In consideration of being permitted to participate in the recreational activities for all ages offered at Battlearium, LLC (“Battlearium”), including, but not limited to, laser tag, archery tag, and/or nerf gun battle (the “Activities”), I, on my own behalf, or on behalf of the above-named Participant, if different from myself, and on behalf of all relevant successors or assigns, acknowledge and agree to the following WAIVER OF LIABILITY, INDEMNIFICATION AGREEMENT, AND RELEASE OF PHOTO RIGHTS AGREEMENT (“Agreement”), as follows:
I. I understand an acknowledge that the Activities may include, but not be limited to, crouching, kneeling, jumping, running, climbing, crawling, and lifting, and that this may exceed the physical limitations of some individuals. I also understand and acknowledge that the Activities may include the use of toy projectile weapons including foam darts and foam-tipped arrows, which will strike Participant.
II. I certify that Participant is at least five (5) years of age to play Foam Dart Battles and/or at least seven (7) years of age to play Laser Tag or Archery Wars.
III. To the best of my knowledge, the Participant has no physical or mental illnesses precluding them from participating in the Activities in a manner that is safe for Participant or for others. Further, Participant is not under the influence of drugs or alcohol which may impair their ability to maintain safety awareness or endanger others.
IV. Upon entering the premises in which the Activities will take place, Participant will inspect the premises. Participant’s observation and engagement in the Activities shall constitute acknowledgement that Participant finds and accepts them to be safe and reasonably suited for their intended purpose.
V. I understand and acknowledge that while a Battlearium staff person will be present during the Activities to explain and enforce rules, facilitate transition in between activities, and monitor safety, Participant’s conduct and the conduct of others cannot be supervised in every instance by Battlearium. I understand and acknowledge that Battlearium is not responsible for the intentional or unintentional actions of the other participants in the Activities and assume all risk associated with Participant’s engagement therein.
VI. I understand and acknowledge that injury or death, or injury or loss to personal property, may result from participation in the Activities and from the use of the premises where the Activities will occur, including use of any machinery, equipment, or other apparatus located therein (collectively, the “Activity Premises”).
VII. I understand and acknowledge that the nature of the Activities, if abused, could cause serious injury. I consent and agree to allow the Participant to receive medical treatment which may deemed advisable in the event of injury. I understand and acknowledge that injuries may be compounded or exacerbated by negligent rescue operations or procedures.
VIII. Participant will follow any and all instructions and/or rules of conduct set forth by Battlearium and its employees, including the Battlearium Rules of Conduct, which are contained in the attached Exhibit A, which is fully incorporated herein. By signing below, signor acknowledges that they have reviewed and understand the terms contained in Exhibit A, including Battlearium’s Rules of Conduct and Refund Policy. Battlearium’s Rules of Conduct and Refund Policy are also available online at http://www.Battlearium.com/games/rules.
IX. I understand and acknowledge that Battlearium may cancel, suspend, amend, or terminate the Participant’s participation in the Activities at any time and for any reason, and may remove the Participant from the Activity Premises by any lawful means necessary.
X. I understand and acknowledge that this Agreement will govern my actions and responsibilities or the actions and responsibilities of the Participant with respect to participation in the Activities.
BATTLEARIUM RULES OF CONDUCT
I understand and acknowledge that Participant has reviewed and understands the terms Battlearium’s Rules of Conduct, as follows:
I. No cursing/swearing.
II. No physical contact or fighting with other participants.
III. No taunting, bullying, or insulting other participants.
IV. No food, drink, or tobacco products are allowed in the Battlearium arena.
V. Athletic footwear is required of all participants. All footwear must be close-toed; playing with sandals or going barefoot is not allowed at the Battlearium.
VI. Outside Archery Wars bows are strictly prohibited.
VII. Archery Wars arrows are not to be thrown, kicked, or used in any other way than to be shot from a Battlearium-provided bow.
VIII. No Nerf Mega weapons are allowed in the Battlearium arena.
IX. Modified nerf guns are not allowed in the Battlearium arena. The Battlearium judge will inspect all nerf guns before they are allowed to be used.
X. No outside laser tag equipment is allowed.
XI. Participants must follow the instructions of the Battlearium judge(s) at all times. Failure to follow a Battlearium judge’s instructions or arguing with the Battlearium judge will result in play stopping and the participant being asked to leave.
XII. Participants may not intentionally shoot any foam arrow or dart at someone’s face or head.
XIII. Masks are required for Archery Wars. Participants may use their own mask as long as it meets Battlearium’s safety standards.
XIV. Safety glasses are required for Foam Battles. Participants may use their own safety glasses as long as they meet Battlearium’s safety standards.
