RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
PLEASE READ THIS AGREEMENT CAREFULLY.
In consideration of my entry upon the premises and facilities described as “The Collective Game Lounge” (“Game Lounge”) and the ability to participate in the Game Lounge activities (defined below), I hereby agree with SV Building 6 Development LLC, Snowmass Mountain Lodging and their employees, agents, representatives, volunteers, independent contractors, subcontractors, service providers, successors and assigns (collectively, the “Releasees”), as follows.
GAME LOUNGE ACTIVITIES
Within the Agreement, the “Game Lounge Activities” means any and all activities, events and services provided, arranged organized, conducted or made available by the Releasees to members of public at of from the Game Lounge from time to time, including, without limitation, ball pool, arcade games, table tennis, foosball, skee ball, swings, lounge area and such other activities as may be related to the Game Lounge activities.
ACKNOWLEDGMENT AND ASSUMPTION OF RISK & COVID-19
I am aware that my entry up the Game Lounge and participation in the Game Lounge Activities involves risks and dangers that may cause serious injury and, in some cases, death, and loss of or damage to personal property. These risks are inherent in the Game Lounge Activities and cannot be eliminated without altering their character and value. The risks may include, among others: slips and falls; falls from heights; scrapes; cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; impacts with other people; impacts with wall, ground or other structures and equipment; entanglement; seizures; loss of awareness; eye strain; dizziness; disorientation; nausea; impaired balance; light-headedness; fatigue; motion sickness; concussions; broken bones; physical or emotional injuries; emotional distress; paralysis; other bodily injuries; and negligence of other persons.
I AM AWARE OF AND UNDERSTAND THE RISK AND DANGERS ASSOCIATED WITH THE GAME LOUNGE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND DANGERS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
COVID-19 coronavirus (“COVID-19”) is extremely contagious and is believed to spread mainly from person-to-person contact. Methods of transfer include, but are not limited to, physical contact, contact through breath, and contact with stable surfaces. Additional information about COVID-19 and COVID-19 symptoms may be found at https://www.cdc.gov/coronavirus/2019-ncov/index.html and https://covid19.colorado.gov/about-covid-19. Base Village wants to make sure that you understand the potential risks of COVID-19 before you decide to use the Game Lounge. There may be other risks and dangers, a complete listing of which is not possible and cannot be anticipated, and you assume all such risks and dangers, whether or not described here, known or unknown.
By signing this Waiver and Release, you recognize and acknowledge the contagious nature of COVID-19 and the threat that COVID-19 poses to the health of individuals, and you voluntarily and knowingly assume the risk that you or your Minor may be exposed to or infected by COVID-19 at the Rink, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. You understand and acknowledge that the risk of becoming exposed to or infected by COVID-19 at the Rink may result from the actions, inactions and/or omissions of yourself and/or others.
RELEASE OF LIABILITY, WAIVER OR CLAIMS AND INDEMNITY
I expressly agree as follows:
I am in good health and am physically and mentally capable of participating in all of the Game Lounge Activities in which I intend to participate;
To observe and comply with all rules and warnings, both general and activity-specific, which may be posted within the Game Lounge or which may be made visually, orally or demonstrated by the Releasees;
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees, and TO RELEASE the Releasees from any and all liability for any loss, damage expense or injury, including death, that I may suffer, or that my next of kin may suffer resulting from my presence at the Game Lounge or my participation in any of the Game Lounge Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OF OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, c.0.2, as may be amended from time to time, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE; TO HOLD HARMLESS AND INDEMNIFY THE RELEASSEES from any and all claims, demands, or causes of action, which are in any way connected with my presence at the Game Lounge or my participation in the Game Lounge Activities, including any such claims which allege negligent acts or omissions of the Releasees;
I am liable for any damage that I, or any member of my group or party, may cause to any property situated on or at the Game Lounge, and agree that the Releasees may add a surcharge to my account or charge my credit card, within 48 hours of my participation in the Game Lounge Activities for the value of any such loss or damage.
In the event of my death or incapacity, this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives; and
In entering in the Agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the Game Lounge or participating in the Game Lounge Activities, other than as expressly set forth herein.
CONSENT TO USE OF IMAGE AND LIKENESS
I acknowledge that the Releasees may take photographs and/or video recordings of me while I am present at the Game Lounge and/or participating in the Game Lounge Activities. I hereby grant the Releasees express permission to use my name, likeness, image, voice and/or appearance, as such may be embodied in any photographs, video recordings, digital images and similar media taken or made by the Releasees. I agree that the Releasees shall have complete ownership of such media, including all copyrights, and may use same for promotional purposes, including on any websites or social media accounts maintained by the Releasees and on physical advertising or informational materials, such as brochures, pamphlets, postcards, inserts and articles. I acknowledge that I will not receive any compensation for the use of such media and hereby release the Releasees from any and all claims which arise out of or are in any way connected with such use.
