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Waiver of Liability

Indemnity Agreement

Assumption of Risk

Dart Rush, LLC is an indoor recreation and entertainment center that provides an opportunity for play with Nerf (or other) Blasters. It allows families, groups, friends, and coworkers an opportunity to participate in a supervised, wholesome, healthy, and vigorous physical activity. There is a seating area for observers.

While benefits of Dart Rush include fun, excitement, challenge, and competition for youth and adult, Dart Rush activities, like all physical activities and sport, involve some inherent risks (risks than cannot be eliminated without changing the nature of the activity). Dart Rush feels it is important that the Adult Participant (or Minor Participant and Parent(s) or Guardian(s)) [hereafter referred to as Participant/Parent] understand the inherent risks of Dart Rush activities.  

There are several categories of inherent risks. General movement risks include, but are not limited to, trip and falls; collision with other players, with obstacles, walls, or other objects; striking an obstacle where there is no padding, and contacting the floor or obstacles awkwardly. Nerf Blaster risks include, but are not limited to, being accidentally struck with a blaster; accidental too-powerful discharge from blaster; blaster malfunction; and falling on top of a blaster. Nerf dart risks include, but are not limited to, being struck in the eye while goggles are not on; and player using his/her own non-approved darts. Participant/co-participant-related risks include, but are not limited to, failure to follow safety rules, unruly behavior, removal of goggles for any reason, use of own darts, and  risky behavior (e.g., diving over obstacles, erratic behavior, failing to consider safety of others). Judgment errors of Dart Rush, LLC or its employees include, but are not limited to, momentary distraction or inattention while supervising, failure to recognize a developing dangerous condition, error in testing player’s blaster, failure to recognize that the area is too crowded or that a dangerous situation exists, inability to foresee and prevent an overly aggressive participant from suddenly striking or attacking another participant in anger; failure to spot a participant behaving dangerously; failure to make an instruction clear; misjudgment of participant ability or readiness; judgment mistake in calling for emergency care; misjudgment in hiring or retaining a staff member; and failing to realize that staff training or emergency training is inadequate.

Dart Rush feels that it is important that that the Participant/Parent understands the three types of injuries that can occur. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, bruises, sprains, abrasions, and lacerations. Serious injuries are less common, but could occur occasionally. They include, but are not limited to, sprains and other injuries to ankle, knee, shoulder, neck, back, or other joints, concussion, broken bones, eye injury, and a chipped or broken tooth. Catastrophic injuries are very rare; however, Dart Rush feels that the Participant/Parent should be aware of this remote possibility. These injuries include permanent disabilities, spinal injuries, paralysis, and even death.

Assumption of Inherent Risks: I, the Participant/Parent, understand that the inherent risks of Dart Rush activities are serious and that these activities involve risks regardless of the care taken by Dart Rush. I have read the previous paragraphs and 1) I know the nature of the Dart Rush activities; 2) I understand the demands of those activities relative to my physical condition and skill level; and 3) I appreciate the types of injuries that may occur as a result of such activities.  I hereby assert that my participation (or that of my minor child) at Dart Rush is voluntary and that I knowingly assume all inherent risks of the activity.

Waiver of Liability for Ordinary Negligence of Dart Rush: In consideration of permission to use the property, facilities, equipment, and services of Dart Rush, today and on all future dates, I, the Participant/Parent, (on behalf of myself, my spouse, children, parents, family members, heirs, personal representatives, assigns, and estate – referred to hereafter as Releasing Parties) do hereby waive, release, discharge and covenant not to sue Dart Rush, LLC (dba Dart Rush), including owners, directors, officers, employees, volunteers, independent contractors, agents, affiliates, equipment suppliers, and insurers (referred to hereafter as Protected Parties) from liability from any and all claims arising from the ordinary negligence of the Protected Parties. 

This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in Dart Rush activities (including, but not limited to: recreational or competitive activity; events; instruction; facility design; individual use of facilities, equipment, lockers, and all premises including the registration area and the associated mall area/parking area) or presence on the premises and to 2) any and all claims resulting from the damage to, loss of, or theft of property.

Indemnification: I, the Participant/Parent, also agree to hold harmless, defend, and indemnify Dart Rush and other Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, expert witnesses, and related expenses) from any and all claims of Releasing Parties or others acting on behalf of Participant/Parent, arising from participation in  Dart Rush Activities or presence on the premises, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties). I further agree to hold harmless, defend, and indemnify Dart Rush and Protected Parties against any and all claims of co-participants, rescuers, and others arising from the conduct of the Participant/Parent while on the premises utilized for Dart Rush Activities.

