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AIM and GAME (NERF'S UP, LLC) RELEASE AND WAIVER OF LIABILITY, ASSUMPTION, OR RISK, AND INDEMNITY AGREEMENT

I hereby release, discharge, and covenant not to sue Nerf’s Up, LLC (dba Aim and Game), its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the activity takes place (each individually and jointly referred to herein as the “RELEASEES”, from all liability, claims, demands, losses, communicable diseases, or damages or anything referred to in this RELEASE on my account caused or alleged to be caused in whole or in part by the negligence of the RELEASEES or otherwise, including negligent rescue operations; to release the RELEASEES, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise.  I further agree that if, despite the release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the RELEASEES, I will indemnify, save and hold harmless each of the RELEASEES from any loss, liability, damage, or cost which may incur as the result of such claim.

In consideration of participating in Nerf, Axe throwing, Gaming, Dodgeball, Arcade activities, or other activities on site, hereinafter referred to as the Activity, I represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe event considerations are unsafe, I will immediately discontinue participating in the Activity.

I fully understand that this Activity involves risks of serious bodily injury, including permanent disability, paralysis, and/or death, which may be caused by my own actions, or inactions, or others’ participating in the event, the conditions in which the event takes place, or the negligence of the RELEASEES; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs and damages I incur as a result of my participation in the Activity.

I hereby affirm and acknowledge that I am fully informed of the inherent hazards and risks associated with the Activity, including the rental of equipment and transportation associated therewith of which I am about to engage in.  Inherent hazards and risks including, but not limited to:

1. Risk of injury from the Activity and/or equipment utilized is significant including the potential for permanent disability and death;
2. Possible equipment failure and/or malfunction of my own or other’s equipment;
3. This activity includes risks like encountering objects either natural or man-made;
4. My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, bunkers, etc.;
5. Accidents or illness occurring where there are no medical facilities;
6. Fatigue, chills, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident;
7. Processing of multiple light streams, flashing lights, and loud music/noise will be present, and/or
8. I understand that the Nerf’s Up snack bar product selection may include peanuts, other nuts, or other allergens.

We reserve the right to remove and exclude from the premises without refund any person who we determine to be intentionally violating this agreement and/or our posted rules.

All self-owned equipment to be used on the Nerf’s Up premises is at your own risk of damage or loss, and must be presented for inspection to Nerf’s Up personnel prior to use. All Nerf-related equipment must be inspected prior to entry into the Nerf Arena, and may be excluded if it propels projectiles at velocities significantly faster than other equipment at the same event. All axe throwing-related equipment needs to be examined by Nerf’s Up personnel and can only be accessed and utilized while on the turf within the Axe Throwing Room.

I promise to replace via monetary compensation any willfully or carelessly damaged equipment.

I hereby grant Nerf’s Up, LLC the irrevocable and unrestricted right to use and publish photographs, videos, and/or other images of me/my child, or in which I/my child may be included, in any print, electronic, digital, or other media; and to alter the same without restriction.  I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these images.  I irrevocably assign such images’ rights and uses to Nerf’s Up, LLC into perpetuity, revocation of this document will not negate this paragraph. I hereby release Nerf’s Up, LLC and its legal representatives and assigns from all claims and liabilities relating to said images.

By providing my email address below, I represent and warrant that it may be used for receiving promotions, newsletters, etc. from Nerf’s Up.

I understand and agree that if I am infected with a communicable disease, or exhibit two or more of the symptoms of a communicable disease, or am within the contagious period for a communicable disease, I may not enter, use or remain in the Aim & Game premises.  In furtherance thereof, I and each member of my party will sign an indemnity and release form: (1) agreeing to abide by this policy, (2) indemnifying Nerf’s Up from any liability to any person contracting a communicable disease on account of a violation of this policy by me or my party, and (3) Nerf’s Up from liability to me and my party from liability on account of contracting a communicable disease by reason of a third party’s violation of this policy. *Nerf’s Up, LLC includes its dba ”Aim & Game”, and any owner, agent or employee of Aim & Game.

It is my and/or my child’s voluntary intent to participate in the Activities. Whether participating, observing, or a combination of both, I acknowledge for all that I legally represent that I am aware that there are risks to me of exposure directly or indirectly arising out of, contributed to, by, or resulting from an outbreak of any and all communicable disease, including but not limited to the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)” which is responsible for Coronavirus Disease (COVID-19) and/or any mutation or variation thereof.

