Today's Date: July 7, 2020
Assumption of Risk, Release from and Waiver of Liability and Indemnity Agreement
with Parental Consent (the "Agreement" or "Waiver")
A PARTICIPANT MUST READ AND SIGN THIS AGREEMENT BEFORE BEING ALLOWED TO PARTICIPATE
IN ANY GAME OR ACTIVITY OF, OR ASSOCIATED WITH, TICK TOCK ADVENTURES, LLC. (the "Game")
IN CONSIDERATION OF PARTICIPATING IN THE GAME AND OTHER ACTIVITIES UPON THE PREMISES LOCATED AT 6398 COLLEGE BOULEVARD, OVERLAND PARK, KANSAS (the "PREMISES") ORGANIZED BY TICK TOCK ADVENTURES, LLC, INCLUDING THE USE OF ANY EQUIPMENT ASSOCIATED WITH SUCH GAME AND ACTIVITIES AND IN CONSIDERATION OF PERMISSION FOR ENTRY AND REMAINING UPON THE PREMISES (collectively, "Activity"),
I acknowledge, agree, and represent that I understand the nature of the Activity, that the Activity is held at an amusement facility with inherent risks, that I am qualified and in good health and that I have no medical, physical or emotional condition which could interfere with my participation in and safety during such Activity. I further agree that if, at any time, I believe the conditions of the Activity to be unsafe, or if I am unfit to participate in the Activity due to my current or changed medical, physical or emotional condition, I will immediately discontinue participating in the Activity. Otherwise, I assume and bear the costs of all risks that may be created, directly or indirectly, by my condition.
I UNDERSTAND THAT THE ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY including physical, psychological, emotional or other injuries, pain, suffering, illness, permanent disability, paralysis, death and property damage ("Risks"). Such Risks may result in blindness or bruises; injuries caused by collisions with objects, other participants or uneven surfaces; medical conditions resulting from physical or mental activity; and damaged clothing or other property. I UNDERSTAND that (a) these Risks and dangers may be caused by my own actions, inactions or negligence, conditions related to travel, the condition of the Premises, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or the negligence of the Releasees named below; and (b) there may be other risks or social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, APPARENT AND UNANTICIPATED, AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity, or that of the Minor named below, including travel to, from and during the Activity. I understand that such Risks cannot be eliminated without jeopardizing the essential qualities of the Activity. I voluntarily elect to participate in the Activity despite knowledge of such Risks.
I am aware that the Activity involves: simulated confinement in a room(s) and situations that are mentally intense and/or physically intense and that may or may not induce stress. Physical activity may include, but is not limited to, standing; bending; reaching; lifting; crawling; limited vision; variations of lighting; feelings of pressure; enclosed space; constraints; exposure to ultraviolet, infrared, and/or laser lights and other lighting directly or by use of a mirror or mirrors by me or other participants in the Activity; exposure to theatrical haze, smoke or fog; doors that may open or close vertically or horizontally; devices controlled by me or other participants that may be airborne and otherwise mobile; etc. This list is NOT an exhaustive list of all risks inherent in the Activity. I ACKNOLWEDGE AND ASSUME THE RISK OF ANY AND ALL SUCH ACTIVITIES.
I, PERSONALLY, AND ON BEHALF OF EACH OF MY CHILDREN, PARENTS, HEIRS, PERSONAL REPRESENTATIVES, GUARDIANS, CONSERVATORS, AGENTS, SUCCESORS AND ASSIGNS (collectively, "My Representatives"), AGREE TO HOLD HARMLESS AND CONVENANT NOT TO SUE, AND HEREBY RELEASE AND DISCHARGE, Tick Tock Adventures, LLC, its owners, administrators, directors, managers, agents, officers, members, volunteers, employees, participants, officials, insurers, affiliates, successors and assigns, in their official and individual capacities, and all other persons or entities acting for them (each of the forgoing considered one of the "Releasees" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE ACTIVITY, INCLUDING THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE (BUT EXCLUDING THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY RELEASEE), AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH RELEASEE from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim. Such release, discharge, and covenant not to sue the Releasees includes, without limitation, any possible legal claim for an act, or failure to act, amounting to negligence on the part of any of the Releasees. In the event that I or My Representatives file any lawsuit against any of the Releasees, I agree to do so in the state of Missouri and that the law of the state of Missouri shall apply to any such lawsuit.
I UNDERSTAND AND ACKNOWLEDGE THAT ANY ALLEGED LIABILITY OF TICK TOCK ADVENTURES, LLC FOR NEGLIGENCE, PERSONAL INJURY, PROPERTY DAMAGE, AND LOSS IS LIMITED TO THE PRICE PAID FOR ADMISSION. I will use reasonable care and caution when dealing with any property of Tick Tock Adventures, LLC found on the Premises. By signing below, I agree to compensate the cost of any property of Tick Tock Adventures, LLC that I damage due to my negligence or any willful act. I ACKNOWLEDGE THAT I AM AGE 18 OR OLDER, THAT I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING BELOW AND THAT I HAVE SIGNED FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE. BY SIGNING BELOW, I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
I also acknowledge that the Activity might not be made available to me or that the cost to engage in the Activity would be significantly greater if I chose not to execute this Agreement. I agree that the opportunity to participate in the Activity at the stated cost and in return for the execution of this Agreement is a reasonable bargain. I further agree that if any portion of this Agreement is found to be invalid or unenforceable, the remaining portions of this Agreement shall remain in full force and effect.
CONSENT TO PHOTOGRAPH, VIDEOTAPE, RECORD AND PUBLISH THE SAME
AFTER MY GAME, I MAY BE GIVEN AN OPPORTUNITY TO PARTICIAPTE IN A TEAM PHOTO. BY PARTICIPATING IN THIS PHOTO, I GIVE TICK TOCK ADVENTURES, LLC ALL RIGHTS TO MARKET, PUBLISH, REPRODUCE (IN ANY AND ALL MEDIA), AND OTHERWISE USE THE PHOTO AND/OR RECORDINGS WITHOUT MY PERMISSION. (IF I DO NOT WANT MY PARTICIPATION PUBLISHED, I CAN CHOOSE TO OPT OUT OF PARTICIPATION IN THE TEAM PHOTO.)