PLEASE READ CAREFULLY: THIS IS A RELEASE OF LIABILITY AND WAIVER OF RIGHTS.
The holder, purchaser, renter, and/or user of equipment or facilities provided by Langer's ("Participant") understands that activities such as climbing walls, laser tag, bowling, ropes courses, play structures, arcades, campfires, and any other sports, games, events, competitions, or activities (collectively "Activities") are hazardous and that injuries can occur. Participant accepts and assumes the risks associated with the Activities, including but not limited to tripping, falling, loss of control, exceeding one's ability, equipment failure, loss of balance, uneven and slippery surfaces, collisions with natural or man-made objects or other persons, lack of or improperly fitted safety equipment, no or delayed first aid or rescue, no or minimal supervision or instruction, inadequate lighting or visibility, exposure to fire, fatigue, exhaustion, and/or exposure to bodily fluids of others, viruses, diseases, or infections, whether or not epidemic or pandemic in origin or breadth. Participant freely and expressly assumes any and all risk of injury, death, and property damage associated with the Activities.
Without limiting the foregoing, the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend various practices to reduce the risk of exposure. Langer's has adopted preventative measures to reduce the spread of COVID-19 but Langer's cannot guaranty that Participant will not become infected with COVID-19. Further, visiting Langer's could increase Participant's risk of contracting COVID-19. By accepting this Agreement, Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that Participant may be exposed to or infected by COVID-19 at Langer's and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 at Langer's may result from the actions, omissions, or negligence of Participant and others, including without limitation Langer's employees or other patrons or guests. Participant voluntarily assumes all of the foregoing risks and accepts sole responsibility for any injury to Participant (including without limitation personal injury, disability, and death), illness, damage, loss, liability, or expense of any kind that Participant may experience or incur in connection with Participant's visit to Langer's ("Claims"). Participant hereby releases, covenants not to sue, discharges, and agrees to hold harmless Langer's for, from, and against the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. Participant understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of Langer's, whether a COVID-19 infection occurs before, during, or after any visit to Langer's.
In consideration for participation in any of the Activities and the use of any other facilities, premises, or equipment provided by Langer's, on behalf of Participant and any minor or other person of or for whom Participant is a parent, guardian, custodian, chaperone, or provider of transportation to or from Langer's (each of whom collectively is a "Participant"), Participant hereby releases and agrees to hold harmless and indemnify Langer Operations LLC doing business as Langer's, Langer's Entertainment LLC, Langer Family LLC, and each of their members, managers, directors, officers, employees, affiliates, contractors, organizers, sponsors, and agents (collectively "Langer's") from and against any and all claims against Langer's arising directly or indirectly out of any Activities and/or the use of any Langer's facilities, premises, or equipment. This release includes claims and liabilities arising from negligence on the part of Langer's but does not include claims based on gross negligence or intentional misconduct. Participant also agrees to indemnify (including costs and attorney fees) Langer's for any claim brought on behalf of a minor or other person in the custody or care of Participant.
Participant understands that participation in the Activities is voluntary and that Participant is solely responsible for determining whether Participant is capable of and has the skill necessary to perform the Activities.
Participant accepts for use "AS IS" any equipment provided and accepts full responsibility for the care of the equipment while it is in Participant's possession. Participant is responsible for the replacement at full retail value of any equipment provided if the equipment is not returned. Participant also agrees to reimburse Langer's for any loss or damage to the equipment, other than reasonable wear and tear. Participant agrees to return all equipment on time and in and immediately reusable clean condition. Participant understands that there are inherent and other risks involved in the use of the equipment and that injuries can and do occur, and Participant expressly assumes these risks.
Participant understands that helmets are not designed to prevent or minimize all head injuries and that Participant is responsible for the proper fitting of any helmet. Participant understands that any equipment provided, including helmets, will not prevent or minimize all injuries.
Participant agrees to abide by all rules, regulations, directions, signage, and/or orders of Langer's. If Participant fails to do so, Langer's may, among other things, revoke any privilege and/or license to use Langer's facilities, premises, or equipment or to engage in the Activities.
Venue for any legal proceeding arising out of this Agreement and/or the Activities shall be Washington County, Oregon. This Agreement is governed by Oregon law.
Participant hereby irrevocably grants to Langer's the right to use Participant's name, image, or voice ("Image") for any educational, promotional, advertising, or other purpose on behalf of Langer's. Participant agrees that all intellectual property rights to Participant's Image in any way related to the Activities or Langer's belong to Langer's and waives any right to approve, inspect, and/or receive royalties or other benefits from the use of Participant's Image.
I AgreeI have carefully read and understand this Agreement and all of its terms. I understand that this is a release. I enter into this Agreement voluntarily and understand that it is binding upon me and my heirs and representatives.
Today's Date: October 26, 2021