In consideration of having the opportunity for me/my child to participate and/or observe, I knowingly and freely assume all such risks, both known and unknown even if arising from the negligence or potential exposure from other participants. The risk of serious illness and death does exist. Nerf’s Up does not and cannot guarantee or warrant that participants will not contract a communicable disease including, but not limited to, COVID-19. I am acknowledging that I am aware of and willing to assume the risks associated. I have read this release of liability and assumption of risk agreement, and fully understand its terms. The information contained herein is to be read and explained to participants with the agreement to hold harmless the RELEASEES from any and all liability incidents to me/my child’s involvement, observance, or participation in any or all of the offered Activities, to the fullest extent as permitted by law.

I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial legal and other rights by signing it and have signed it freely and without any inducement and assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any provision of this document is found to be unenforceable, the remaining items shall be enforced.

Today's Date: May 26, 2024

I hereby release, discharge, and covenant not to sue Nerf’s Up, LLC (dba Aim and Game), its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the activity takes place (each individually and jointly referred to herein as the “RELEASEES”, from all liability, claims, demands, losses, communicable diseases, or damages or anything referred to in this RELEASE on my account caused or alleged to be caused in whole or in part by the negligence of the RELEASEES or otherwise, including negligent rescue operations; to release the RELEASEES, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or otherwise.  I further agree that if, despite the release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the RELEASEES, I will indemnify, save and hold harmless each of the RELEASEES from any loss, liability, damage, or cost which may incur as the result of such claim.

In consideration of participating in Nerf, Axe throwing, Gaming, Dodgeball, Arcade activities, or other activities on site, hereinafter referred to as the Activity, I represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe event considerations are unsafe, I will immediately discontinue participating in the Activity.

I fully understand that this Activity involves risks of serious bodily injury, including permanent disability, paralysis, and/or death, which may be caused by my own actions, or inactions, or others’ participating in the event, the conditions in which the event takes place, or the negligence of the RELEASEES; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs and damages I incur as a result of my participation in the Activity.

I hereby affirm and acknowledge that I am fully informed of the inherent hazards and risks associated with the Activity, including the rental of equipment and transportation associated therewith of which I am about to engage in.  Inherent hazards and risks including, but not limited to:

1. Risk of injury from the Activity and/or equipment utilized is significant including the potential for permanent disability and death;
2. Possible equipment failure and/or malfunction of my own or other’s equipment;
3. This activity includes risks like encountering objects either natural or man-made;
4. My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, bunkers, etc.;
5. Accidents or illness occurring where there are no medical facilities;
6. Fatigue, chills, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident;
7. Processing of multiple light streams, flashing lights, and loud music/noise will be present, and/or
8. I understand that the Nerf’s Up snack bar product selection may include peanuts, other nuts, or other allergens.

We reserve the right to remove and exclude from the premises without refund any person who we determine to be intentionally violating this agreement and/or our posted rules.

All self-owned equipment to be used on the Nerf’s Up premises is at your own risk of damage or loss, and must be presented for inspection to Nerf’s Up personnel prior to use. All Nerf-related equipment must be inspected prior to entry into the Nerf Arena, and may be excluded if it propels projectiles at velocities significantly faster than other equipment at the same event. All axe throwing-related equipment needs to be examined by Nerf’s Up personnel and can only be accessed and utilized while on the turf within the Axe Throwing Room.

I promise to replace via monetary compensation any willfully or carelessly damaged equipment.

I hereby grant Nerf’s Up, LLC the irrevocable and unrestricted right to use and publish photographs, videos, and/or other images of me/my child, or in which I/my child may be included, in any print, electronic, digital, or other media; and to alter the same without restriction.  I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these images.  I irrevocably assign such images’ rights and uses to Nerf’s Up, LLC into perpetuity, revocation of this document will not negate this paragraph. I hereby release Nerf’s Up, LLC and its legal representatives and assigns from all claims and liabilities relating to said images.

By providing my email address below, I represent and warrant that it may be used for receiving promotions, newsletters, etc. from Nerf’s Up.

I understand and agree that if I am infected with a communicable disease, or exhibit two or more of the symptoms of a communicable disease, or am within the contagious period for a communicable disease, I may not enter, use or remain in the Aim & Game premises.  In furtherance thereof, I and each member of my party will sign an indemnity and release form: (1) agreeing to abide by this policy, (2) indemnifying Nerf’s Up from any liability to any person contracting a communicable disease on account of a violation of this policy by me or my party, and (3) Nerf’s Up from liability to me and my party from liability on account of contracting a communicable disease by reason of a third party’s violation of this policy. *Nerf’s Up, LLC includes its dba ”Aim & Game”, and any owner, agent or employee of Aim & Game.

