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Participant Agreement, Release of liability and Hold Harmless Agreement with
The Hero Day™ Only Sign if You Fully Understand

BRAC EVENTS LLC DBA The Hero Day™

WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS. READ IT CAREFULLY BEFORE SIGNING.

Locations: 2400 Elida Road, Lima, OH | 937 E. Ash St, Piqua, OH

This Waiver and Release Agreement shall apply to all Hero Day™ locations operated by BRAC Events LLC throughout the State of Ohio, including but not limited to facilities in Lima and Piqua. It shall remain in full force and effect for any future visit or participation at any current or future Hero Day™ location in Ohio unless expressly revoked in writing by the participant or their legal guardian. This Agreement is intended to be as broad and inclusive as permitted by Ohio law.

  1. ASSUMPTION OF RISK I understand that participation in activities at The Hero Day™ — including but not limited to inflatables, zip lines, slides, obstacle courses, air tracks, dodgeball, basketball, all attractions, and general movement throughout the premises or any related events, whether on-site or off-site — involves inherent risks. These include serious physical injury, illness (including exposure to pathogens or allergens), permanent disability, paralysis, emotional trauma, and death. I voluntarily assume all such risks, whether known or unknown, foreseeable or unforeseeable, even if arising from the ordinary negligence of BRAC Events LLC or its representatives. I accept full responsibility for any injury or loss that I or my minor child may suffer while on the premises or as a result of participation, including delayed or latent injuries. I specifically acknowledge risks such as falls, collisions, equipment failure, slips, trips, exposure to environmental elements (e.g., weather, insects, uneven surfaces), and injuries related to physical exertion or interactions with other participants, and I confirm that I have inspected the premises or waive my right to do so. I acknowledge that these activities are purely recreational and voluntary, and I am not required to participate.
  2. RELEASE OF LIABILITYIn consideration of being permitted to enter and use the facilities, I, on behalf of myself, my heirs, executors, assigns, personal representatives, and next of kin, hereby release, waive, discharge, and covenant not to sue BRAC Events LLC, its owners, directors, officers, shareholders, employees, agents, affiliates, successors, assigns, landlords, equipment suppliers, volunteers, insurers, and any other related parties or entities (collectively, the “Released Parties”) from any and all claims, demands, damages, losses, or liabilities arising out of my or my child’s participation in activities at The Hero Day™, whether caused by ordinary negligence or any other cause except as limited below. This release includes, but is not limited to, claims for personal injury, property damage, illness, emotional distress, or wrongful death arising before, during, or after participation. This release does not apply to gross negligence, willful or intentional misconduct, or intentional violations of law.
  3. INDEMNIFICATION I agree to defend, indemnify, and hold harmless the Released Parties from any claim, cause of action, damages, losses, or expenses (including attorneys’ fees and court costs) arising out of or resulting from my or my child’s participation in any activity at The Hero Day™, including claims arising from my own negligence or the ordinary negligence of the Released Parties or claims brought by third parties (e.g., other participants or family members).
  4. HEALTH AND SAFETY COMPLIANCE I confirm that I and/or my child: • Are in good health and physical condition to safely participate in the activities; • Have not recently been diagnosed with or exposed to any contagious illness; • Will comply with all posted rules and staff instructions at all times; • Will not participate while under the influence of drugs, alcohol, or any impairing substances. I acknowledge that The Hero Day™ reserves the right to remove any participant whose behavior is deemed unsafe or non-compliant without refund or liability. I agree to supervise my child at all times if required by facility rules.
  5. NO WARRANTIES AND PARTICIPANT RESPONSIBILITIES The Released Parties make no warranties, express or implied, regarding the safety, condition, or suitability of the facilities, equipment, or activities, including merchantability or fitness for a particular purpose. I am solely responsible for my and my child’s personal belongings, health insurance, and any medical needs. I acknowledge that participation is at my own risk and that I should consult a physician before participating if I have any health concerns.
  6. MEDIA RELEASE I grant permission to BRAC Events LLC and The Hero Day™ to photograph, videotape, and record me and/or my child(ren) while on the premises, and to use such recordings for any lawful promotional or commercial purpose without compensation or further consent or liability for privacy claims.
  7. ARBITRATION AND GOVERNING LAW Any claim or dispute arising out of this Agreement shall be resolved by binding arbitration in Allen County or Miami County, Ohio, in accordance with the rules of the American Arbitration Association. Both parties waive the right to a jury trial. I also waive any right to participate in a class action or representative action against the Released Parties. This Agreement shall be governed by the laws of the State of Ohio, without regard to its conflict of laws principles. The exclusive venue for any non-arbitrable matters shall be the courts of Allen or Miami County, Ohio.
  8. MEDICAL TREATMENT AND EMERGENCY RESPONSE I authorize BRAC Events LLC and its staff to administer first aid and/or summon emergency medical services (including EMTs, ambulance transport, or other professional medical care) on my behalf or on behalf of my child if deemed necessary. I understand that BRAC Events LLC is not responsible for the decisions or actions of medical personnel or emergency responders. I agree that I am solely responsible for all medical expenses, treatment costs, and transportation fees incurred as a result of any illness or injury suffered while on the premises or participating in any activity. I release and hold harmless BRAC Events LLC and all related parties from any claim arising from the provision or denial of emergency medical services.
  9. SEVERABILITY If any provision of this Agreement is held to be unenforceable, the remaining provisions shall remain in full force and effect.
  10. LIMITATION OF LIABILITY To the fullest extent permitted by law, the Released Parties’ total liability for any claim arising from this Agreement or participation shall not exceed the amount paid for admission (if any). I waive any right to consequential, punitive, or exemplary damages.
  11. ADDITIONAL ACKNOWLEDGMENT FOR MINORS If I am signing on behalf of a minor, I confirm that I am the parent or legal guardian with full authority to bind the minor to this Agreement. I have explained the risks to the minor in an age-appropriate manner and believe participation is in their best interest. I acknowledge that waivers for minors may not be fully enforceable in for-profit recreational activities under Ohio law, but I agree to proceed under these terms and indemnify the Released Parties for any claims related to the minor’s participation.
  12. ENTIRE AGREEMENT AND SURVIVAL This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or representations. No oral modifications are permitted. All provisions shall survive termination of participation and continue in effect indefinitely. I confirm I am of sound mind, not under duress or impairment, and have had ample opportunity to review this Agreement.

ACKNOWLEDGMENT AND SIGNATURE

By signing below, I acknowledge that I have read, understood, and voluntarily agree to this Waiver and Release of Liability, Assumption of Risk, and Indemnification Agreement. I affirm that I am: (a) 18 years of age or older and signing on my own behalf, or (b) the parent or legal guardian of the minor participant and have legal authority to sign on their behalf. This signature is voluntary, without duress, and without reliance on any external representations.


First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
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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