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District Eat and Play Salina Waiver

Participant Waiver, Release, Assumption of Risk, and Indemnification Agreement

 

I voluntarily elect to allow myself and the minor child(ren) (“Child”) identified below to use the District Amusements Salina, LLC facilities and equipment, located at 2259 S. 9th Street #75, Salina, KS 67501 (“District”). In consideration for being allowed to use, or observe others using, said facilities and equipment, and any other services provided by DISTRICT, its employees, or agents (“DISTRICT Attractions”), I represent, acknowledge and agree as follows:

General Release

           I acknowledge and agree that this Participant Waiver, Release, Assumption of Risk and Indemnification Agreement (the “Agreement”) covers and is intended to release and provide other benefits, legal protections, and consideration to DISTRICT, its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on its respective or collective behalf. I, on behalf of myself or the Child, fully waive the right to bring any and all claims arising from my presence on, or use of, the District facilities and equipment. Further, I fully release DISTRICT, its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on its respective or collective behalf, from any and all claims arising from my presence on, or use of, the District facilities and equipment. My waiver and release of claims in this Agreement shall not be construed as a waiver or release of my right to bring claims for intentional torts or gross negligence which arise from my presence on, or use of, the District facilities and equipment. 

Release of Potential Injuries for Go-Karts

           I acknowledge and agree that the DISTRICT Attractions include Go-Karts and agree that the participation in and observation of the Go-Karts is inherently and obviously dangerous. These risks include serious physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and may include damage to personal property of any or all such persons. I understand that these risks are inherent in the essential qualities of the activity and cannot just be removed without substantially changing the activity. I further agree that this activity is for recreational purposes and completely voluntary. I also agree to use DISTRICT attractions and facilities in a safe and responsible manner.

Release of Potential Injuries for Axe Throwing

           I acknowledge and agree that the DISTRICT Attractions include Axe Throwing and agree that the participation in and observation of the Axe Throwing is inherently and obviously dangerous. These risks include serious physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and may include damage to personal property of any or all such persons. I understand that these risks are inherent in the essential qualities of the activity and cannot just be removed without substantially changing the activity. I further agree that this activity is for recreational purposes and completely voluntary. I also agree to use DISTRICT attractions and facilities in a safe and responsible manner.

 

Release of Potential Injuries for other Attractions

           I acknowledge that in addition to Go-Karts and Axe Throwing, DISTRICT Attractions will include an arcade, darts, mini-bowling, inflatables, pickleball, roller skating, sports simulators, Gelly Ball, and other attractions. I agree that the use of these attractions, or observation of others using these attractions has inherent and obvious dangers. These risks include serious physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and may include damage to personal property of any or all such persons. I understand that these risks are inherent in the essential qualities of the activities and cannot just be removed without substantially changing the activity. I further agree that these activities are for recreational purposes and completely voluntary. I also agree to use these DISTRICT Attractions in a safe and responsible manner.

Release of Potential Infection of Disease and Viruses

           I acknowledge that DISTRICT is a public location with many guests and employees who utilize the space on a daily basis. I further recognize that while DISTRICT practices appropriate and reasonable cleaning practices, I could still potentially get infected with a disease or virus, including, but not limited to COVID-19, through my participation in, or observation of others participating in, the DISTRICT Attractions. I fully release DISTRICT, its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on its respective or collective behalf from any claim against them regarding the contraction of a disease or virus from for myself or the Child. My waiver and release of claims arising from the contraction of a disease or virus in this Agreement shall not be construed as a waiver or release of my right to bring claims for intentional torts or gross negligence which arise from my presence on, or use of, the District facilities and equipment. 

Voluntary Assumption of Risk

           I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of DISTRICT employees could cause me or the Child significant bodily injury (as described within), and that DISTRICT is not responsible for the actions or activities of customers using DISTRICT Attractions or the negligence of its employees in supervising the DISTRICT Attractions, including actions, activities, or omissions that result in such harm. I specifically acknowledge and assume the risk that participants may:

           1.) Die or become paralyzed, partially or fully, through their use of the DISTRICT facility and participation in DISTRICT Attractions;

           2.) Suffer cuts, scrapes, bumps, bruises, or sprain, pull break or otherwise seriously externally or internally injure their head, face, neck, torso, spine, arms, wrists, hands, legs, ankles, feet, or other body part as a result of falling of any DISTRICT Attraction, landing improperly on the bounce houses or other equipment, or making contact with other participants; 

3.) Suffer from the transmission of disease strains and allergic reactions or suffer heat stroke, heart attacks, dehydration and other exertion-related medial events through use of the DISTRICT Facility or DISTRICT Attractions;

4.) Suffer from serious injuries due to unpredictable body movements and anticipated or unanticipated bodily contact caused by double bouncing, flipping, running, or bounding off of walls; or

5.) Suffer from similar physical injury from observing, standing, sitting, or taking photographs at or near any of the DISTRICT Attractions, even if the observer is not participating. 

