December 18, 2018
Express Assumption of Risk Associated with Arrow Tag Activities (“Release” or “Agreement”)
I, the "customer" being over the age of 18 hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the recreational activity generally described as Arrow Tag or archery tag.
Parent/Legal Guardian with Minor
I, hereby represent that (i) I am the parent or legal guardian of the minor listed below (the “Minor”); (ii) the Minor is in good physical condition to participate in the recreational activity generally described as Arrow Tag or Archery Tag; and (iii) the Minor is not under the influence of alcohol or any illicit or prescription drug(s) which would in any way impair the Minor’s ability to safely participate in Arrow Tag. I agree that it is my sole responsibility to determine whether the Minor is sufficiently fit and healthy enough to participate in Arrow Tag, that I am responsible for the Minor’s safety and well-being at all times and under all circumstances while at the event site.
I understand that the activity I or my MINOR am/are about to engage in involves shooting arrows at others and that arrows will be shot at me. This activity also involves running, jogging, crouching, crawling, and other movements; all of which involve inherent risk of bodily injury or death. Further inherent hazards and risks associated with this activity include:
1. Risk of injury from the activity and equipment utilized is significant including the potential for permanent disability and death;
2. Possible equipment failure and/or malfunction of my own or other’s equipment;
3. Possible injury related to the condition of the premises in or around the activity course;
4. This activity may take place outdoors and therefore includes risks associated with exposure to elements, excessive heat, hypothermia, impact of the body upon the water, injection of water into my body orifices, encountering objects either natural or man-made, exposure to animals with the attendant risks of kicking, biting, shying away, running off or otherwise moving in an unanticipated manner causing injury and/or death;
5. My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, weather, trails, and route location;
6. Attack by or encounter with insects, reptiles, and/or animals;
7. Accidents or illness occurring in remote places where there are no available medical facilities; and
8. Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
I know that helmets, goggles, safety equipment, proficiency checks, supervision and enforcement of rules by Arrow Tag Entertainment do not and cannot guarantee my safety. Therefore, I freely accept and fully assume the risk that I can get hurt, not only in the ways described above, but also in ways that are unknown and unexpected, and even if I follow the instructions or advice of Arrow Tag Entertainment.
I acknowledge that I am in the best position to determine my physical ability to participate in the activities contemplated in this Agreement, and acknowledge that I am in good physical and mental health, and not suffering from any condition, disease or disablement which would or could potentially affect participation in the activity
I choose to engage in Arrow Tag and utilize associated equipment in spite of the risk of injury or death, and in addition to the representations I have made above, I agree as follows:
1. I HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS that I or my heirs have or may have in the future against Arrow Tag Entertainment for any loss, damage, expense, or injury, including death suffered from or in connection with activities in or around the activity course, use of equipment, or participation in activities sponsored by Arrow Tag Entertainment, due to any cause whatsoever, including negligence on the part of Arrow Tag Entertainment, as well as any product liability claims related to any equipment used in Arrow Tag activities;
2. I HEREBY RELEASE ARROW TAG ENTERTAINMENT FROM ANY DUTY TO PROTECT ME AND/OR MY MINOR FROM HARM, and agree that even if Arrow Tag Entertainment chooses to implement safety procedures such actions shall not alter the fact that Arrow Tag Entertainment has no duty to protect me;
3. I WILL HOLD HARMLESS AND INDEMNIFY Arrow Tag Entertainment for liability for property damage or personal injury, including death, to myself OR MY MINOR and any other person resulting from or arising in connection with my use of activity course or equipment, or participation in activities sponsored by Arrow Tag Entertainment;
4. I AGREE THAT IF, DESPITE THIS AGREEMENT, THE MINOR, OR ANYONE IN THE MINOR’S BEHALF, MAKES A CLAIM FOR LIABILITY, AGAINST ARROW TAG ENTERTAINMENT, I WILL INDEMNIFY, DEFEND AND HOLD HARMLESS Arrow Tag Entertainment from any such Liabilities which may be incurred as a result of such claim. By executing this Agreement, I agree to hold Arrow Tag Entertainment harmless for any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in Arrow Tag activities.
5. I HEREBY GRANT PERMISSION to the rights of my image AND/OR MY MINOR, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration to ARROW TAG ENTERTAINMENT. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in marketing materials, advertisements, commercials and for any other business related purpose. Material will never be sold or shared to third party companies other than for official Arrow Tag purposes.
6. I HEREBY GRANT PERMISSION to Arrow Tag Entertainment LLC to use my email address to send me occasional information about Arrow Tag OC including but not limited to: news, sales, offers, events, products, specials, and other media in regards to Arrow Tag. Arrow Tag Entertainment LLC agrees that email addresses will never be sold or shared with 3rd parties for any reason. Emails will be sent out no more than once per week with the option to opt out of further communication.
7. By entering into this Agreement, I am not relying on any oral or written representation or statements made by Arrow Tag Entertainment, other than what is set forth in this Agreement.
8. I have read and understand the foregoing Agreement and have discussed it the Minor and am voluntarily signing below. If I am signing on behalf of a minor child, I represent and warrant that I am doing so with the consent and approval of my spouse (if any) and understand that I am acknowledging the risks to my child.
This Release shall be binding to the fullest extent permitted by law. If any provision of this Release is found to be unenforceable, the remaining terms shall be enforced.
IF YOU HAVE A MEDICAL CONDITION THAT MAY AFFECT YOUR ABILITY TO SAFELY PARTICIPATE IN THIS ACTIVITY, PLEASE CONSULT YOUR PHYSICIAN BEFORE ENGAGING IN THIS ACTIVITY.
PARENTS OR GUARDIANS OF PARTICIPANTS UNDER THE AGE OF 18, AND PARTICIPANT MUST SIGN THIS SECTION AND INITIAL ALL BLANKS BELOW
*As used herein, “Arrow Tag Entertainment” or “Arrow Tag OC” means Arrow Tag Entertainment LLC its officers, members, employees, representatives, agents, contractors, and volunteers
I Agree I have read and understand this Agreement and intend that it be binding on me, my heirs, executors, administrators and assigns. By signing this Agreement, I intend to waive legal rights against Arrow Tag Entertainment on behalf of myself, my heirs, executors, administrators and assigns.(Required)
EVERYONE MUST CHECK BOTH BOXES. IF YOU HAVE NO MINORS, THE FOLLOWING WILL NOT APPLY.
I Agree I am the parent or guardian of the Minor named above. I hereby make and enter into each and every representation, waiver, release and indemnity described above on behalf of myself, the Minor, and any other parent or guardian of the Minor. I intend to give up my right, the Minor's right, and the right of any other parent or guardian to maintain any claim or suit against Arrow Tag Entertainment arising out of the Minor's participation in Arrow Tag, or participation in activities sponsored by Arrow Tag Entertainment. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE WAIVERS AND RELEASES, and I agree to indemnify Arrow Tag Entertainment for all liability arising out of any lack of authority on my part to make such waivers and releases.(Required)