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: April 29, 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: April 29, 2024 |