Agreement to Pay My Own Medical Expenses

           I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury or illness that I or the Child might sustain as a result of using the DISTRICT Attractions. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical/occupational therapy) is required or performed as a result of any injury I or the Child sustains while using the DISTRICT Attractions, such assistance shall be at my own expense.

 

 

Arbitration

           I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR THE CHILD’S ACCESS TO, USE, OR ABILITY TO OBSERVE OTHER’S USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE DETERMINED BY ARBITRATION IN SALINA, KS BEFORE ONE ARBITRATOR. JUDGEMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. The Arbitration shall be in accordance with the JAMS Rules of Arbitration, which can be found online at jamsadr.com. I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the Child, to maintain a lawsuit against DISTRICT, its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on its respective or collective behalf. Further, I acknowledge that by agreeing to arbitrate, I understand that I, the Child, and DISTRICT will NOT have the right to have claim(s) determined by a jury. 

Time Limit to Bring Claim(s)

           I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR THE CHILD’S ACCESS TO, USE, OR ABILITY TO OBSERVE OTHER’S USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury). 

Photo/Video/Social Media Wavier

           In connection with my and the Child’s use of the DISTRICT Facility and DISTRICT Attractions, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic, or other means (“Recordings”). I hereby consent to and authorize DISTRICT and its agents, representatives, employees, successors, and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any DISTRICT Facility. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I wave any and all claims that I or the Child may have in connection with the Recordings. 

Severability

In the event any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in effect and this Agreement shall be read as though the offending provision had not been written.

PARENT OR GUARDIAN CONSENT

          I have read and understand the terms of this Agreement and unconditionally agree to its full terms, statements, warranties, notices, representations, waivers, and releases on behalf of both myself and marital community, if any, and my child or ward, whose name is listed:

All such terms, statements, warranties, notices representations, waivers, and releases fully apply to my child or ward as if I was the participant. I understand that, by signing this Parent or Guardian Consent, I am giving up important legal rights both on behalf of myself and the Child, regarding potential rights and claims against DISTRICT. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

           I hereby warrant and represent that if I am neither the Child’s Parent nor legal Guardian, I have been granted the expressed authority to execute this Agreement by, and on behalf of, the Child’s Parent or Guardian.

           I further agree that at no times will I leave a minor unattended at the facility and that I am fully responsible for any minor and that minor’s actions while on District property. I acknowledge that leaving a minor unattended at the District facility will increase the potential risk for harm to the minor and that doing so could result in the minor and myself from being asked to leave the property.     

PARENT OR GUARDIAN INDEMNIFICATION

           AS THE INDIVIDUAL SIGNING THIS AGREEMENT ON BEHALF OF A MINOR OR OTHER INDIVIDUAL, I AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS DISTRICT, its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on its respective or collective behalF, FOR ANY AND ALL CLAIMS CONNECTED WITH, ARISING OUT OF, OR RESULTING FROM THE INDIVIDUAL OR CHILDS USE OF THE DISTRICT FACILITY, equipment, OR ATTRACTIONS.  

BY SIGNING THIS DOCUMENT, I REPRESENT THAT I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS, CAUSES OF ACTION FOR MY OR THE CHILD’S LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, WHETHER OR NOT KNOWN OR ANTICIPATED, THAT OCCUR WHILE ON THE PREMISES OF DISTRICT. I FURTHER UNDERSTAND AND AGREE TO INDMNIFY DISTRICT, ITS OWNERS, TRUSTEES, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY LIABILITY FOR ANY INJURY, DAMAGE OR LOSSES OF ANY KIND CAUSED BY MY NEGLIGENT OR INTENTIONAL ACTS WHILE ON THE PREMISES OF DISTRICT. THE SIGNATURE BELOW IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER, RELEASE, AND INDEMNIFICATION OF ALL LIABILITY TO THE FULL EXTENT OF THE LAW.

Please initial:


      I represent that I am 18 years of age or older. 


    I represent that I have had ample time to read this Agreement and that I have entered into this agreement voluntarily, freely, under no threat of duress, without inducement, promise, or guarantee being communicated to me.

 


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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