It is my and/or my child’s voluntary intent to participate in the Activities. Whether participating, observing, or a combination of both, I acknowledge for all that I legally represent that I am aware that there are risks to me of exposure directly or indirectly arising out of, contributed to, by, or resulting from an outbreak of any and all communicable disease, including but not limited to the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)” which is responsible for Coronavirus Disease (COVID-19) and/or any mutation or variation thereof.

In consideration of having the opportunity for me/my child to participate and/or observe, I knowingly and freely assume all such risks, both known and unknown even if arising from the negligence or potential exposure from other participants. The risk of serious illness and death does exist. Nerf’s Up does not and cannot guarantee or warrant that participants will not contract a communicable disease including, but not limited to, COVID-19. I am acknowledging that I am aware of and willing to assume the risks associated. I have read this release of liability and assumption of risk agreement, and fully understand its terms. The information contained herein is to be read and explained to participants with the agreement to hold harmless the RELEASEES from any and all liability incidents to me/my child’s involvement, observance, or participation in any or all of the offered Activities, to the fullest extent as permitted by law.

I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial legal and other rights by signing it and have signed it freely and without any inducement and assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any provision of this document is found to be unenforceable, the remaining items shall be enforced.

Today's Date: May 26, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Information
COVID Confirmation *
I ACKNOWLEDGE I READ AND UNDERSTAND THE TERMS OF THIS WAIVER AS IT RELATES TO THE COVID-19 VIRUS.
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
COVID Confirmation *
I ACKNOWLEDGE I READ AND UNDERSTAND THE TERMS OF THIS WAIVER AS IT RELATES TO THE COVID-19 VIRUS.
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
COVID Confirmation *
I ACKNOWLEDGE I READ AND UNDERSTAND THE TERMS OF THIS WAIVER AS IT RELATES TO THE COVID-19 VIRUS.
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
COVID Confirmation *
I ACKNOWLEDGE I READ AND UNDERSTAND THE TERMS OF THIS WAIVER AS IT RELATES TO THE COVID-19 VIRUS.
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
COVID Confirmation *
I ACKNOWLEDGE I READ AND UNDERSTAND THE TERMS OF THIS WAIVER AS IT RELATES TO THE COVID-19 VIRUS.
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
COVID Confirmation *
I ACKNOWLEDGE I READ AND UNDERSTAND THE TERMS OF THIS WAIVER AS IT RELATES TO THE COVID-19 VIRUS.
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
COVID Confirmation *
I ACKNOWLEDGE I READ AND UNDERSTAND THE TERMS OF THIS WAIVER AS IT RELATES TO THE COVID-19 VIRUS.
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
COVID Confirmation *
I ACKNOWLEDGE I READ AND UNDERSTAND THE TERMS OF THIS WAIVER AS IT RELATES TO THE COVID-19 VIRUS.
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
COVID Confirmation *
I ACKNOWLEDGE I READ AND UNDERSTAND THE TERMS OF THIS WAIVER AS IT RELATES TO THE COVID-19 VIRUS.
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
COVID Confirmation *
I ACKNOWLEDGE I READ AND UNDERSTAND THE TERMS OF THIS WAIVER AS IT RELATES TO THE COVID-19 VIRUS.
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
I am the above minor’s parent and/or legal guardian and/or adult with permission from parent or legal guardian to sign on their behalf. I guarantee the promises and agreements provided above. I understand the nature of the above-referenced activities and am cognizant of the minor’s experience and capabilities and believe, regardless of product packaging, that the Nerf’s Up activities and equipment are age-appropriate for the minor and that he or she is qualified to participate in such activities. I hereby release, discharge, covenant not to sue, and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the RELEASEES, described above, 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 RELEASEES 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 RELEASEES, I THE PARENT AND/OR LEGAL GUARDIAN AND/OR ADULT, THROUGH PROXY SIGNATURE OR DIRECTLY WITH MY OWN SIGNATURE, WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the RELEASEES from any litigation expenses, attorney fees, loss liability, damage, or cost any RELEASEE may incur as the result of any such claim. This Consent shall remain in effect until revoked in writing by instrument provided to Nerf’s Up.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
COVID Confirmation *
I ACKNOWLEDGE I READ AND UNDERSTAND THE TERMS OF THIS WAIVER AS IT RELATES TO THE COVID-19 VIRUS.
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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