Archery Arena: Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Archery Arena, LLC is an indoor recreation center that provides guests the opportunity to play combat archery as well as Nerf battles. While these activities are exciting, fun and provide good physical activity, these activities, like all physical activities and sport, involve some inherent risk (risks that Archery Arena has taken every precaution to reduce, but risks that cannot be eliminated due to the nature of the activity).
I, the Participant/Parent, hereby acknowledge and agree that participation in target practice, games and party area programs within Archery Arena LLC (hereinafter referred to as “Archery Arena”), a Combat Archery facility (also known as Archery Dodgeball), has inherent risks. In consideration of the services provided by Archery Arena, their agents, officers, participants, employees and all persons or entities acting in any capacity on their behalf I now agree and certify as follows:
Both Combat Archery, Nerf Wars, and other activities provided at Archery Arena are considered a high-impact sport. Participation in all activities provided at Archery Arena involve risk of serious injury which might result, not only from my own actions, inactions, or negligence, but from the actions, inactions, or negligence of others or the conditions of the premises or of any equipment used. There are several categories of inherent risks. General movement risks include, but not limited to, slips, trips, falls, collision with other players, with obstacles, walls, and striking an object with little or no padding, and shortness of breath. Equipment risks include, but are not limited to, being struck in the eye by an arrow or dart while goggles/masks are not on, arrows being fired after being broken or after the padded tips have come off, being accidentally struck by blaster, bow or other equipment, accidentally falling on equipment, and fiber glass bow shattering or arrows shattering. The following describes some, but not all of the risks of participation in high-impact sports and combat archery. Minor injuries are the most common and include, but not limited to, bruises, lacerations, abrasions, muscle soreness, and headaches. Serious injuries are less common, but could still occur. They include, but are not limited to, sprains and other injuries to ankles, knees, neck, shoulder, and other joints, broken bones, eye injury, and concussion. Catastrophic injuries are very rare and include, but are not limited to, spinal injuries, permanent disabilities, paralysis, and even death. Further, there may be other risks not known or not reasonably foreseeable at this time. The risks may include, but are not limited to: the nature of the activity, latent or apparent defects of conditions in equipment or property supplied by Archery Arena; acts of other participants in this activity, employees or agents of Archery Arena; Participants own physical condition, acts of omissions; conditions of Archery Arena’s facility and surrounding grounds or terrain and accidents connected with their use; first aid emergency treatment or other services.
Assumption of Inherent Risks: I, the Participant/Parent, understand that the inherent risks of activities at Archery Arena are serious and that these activities involve risks regardless of the care taken by Archery Arena. I have read the previous paragraphs and i hereby expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity (or the participation of my minor child) is purely voluntary and I elect, in spite of the risks, to participate (or to allow my minor child to participate). I assume all the foregoing risks and accept personal responsibility for the damages following such injury. I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in these activities or alternatively I agree to bear the cost of such injury or damage myself.
I further certify that I (or my participating minor child) have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risk that may be created, directly or indirectly, by any such condition. Participant must be in good physical heatlh, free from any injury, medical condition (including pregnancy, heart condition or seizures), disability, disease or illness which may be aggravated by participation in the activities of Archery Arena. I hereby give Archery Arena permission to administer basic first aid, and I authorize Archery Arena (or its agents or employees) to contact 911 or other emergency personnel as needed.
Indemnification: On behalf of myself, my children, my parents, my heirs, assigns, personal representatives, I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless Archery Arena and each of their respective directors, agents, and other employees, its parents, affiliates, employees, distributors and agents, other participants, and if applicable, operators or lessors of premises used to conduct the event/activity, from any and all liability for any and all claims, demands of causes of action which are in any way connected with my participation in this activity or my use of Archery Arena’s equipment or facilities.
Rules and Safety
I agree I will wear eye protection at all times while in the arena and to not remove it under any circumstances. I will be provided with an optional arm guard, which is recommended to be worn at all times when using a bow. Participant agrees to listen to all instructions by the supervisors and to follow any instruction given. Participant agrees to abide by all posted or unposed game rules and safety rules. Participant understands that Archery Arena can terminate activities or require the participant to leave if they do not follow safety rules. I agree to never fire a bow or dart blaster in the reception area, or in any area outside of the designated arena.
Release of Image
I do hereby give Archery Arena, licensees, and legal representatives the irrevocable right to use photographs or video in all forms and media and in all manners, including composite, for advertising or marketing for publication or any other lawful purposes, and I waive any right to inspect or approve the finished product, including written copy, internet, etc., which may be created in connection therewith.
I hereby certify that I am at least 18 years old, or the parent or legal guardian of the participant under 18. By signing this document, I acknowledge that if anyone is hurt, or property is damaged during participation in this activity, a court of law may find me to have waived my right to maintain a lawsuit against Archery Arena and each of the parties listed in Paragraph 4 above on the basis of any claim from which I have released them herein.
Acknowledgment of Understanding: I, the Participant/Parent acknowledge that I have had sufficient time to read this entire document, I understand it, and I agree to be bound by its terms. I understand that I am giving up substantial rights, including my right to sue for damages in the event of death, injury or loss. I understand that I am voluntarily signing this agreement.
I, the minor’s parent and /or legal guardian, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby release, discharge, covenant not to sue and AGREE TO INDEMNITY AND SAVE AND HOLD HARMLESS each of the RELEASES from all liability, claims, demands, losses, or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the RELEASES or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above RELEASES, I WILL INDEMNITY, SAVE AND HOLD HARMLESS each of the RELEASES from any litigation expenses, attorney fees, loss liability, damage, or cost any RELEASES many incur as the result of any such claim.
Today's Date: April 6, 2020