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I voluntarily elected


 

I have voluntarily elected to allow the minor child(ren) (“Child”) identified below  :

to use the Stars and Strikes, LLC facilities and equipment, located at 333 North Lowery St., Smyrna, TN 37167  (“Stars and Strikes”).  In consideration for being allowed to use, or observe others using, said facilities and equipment, and any other services provided by Stars and Strikes, its employees, or agents (“Stars and Strikes Attractions”), I represent, acknowledge and agree as follows:

General Release

                I acknowledge and agree that this Participant Waiver, Release, Assumption of Risk and Indemnification Agreement (the “Agreement”) covers and is intended to release and provide other benefits, legal protections, and consideration to Stars and Strikes, its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on its respective or collective behalf.  I, on behalf of myself or the Child, fully waive the right to bring any and all claims arising from my presence on, or use of, the Stars and Strikes facilities and equipment.  Further, I fully release Stars and Strikes, its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on its respective or collective behalf, from any and all claims arising from my presence on, or use of, the Stars and Strikes facilities and equipment.  My waiver and release of claims in this Agreement shall not be construed as a waiver or release of my right to bring claims for intentional torts or gross negligence which arise from my presence on, or use of, the Stars and Strikes facilities and equipment. 

Release of Potential Injuries for Axe Throwing and Other Attractions

                I acknowledge and agree that the Stars and Strikes Attractions include Axe Throwing and agree that the participation and observation of Axe Throwing is inherently and obviously dangerous.  These risks include serious physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and may include damage to personal property of any or all such persons.  I understand that these risks are inherent in the essential qualities of the activity and cannot just be removed without substantially changing the activity.  I further agree that this activity is for recreational purposes and completely voluntary.  I also agree to use Stars and Strikes Attractions and facilities in a safe and responsible manner.

Release of Potential Infection of Disease and Viruses

                I acknowledge that Stars and Strikes is a public location with many guests and employees who utilize the space on a daily basis.  I further recognize that while Stars and Strikes practices appropriate and reasonable cleaning practices, I could still potentially get infected with a disease or virus, including, but not limited to COVID-19, through my participation in, or observation of others participating in, the Stars and Strikes Attractions.  I fully release Stars and Strikes, its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on its respective or collective behalf from any claim against them regarding the contraction of a disease or virus from for myself or the Child.  My waiver and release of claims arising from the contraction of a disease or virus in this Agreement shall not be construed as a waiver or release of my right to bring claims for intentional torts or gross negligence which arise from my presence on, or use of, the Stars and Strikes facilities and equipment. 

Voluntary Assumption of Risk

                I acknowledge and agree that I and the Child are participating voluntarily at our own risk.  I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Stars and Strikes employees could cause me or the Child significant bodily injury (as described within), and that Stars and Strikes is not responsible for the actions or activities of customers using Stars and Strikes Attractions or the negligence of its employees in supervising the Stars and Strikes Attractions, including actions, activities, or omissions that result in such harm.  I specifically acknowledge and assume the risk that participants may:

                1.) Die or become paralyzed, partially or fully, through their use of the Stars and Strikes facility and participation in Stars and Strikes Attractions;

                2.) Suffer cuts, scrapes, bumps, bruises, or sprain, pull break or otherwise seriously externally or internally injure their head, face, neck, torso, spine, arms, wrists, hands, legs, ankles, feet, or other body part as a result of falling on any Stars and Strikes Attraction, landing improperly on other equipment, or making contact with other participants;  

3.) Suffer from the transmission of disease strains and allergic reactions or suffer heat stroke, heart attacks, dehydration and other exertion-related medial events through use of the Stars and Strikes Facility or Stars and Strikes Attractions;

4.) Suffer from similar physical injury from observing, standing, sitting, or taking photographs at or near any of the Stars and Strikes Attractions, even if the observer is not participating. 

Agreement to Pay My Own Medical Expenses

                I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury or illness that I or the Child might sustain as a result of using the Stars and Strikes Attractions.  I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical/occupational therapy) is required or performed as a result of any injury I or the Child sustains while using Stars and Strikes Attractions, such assistance shall be at my own expense.

Arbitration

                I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR THE CHILD’S ACCESS TO, USE, OR ABILITY TO OBSERVE OTHER’S USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE DETERMINED BY ARBITRATION IN FULTON COUNTY, GEORGIA, BEFORE ONE ARBITRATOR.  JUDGEMENT ON ANY AWARDS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.  THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. The Arbitration shall be in accordance with the JAMS Rules of Arbitration, which can be found online at jamsadr.com.

I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the Child, to maintain a lawsuit against STARS AND STRIKES, its agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, assigns, and all other persons or entities acting in any capacity on its respective or collective behalf.  Further, I acknowledge that by agreeing to arbitrate, I understand that I, the Child, and STARS AND STRIKES will NOT have the right to have claim(s) determined by a jury. 

Time Limit to Bring Claim(s)

                I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR THE CHILD’S ACCESS TO, USE, OR ABILITY TO OBSERVE OTHER’S USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury). 

Photo/Video/Social Media Wavier

                In connection with my and the Child’s use of the Stars and Strikes Facility and Stars and Strikes Attractions, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic, or other means (“Recordings”).  I hereby consent to and authorize Stars and Strikes and its agents, representatives, employees, successors, and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any Stars and Strikes Facility.  I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form.  In addition, I waive any and all claims that I or the Child may have in connection with the Recordings.  

Severability

In the event any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction or arbitrator to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in effect and this Agreement shall be read as though the offending provision had not been written.

First Participant's Name
First Name*
Last Name*
Phone*
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First Participant's Date of Birth*
Date of Birth
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*
Confirm Email*
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
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*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
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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