISKS, above. I understand these risks and expressly assume these risks for myself and my child(ren). I acknowledge that I have read, understand and agree with the above. I Agree 5. ASSUMPTION OF RISK: I acknowledge and understand that I will be voluntarily engaging in activities that may involve physical contact and the risk of serious injury, permanent disability, death, damage to property, and may cause severe social or economic loss due to my or other player’s negligence. Known risks may include, but are not limited to, traveling to and from, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that if I do not want to take these risks then I should NOT sign this document or use the equipment or participate in these activities. In spite of the risks mentioned above, I freely want to participate and as such I assume all responsibility for risks, known or unknown to me, including travel to and from, injury, damage or even death that may result. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities. Participant hereby ASSUMES ALL RISKS inherent with the Activities. By signing below, Participant acknowledges that neither the Company nor its employees will have any responsibility for any injury to me or my child(ren) or pay for any cost or expenses incurred by Participant or my child(ren) if Participant or my child(ren) suffer personal or property injury. I acknowledge that I have read, understand and agree with the above. I Agree 6. AGREEMENT TO INDEMNIFY AND DEFEND THE COMPANY: I hereby voluntarily release, forever discharge, and agree to indemnify, defend and hold harmless DND and the Released Parties from any and all claims, demands, or causes of action, which are in any way connected with or related to my participation in the Activities or my use of any equipment or facilities owned or operated by DND. I am assuming on behalf of myself and/or Minor children, all risks of personal injury, death, or disability to myself and/or the minor child that may result from participation or use of Duck n Dodge, LLC facilities or equipment. Should the Company, or anyone acting on the Company's behalf, be required to incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold the Company harmless for all such fees and costs. I acknowledge that I have read, understand and agree with the above. I Agree 7. ACKNOWEDGEMENT OF ADEQUATE MEDICAL COVERAGE: I represent, warrant, and certify that (1) I have adequate medical or other insurance to cover and pay for any possible injury that may occur to me or the minor child for whom I have signed this Agreement, including without limitation any intensification or exacerbation of injury resulting from any preexisting medical or physical condition I or the minor child may have and (2) I am the parent or guardian of identified minor(s) listed below. I agree to defend, indemnify and hold Duck n Dodge, LLC and the other Released Parties harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, including, but not limited to attorneys' fees, costs, damages and/or judgments, related to my use or the minor child's the use of any equipment or property owned by the Released Parties. Without limiting the generality of the foregoing indemnity obligation, I understand that I will be responsible to defend the Released Parties against, and to pay any judgment against the Released Parties, in any claim or lawsuit filed on behalf of myself for the minor child listed below. I acknowledge that I have read, understand and agree with the above. I Agree 8. Standard of Conduct: I understand that I will be held to a standard of conduct during participation in activities at Duck n Dodge, LLC. Failure to abide by the rules set forth and/or posted will result in expulsion from said activity without notice or warning and without refund. I also understand that I may decline to participate in any part of activity/activities at any time. I understand that if I refuse to participate, it does not constitute grounds for a refund. Further, I agree that I will not damage any equipment or facilities belonging to or provided by Duck n Dodge, LLC, either on or off the premises. I agree to pay for any and all expenses that might relate to the care and treatment of Duck n Dodge, LLC’s equipment or facilities.
9. Lost and/or Stolen Property: I acknowledge and understand that Duck n Dodge, LLC is not responsible for any lost or stolen item of personal property belonging to myself or the minor child(ren) under my care while said property is at any Duck n Dodge, LLC facility including, but not limited to, parking lots, vehicles in parking lots, lockers, and arenas. 10. Photography and Videography: I agree as an adult participant, or the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate at Duck n Dodge, LLC, the irrevocable right and permission to photograph and/or record for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction to alteration. I waive the right to inspect or approve the use of the photograph or recording and acknowledge and agree that the rights granted to this release are without compensation of any kind. All Photographs and/or recordings are the exclusive property of Duck n Dodge, LLC. 11. Miscellaneous: In the event that I file a lawsuit against Duck n Dodge, LLC, I agree (a) to do so solely in Cache County, state of Utah, (b) the substantive law of Utah shall apply without regard to any conflict of law rules of another state, and (c) if any part of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. The waiver, release, assumption of risk, indemnifications, and other legal obligations set forth in this Agreement shall remain in full force and effect and shall be applicable to any and all future uses of the Released Parties' property by me or the minor child for whom I have signed this agreement below. I agree to read/listen and follow the rules of the facility, and to cause my minor child to follow such rules, including without limitation the rules posted on signs within the facility or rules verbally given. I agree that I or my minor child may be required to leave the facility, with no refund, for a failure to follow the rules. 12. PARTICIPATING CHILD(REN): Participants executes this Agreement on behalf of the following child(ren) (which include minor ward(s)): BY SIGNING THIS DOCUMENT, I CERTIFY THAT I AM OVER 18 YEARS OF AGE. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT. I HAVE READ AND I ACKNOWLEDGE MY UNDERSTANDING AND OR MY AGREEMENT TO EVERY SECTION PROVIDED BY THIS AGREEMENT. I AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. This Date December 20, 2024 |