CONSENT TO MEDICAL SERVICES
I understand that the Releasees, through an authorized service provider, may, in certain circumstances, make on-site medical services available to me. I consent to the provision of such series to me in the event that I am injured at the Game Lounge.
PARTICIPATION OF MINORS
If I am signing this Agreement on behalf of one or more person(s) who are under the age of 18 years (each, a “Minor”), I confirm the following:
I have entered the full legal name and date of birth of each Minor;
I am the parent or legal guardian of each Minor, or otherwise have legal authority to enter into the Agreement on behalf of each Minor, and hereby accept all of the terms and conditions contained in this Agreement on behalf of each Minor;
I have assessed the risks and dangers associated with the Game Lounge and the Game Lounge Activities, having regard to the specific abilities and circumstance of each Minor, and I voluntarily consent to each Minor participating in the Activities, despite such risks and dangers; and
If any Minor is injured while participating in the Game Lounge Activities, I accept all responsibility and liability for any such injuries and agree to defend, indemnify and hold harmless the Releasees from any and all claims or suits for personal injury, property damage and otherwise which are brought by or on behalf of the Minor, and which are in any way connected with the Minor’s presence at the Game Lounge or participation in the Game Lounge Activities.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE AGREEMENT AND I AGREE TO BE BOUND BY ITS TERMS.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
This Agreement shall remain in full force and effect for a period of 1 year from the date of execution and shall apply to all admissions to the Game Lounge which occur during such period.
If, for any reason, any portion of this Agreement is found to be void, unenforceable, or inapplicable, the remaining portions shall remain in full force and effect.
This Agreement represent the entire agreement among the parties with respect to the subject matter hereof and there are no ancillary representations, warranties, covenants, agreements or provisions.
This Agreement may be executed by electronic means.
YOU MUST ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT PRIOR TO PARTICIPATION IN THE GAME LOUNGE ACTIVITIES.
As Consideration for being allowed to enter the Game Lounge to participate in any program and/or party at the Game Lounge the undersigned, on his or her behalf, and on the behalf of the Participant(s) identified below, acknowledges, appreciates, understands, and agrees to the following:
1. I represent that I am the parent or legal guardian of the Participant(s) named below or I have obtained permission from the parent/legal guardian of the Participant(s) named below to execute this agreement on their behalf.
2. I acknowledge and understand that should I drop off my child/children at a party, the host parent must take responsibility for my child/children. I understand that the Game Lounge staff does not provide a sitting service and is not responsible for their safe participation.
3. I acknowledge and understand that all children ages 12 and under must be accompanied by a responsible adult. I understand that the Game Lounge staff does not provide a sitting service and is not responsible for their safe participation.
4. I, for myself and the Participant(s) named, willingly assume the risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS which I also willingly assume. The Game Lounge is not responsible for the loss, damage or theft of personal property of any guest. In addition, I agree to pay for all damages to the facility caused by my or my family’s negligent, reckless or willful actions.
5. I agree that the Participant(s) named, and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any event or open gaming at the Game Lounge. At its sole discretion, the Game Lounge reserves the right to remove any patron, guest or invitee from the premises if said person’s behavior, language, dress or deportment is deemed inappropriate.
6. I, for myself, the Participant(s) named, our heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the independent owners of the Game Lounge, SV Building 6 Development, LLC their predecessors, parent, subsidiaries and affiliates, officers, and employees from any and all injuries, liabilities or damages from participation, except for those arising from the gross negligence or willful misconduct of the Game Lounge.
7. I additionally agree to indemnify the independent owners of the Game Lounge, SV Building 6 Development, LLC, their predecessors, parent, subsidiaries and affiliates, officers, and employees from any and all defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation, except for those arising from the gross negligence or willful misconduct of the Game Lounge.
8. I understand that the Game Lounge is not a food-allergen free facility and by letting my child participate, I assume any inherent risk associated with food allergies.
9. I am of physical ability to participate and am legally competent to understand and complete this agreement. I hereby execute this agreement without coercion.
10. I understand that entry, by myself and the participant(s) named, constitutes consent for the Game Lounge to use any film, video, or likeness of participants for any purpose whatsoever, without payment to the participant.
11. Participant(s) agree to consult their doctor before using the Game Lounge if participant(s) have pre-existing serious medical conditions (such as a heart ailment or if they suffer from seizures), conditions that affect your ability to safely perform physical activities, psychiatric conditions (such as anxiety disorders or post-traumatic stress disorder), or if you are pregnant or elderly. Do not use the product if you are sick, fatigued, under the influence of intoxicants/drugs, or not feeling generally well, as it may exacerbate participant(s) condition.
12. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
13. I additionally agree that if I misrepresent my contact information, or knowingly supply incorrect information that I still assume all risks listed in this waiver for myself and any minor I represent.
By signing this waiver, I further acknowledge and accept the terms and conditions of this waiver, release, hold harmless and indemnification agreement as detailed above for any and all future visits during the next thirty six (36) month period.