Agreement
In consideration of being permitted to attend, enter, use, observe, or participate in any event, program, activity, service, game, attraction, rental, lesson, class, promotion, or use of premises, equipment, or property provided, sponsored, operated, or arranged by Play207, LLC and PineWave Audio Visual including its owners, members, managers, employees, volunteers, contractors, agents, affiliates, successors, and assigns (collectively, the “Released Parties”), I agree as follows: 1. Acknowledgment of Risks
I understand that participation may involve known and unknown risks, including but not limited to slips, trips, falls, collisions, cuts, bruises, sprains, strains, broken bones, head injuries, illness, allergic reactions, emotional distress, property damage, and other serious injury, disability, or death. I understand that risks may arise from my own actions or inactions, the actions or inactions of others, the condition of the premises, the condition or use of equipment, weather, crowd conditions, transportation, sanitation issues, food or beverages, or the alleged negligence of one or more Released Parties. I acknowledge that some risks are inherent to recreational, entertainment, educational, athletic, and public-participation activities, and that I am voluntarily choosing to participate with knowledge of those risks. 2. Assumption of Risk
I voluntarily assume all risks of injury, illness, damage, or loss arising from or related to my presence at or participation in any Play207, LLC and PineWave Audio Visual activity, whether such risks are known or unknown, expected or unexpected, and whether arising from inherent risks of the activity or from the ordinary negligence of one or more Released Parties, to the fullest extent permitted by Maine law. Maine courts require waivers of negligence liability to be stated clearly and with particularity, which is why this clause expressly references negligence. 3. Release and Waiver of Claims
To the fullest extent permitted by Maine law, I release, waive, and discharge the Released Parties from any and all claims, demands, causes of action, damages, losses, costs, expenses, or liabilities of any kind, whether known or unknown, arising out of or related to my participation in or presence at any Play207, LLC and PineWave Audio Visual activity, including claims alleging the ordinary negligence of one or more Released Parties. This release is intended to be broad and inclusive, but it does not release claims that cannot lawfully be waived under Maine law, including claims based on gross negligence, reckless conduct, intentional misconduct, or any other claim that Maine law does not permit to be released in advance. 4. Medical Consent and Insurance
I certify that I am physically and mentally able to participate, or that I have disclosed any relevant limitations to Play207, LLC and PineWave Audio Visual before participating. I authorize emergency medical care if deemed necessary and understand that I am solely responsible for any medical, ambulance, hospital, or related expenses. I understand that Play207, LLC and PineWave Audio Visual does not provide health or accident insurance for participants unless expressly stated in writing. 5. Rules and Removal
I agree to follow all posted rules, verbal instructions, safety requirements, and staff directions. I understand that Play207, LLC and PineWave Audio Visual may refuse entry or remove me from an activity or premises at any time for safety, behavioral, operational, or policy reasons, without refund where permitted by law. 6. Property Damage
I accept responsibility for damage I cause to facilities, equipment, displays, rental items, or the property of others through intentional acts, misuse, or failure to follow instructions. 7. Photo / Video Release (Optional)
I grant Play207, LLC and PineWave Audio Visual permission to photograph or record me during participation and to use my name, image, voice, and likeness for lawful promotional, educational, social media, and business purposes without compensation, unless I initial here to opt out: ________ 8. Indemnification
To the fullest extent permitted by law, I agree to indemnify and hold harmless the Released Parties from third-party claims, demands, losses, or expenses, including reasonable attorney’s fees, arising from my conduct, my violation of rules, or my participation, except to the extent caused by conduct that cannot lawfully be shifted or waived under Maine law. 9. Minors
Under Maine law, persons 18 years of age or older are of majority for all purposes. If the participant is under 18, a parent or legal guardian must sign below. This form is intended to document informed permission and assumption of risk, but Maine is among the states where parental pre-injury waivers for a minor’s claims may not be reliably enforceable, so legal review is strongly recommended if Play207, LLC and PineWave Audio Visual serves minors. 10. Governing Law; Severability
This agreement shall be governed by the laws of the State of Maine. If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall remain in full force to the fullest extent permitted by law. 11. Venue
Any dispute relating to this agreement or my participation shall be brought exclusively in a court of competent jurisdiction located in the State of Maine, unless applicable law requires otherwise. 12. Acknowledgment of Understanding
I have carefully read this Waiver of Liability and Assumption of Risk. I understand that I am giving up important legal rights, including the right to sue for claims that may be released by this agreement. I sign this agreement voluntarily and intend for it to be legally binding. |