PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
(PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT—YOU ARE GIVING UP LEGAL RIGHTS BELONGING TO YOU, YOUR SPOUSE OR LEGAL PARTNER, AND/OR YOUR MINOR CHILD(REN))
The individual named below (referred to as "I" or "me"), individually, or on behalf of my minor child(ren), desires to participate in activities provided by Allegiant Entertainment Inc., a Nevada corporation (“ALLEGIANT NONSTOP”), including, without limitation, go-karts, laser tag, climbing wall, escape rooms, virtual reality games, 4D games, bumper cars, inflatables, soft play areas and any and all other activities (collectively, the “Activities”) offered by ALLEGIANT NONSTOP at any of its locations (collectively the “Location”) in which the below-named individuals may participate. As lawful consideration for being permitted by ALLEGIANT NONSTOP to participate in the Activities, I hereby agree, on behalf of myself, my spouse or legal partner, my children, parents, heirs, assigns, personal representatives, estate, and insurers, to all of the terms and conditions as set forth in this Participation Agreement, Release and Assumption of Risk (the “Agreement”).
1. ACCEPTANCE OF RISK. I ACKNOWLEDGE THAT MY OR MY MINOR CHILD(REN)’S PARTICIPATION IN THE ACTIVITIES ENTAILS KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY OR DAMAGE TO MYSELF, MY CHILD(REN), TO PROPERTY, OR TO THIRD PARTIES INCLUDING, AMONG OTHER THINGS: CUTS AND BRUISES, SPRAINED OR TORN LIGAMENTS, BROKEN BONES, CONCUSSIONS, PARALYSIS, AND DEATH. I UNDERSTAND THAT SUCH RISKS SIMPLY CANNOT BE ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF THE ACTIVITIES, AND I EXPRESSLY ACCEPT AND KNOWINGLY ASSUME ALL OF THE RISKS INHERENT IN THE ACTIVITIES. MY AND/OR MY CHILD(REN)’S PARTICIPATION IN THE ACTIVITIES IS PURELY VOLUNTARY AND I ELECT TO PARTICIPATE, AND/OR TO ALLOW MY CHILD(REN) TO PARTICIPATE, IN SPITE OF THE RISKS.
2. RELEASE. I hereby expressly waive and release, and forever discharge, any and all claims, now known or hereafter known, in any jurisdiction throughout the world, and agree to indemnify and hold harmless Allegiant Entertainment, Inc., its parent company, subsidiaries, managers, members, agents, owners, officers, affiliates, insurers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (collectively the “Released Parties”) from any and all claims, demands, or causes of action, which are in any way connected with my and/or my child(ren)’s participation in the Activities or my use of ALLEGIANT NONSTOP equipment or the Location, including any such claims which allege negligent acts or omissions of one or more Released Parties. I covenant not to make or bring any such claim against the Released Parties, and forever release and discharge the Released Parties from liability under such claims.
3. HOLD HARMLESS. Should the Released Parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold the Released Parties harmless for all such fees and costs. In addition, I agree to indemnify, defend and hold the Released Parties harmless from and against any and all liabilities, claims, demands, or causes of action related to or resulting from my or my child(ren)’s negligent or intentional acts or omissions, regardless of where or how raised, and regardless of whether I dispute my own liability or that of the Released Parties.
4. MEDICAL ASSISTANCE. I certify that I and/or my child(ren) are physically able to participate in all Activities offered by ALLEGIANT NONSTOP without aid or assistance. I further certify that I am willing to and do assume the risk of any medical or physical condition I and/or my minor child(ren) may have. If I and/or my child(ren) are injured while participating in an any Activity or while using ALLEGIANT NONSTOP equipment, I acknowledge that I or my child(ren) may require medical assistance, which will be at my own expense or the expense of my personal insurer(s). I certify that I have adequate insurance to cover any injury or damage I or my child(ren) may cause or suffer while participating in the Activities or while using ALLEGIANT NONSTOP equipment, or else I agree to bear the costs of such injury or damage myself.
5. RULES. I acknowledge that I have read and understand this Agreement and any rules governing my and/or my child(ren)’s participation in any Activities offered by ALLEGIANT NONSTOP, and I certify that I have explained all rules to the minor child(ren) listed below. I acknowledge and agree that failure to follow all rules could result in the expulsion of myself and/or my child(ren) from ALLEGIANT NONSTOP.
6. VENUE. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule whether of the State of Nevada or any other jurisdiction. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Clark County, Nevada and I hereby consent to the exclusive jurisdiction of such courts. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. MEDIA LICENSE. II hereby grant ALLEGIANT NONSTOP the right to photograph, videotape, and/or record me and/or my child(ren) and to use my or my child(ren)'s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
8. COVID RELEASE. We have instituted all policy and procedure changes to our day to day operation as recommended and mandated by the state authorities and CDC. This includes occupancy controls, PPE supplies for our team members, social distancing and an increase in the frequency of cleaning. By entering Allegiant Nonstop, and its surrounding premises and parking areas, you are voluntarily assuming all risks of exposure to COVID-19.
BY SIGNING THIS AGREEMENT, I CERTIFY THAT I AM 18 YEARS OF AGE OR OLDER. I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN ANY ACTIVITY OFFERED BY ALLEGIANT NONSTOP, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST THE RELEASED PARTIES BY VIRTUE OF THE RELEASE HEREIN. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE AGREEMENT. I HAVE READ AND UNDERSTAND IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Today's Date: October 31, 2020