Dart Rush Louisville, Limited Liability Company (dba Dart Rush) 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 Louisville, Limited Liability Company (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.