XV. Participants who bring their own equipment must still pay a Battlearium arena access fee.
XVI. Firing guns or arrows in non-playing areas for any reason is strictly prohibited and may result in ejection.
XVII. Participants may not move Battlearium arena equipment, such as blinds or props, during game play.
XVIII. Participants may not cover up the receivers on their laser tag equipment.
XIX. Participants must be at least 7 years old to play Laser Tag or Archery Wars in the Battlearium arena. Participants must be at least 5 years old to play Foam Dart Battles in the Battlearium arena.
XX. Participants must present a signed Liability Waiver before being allowed to play in the Battlearium arena. Participants under the age of 18 must have a Liability Waiver signed by a parent or legal guardian before being allowed to play in the Battlearium arena.
XXI. No firearms, knives, or other weapons are allowed in the Battlearium arena.
XXII. Participants may not enter the Battlearium arena if they are intoxicated or under the influence of drugs.
XXIII. If the Battlearium judge sees or smells signs of intoxication on a Participant, that Participant will not be allowed in the Battlearium arena.
XXIV. Participants must always obey authority. If a figure of authority appears, such as a police officer, EMS, or security guard, participants must immediately lay down their equipment.
RELEASE OF LIABILITY AND PROMISE TO INDEMNIFY
I. I hereby WAIVE, RELEASE, and FOREVER DISCHARGE any and all rights or claims for damages which may have accrued or hereafter accrue to me against Battlearium and any and all persons, organizations, and legal entities affiliated with Battlearium, together with its representatives, officers, agents, employees, successors, assigns, and sponsors, for any and all damages which may be sustained or suffered by me in conjunction with participation in the Activities.
II. I will INDEMNIFY Battlearium and all persons, organizations, and legal entities affiliated with Battlerium, from any claims or demands which might be made against the same, arising out of or in consequence of Participant’s participation in the Activities.
III. I ASSUME FULL RESPONSIBILITY AND ALL LIABILITY for Participant’s actions or omissions, and any loss, injury, or damage to any persons or property resulting therefrom, in connection with the Participant’s participation in the Activities.
IV. I ASSUME ALL RISK OF ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE arising out of or related to the Activities, whether caused by NEGLIGENCE or otherwise.
V. This Agreement shall be construed broadly to provide the maximum waiver, indemnification, and release permissible under applicable law.
PROMISE TO USE EQUIPMENT RESPONSIBLY
I accept full responsibility for any item or device provided to the Participant by Battlearium for the purpose of participation in the Activities, and commit to return the same in working order. If I misuse any item or device provided to me by Battlearium, I will reimburse Battlearium for any damage or loss to any such item or device.
RELEASE OF PHOTO RIGHTS
I understand and acknowledge that while participating in the Activities the Participant may be photographed. I agree to allow Participant’s photo, video, or film likeness to be used for any legitimate purpose that Battlearium may choose.
BATTLEARIUM REFUND POLICY
Refunds will be available for any cancelled reservations that are made more than forty-eight (48) hours prior to a scheduled Battlearium activity. For any cancellations made less than forty-eight hours before a scheduled Battlearium activity, a refund in the form of store credit will be given. No refunds shall be given to Participants who are asked to leave Battlearium for violating Battlearium’s Rules of Conduct or the Battlearium Safety Acknowledgements.
I. I understand and acknowledge that any and all references in this Agreement to “Battlearium” includes any and all of Battlearium’s affiliates, subsidiaries, related entities, licensees, employees, officers, directors, members, successors, agents, and assigns.
II. If any provision of this Agreement is void or unenforceable in any jurisdiction, it is severed, to the extent of such invalidity or unenforceability only in respect to that jurisdiction. The remainder of this Agreement has full force and effect and the validity and enforceability of that provision in any other jurisdiction is not affected.
III. This is the entire agreement between myself, the above-named Participant, if different from myself, and Battlearium. This Agreement may not be modified or changed unless both parties agree in writing signed by both parties.
IV. The terms of this Agreement are to be governed by the laws of the State of West Virginia.
V. Any controversy or claim arising from Participant’s participation in the Activities, or with respect to this Agreement, shall be exclusively resolved by binding arbitration. The place of arbitration shall be Huntington, West Virginia, and judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND THAT I FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND PROMISE NOT TO SUE BATTLEARIUM AND IS A CONTRACT THAT IS SIGN OF MY OWN FREE WILL IN EXCHANGE FOR PERMISSION TO PARTICIPATE IN THE ACTIVITIES OFFERED BY BATTLEARIUM. I FURTHER CERTIFY THAT THE INFORMATION I HAVE PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
Signature of the Participant
Signature of Guardian (if Participant is under the age of 18)
Today's Date: October 21, 2019