Clarifying Clauses: I, the Participant/Parent, confirm and agree to the following:

1) Integration Clause. This is the entire agreement between Dart Rush and me and cannot be modified or changed in any way by representations or statements by any agent or employee of Dart Rush.  

2)  Severability Clause. This Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Kentucky and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.

3)  Venue, Jurisdiction, & Choice of Law. If legal action is brought arising from Dart Rush activities, the appropriate venue for any legal action shall be in the appropriate trial court for Campbell County, Kentucky, or the United States District Court for the Eastern District of Kentucky and that the substantive laws of the State of Kentucky shall apply.

Waiver of Jury Trial

This is a waiver of my constitutional right to a trial by jury for any and all causes of action arising from the Dart Rush activities or my presence on the premises. I, the Participant/Parent, knowingly and voluntarily agree that any such dispute will be resolved by a bench trial (i.e., trial by judge).

Acknowledgements to Promote Participant Safety: These assertions aid Dart Rush in providing for participant safety. 

Health Status – I, the Participant/Parent, assert that:

Participant possesses sufficient physical fitness and coordination to enable safe participation in Dart Rush activities.
Participant assumes the risks of all medical conditions (e.g., asthma, diabetes, anaphylaxis, heart disease or high blood pressure).  
Participant will cease activity if there is discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).

Emergency Care – I, the Participant/Parent, assert that:

Dart Rush can secure emergency medical care or transportation (i.e., EMS) if Dart Rush deems it necessary.
Participant assumes all costs of emergency medical care and transportation.

Rules & Safety – I, the Participant/Parent:

Agree to wear my eye protection at all times during play and to not remove it under any circumstances.
Confirm that the participant understands and agrees to abide by all game rules and safety rules.
Agree to listen to all instructions by supervisors and to follow any instructions given.
Agree to inform Dart Rush immediately if participant sees conduct or a facility condition that endangers participants. 
Understand that Dart Rush can terminate participation or require me to view the safety rules again in cases of rules violation.

Release of Image – I, the Participant/Parent, agree that Dart Rush can use my photo or video images for promotion (e.g., advertising, social media, website).  

Acknowledgement of Understanding:  I, the Adult Participant have read this Agreement and understand that I am giving up substantial rights, including my right to sue for damages in the event of death, injury, or loss.  I acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to the Inherent Risks of Dart Rush Activities or the Ordinary Negligence of the Protected Parties, to the greatest extent allowed by laws of the State of Kentucky. 

First Participants Name

First Name*

Last Name*
First Participants Date of Birth*
I certify that I am 18 years of age or older
First Participants Signature*
Second Participants Name

First Name*

Last Name*
Second Participants Date of Birth*
Third Participants Name

First Name*

Last Name*
Third Participants Date of Birth*
Fourth Participants Name

First Name*

Last Name*
Fourth Participants Date of Birth*
Fifth Participants Name

First Name*

Last Name*
Fifth Participants Date of Birth*
Sixth Participants Name

First Name*

Last Name*
Sixth Participants Date of Birth*
Seventh Participants Name

First Name*

Last Name*
Seventh Participants Date of Birth*
Eighth Participants Name

First Name*

Last Name*
Eighth Participants Date of Birth*
Ninth Participants Name

First Name*

Last Name*
Ninth Participants Date of Birth*
Tenth Participants Name

First Name*

Last Name*
Tenth Participants Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Tell us your story

What is your zip code? *
How did you hear about Dart Rush?*
Radio
Google
Walk In
Facebook
Friend (word of mouth or text)
Instagram
Yelp
TripAdvisor
News/Magazines
Other
What brings you to Dart Rush?*
Date Night
Family Hangout
Adult Birthday
Child Birthday
Friends Hangout
Nerf enthusiast
Team Building Event
How many times have you played Dart Rush before today?*
0
2
1
3+

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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. Acknowledgement of Understanding: I, the Parent/Legal Guardian of the minor listed below, hereby grant my minor child permission to participate in all Dart Rush Activities. Further, I have read and fully understand this Dart Rush Assumption of Risk, Waiver of Liability, and Indemnification Agreement, and agree to be bound by this agreement on behalf of myself, my spouse, the minor child, and any party filing on behalf of the minor child. I understand that I am releasing both my right and the right of my minor child to sue for damages in the event of injury, death, or financial loss. I intend my signature to be a complete release of all liability, including that due to the Inherent Risks of Dart Rush Activities or the Ordinary Negligence of the Protected Parties, to the greatest extent allowed by laws of the State of Kentucky. Additionally, I, the Parent/Guardian of the minor child, assert that I have explained the inherent risks of Dart Rush Activities to my minor child and that the minor understands this Agreement. The following signature of the minor is to affirm understanding of the inherent risks of Dart Rush Activities and the voluntary assumption of these risks.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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