Stafford Fitness/Wellness/Battle Arena Longview: Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement

In consideration for receiving permission to participate in the participation of any sort of exercise related activity, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE STAFFORD FITNESS, LLC, the Board of Trustees of STAFFORD FITNESS LLC, or any of its and/or their officers, agents, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, and/or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on  or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS, DAMAGE AND/OR INJURY  IS CAUSED BY THE NEGLIGENCE OR CARELESSNESS OF ANY OR ALL OF THE RELEASEES, OR FROM DANGEROUS OR DEFECTIVE PROPERTY OWNED, CONTROLLED, USED  OR MAINTAINED BY THEM, OR BECAUSE OF THEIR POSSIBLE LIABILITY WITHOUT FAULT or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.  

I am fully aware of the risks and hazards connected with the activities of any form of exercise or physical activity, and I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me.  I understand that STAFFORD FITNESS, LLC,  does not require me to participate in this activity.   I voluntarily assume full responsibility for any risks of loss, property damage,  and/or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in the activities described herein, REGARDLESS OF WHETHER SUCH LOSS, DAMAGE AND/OR INJURY  IS CAUSED BY THE NEGLIGENCE OR CARELESSNESS OF ANY OR ALL OF THE RELEASEES, OR FROM DANGEROUS OR DEFECTIVE PROPERTY OWNED, CONTROLLED, USED  OR MAINTAINED BY THEM, OR BECAUSE OF THEIR POSSIBLE LIABILITY WITHOUT FAULT or otherwise, to the fullest extent allowed by law.   

I certify that I am physically fit, and capable of participating in the described activities, and have not been advised or have reason to know of any impairment which would inhibit my ability to participate in the described activities.  I certify there are no health-related reasons or problems which would preclude my participation in the described activities.

I acknowledge that this Waiver and Hold Harmless Agreement will be used by STAFFORD FITNESS, LLC, any and all organizers, sponsors, or other parties participating in the described activities and that it will govern my actions and responsibilities during such activities.  I further acknowledge and agree that I will follow any and all rules stated, posted, or otherwise made known to me by RELEASEES.

I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any and all loss, liability, damage, and/or costs, including court costs and attorneys' fees that RELEASEES may incur due to my participation in said activities, REGARDLESS OF WHETHER SUCH LOSS, DAMAGE AND/OR INJURY  IS CAUSED BY THE NEGLIGENCE OR CARELESSNESS OF ANY OR ALL OF THE RELEASEES, OR FROM DANGEROUS OR DEFECTIVE PROPERTY OWNED, CONTROLLED, USED  OR MAINTAINED BY THEM, OR BECAUSE OF THEIR POSSIBLE LIABILITY WITHOUT FAULT  or otherwise, to the fullest extent allowed by law.

It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns, and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES.  I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Texas and that any mediation, suit, or other proceedings must be filed or entered into only in Texas and the federal or state courts of Texas.   Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.

This waiver shall be construed broadly, so as to provide a release and waiver to the maximum extent permitted by law.

I also understand that no refunds of any kind will be given.  I agree to not use foul language and/or no fighting of any kind.  I understand that for any offense I may be asked to leave the facility and I will comply. I also agree that I could be permanently banned from ever coming back and this is determined by the staff member or owner depending on my misconduct.

PUTTING MY NAME ON THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made.

Parties, Nerf wars, and other activities 

Stafford Operations LLC DBA Stafford Fitness/Stafford Wellness (hereinafter referred to as “Stafford Fitness”), is an indoor/outdoor recreation center that provides guests the opportunity to play Nerf battles, and sports-related activities, and bounce house activities. While these activities are exciting, fun and provide good physical activity, these activities, like all physical activities and sport, involve some inherent risks (risks that Stafford Fitness has taken every precaution to reduce, but risks that cannot be eliminated due to the nature of the activity). 

I, the Participant/Parent, hereby acknowledge and agree that participation in Nerf games, sports activities, and bounce houses in the party area programs within Stafford Fitness has inherent risks. In consideration of the services provided by Stafford Fitness, their agents, officers, participants, employees, and all persons or entities acting in any capacity on their behalf I now agree and certify as follows: 

Nerf Wars, sports activities, and bounce houses as well as other activities provided at Stafford Fitness are considered high-impact sports. Participation in all activities provided at Stafford Fitness involves risk of serious injury which might result, not only from my own actions, inactions, or negligence, but from the actions, inactions, or negligence of others or the conditions of the premises or of any equipment used. There are several categories of inherent risks. General movement risks include, but are not limited to, slips, trips, falls, collision with other players, with obstacles, walls, and striking an object with little or no padding, and shortness of breath. Equipment risks include, but are not limited to, being struck in the eye by a nerf bullet or dart while goggles/masks are not on, being accidentally struck by a blaster, ball, bats, or other equipment, or accidentally falling on equipment. The following describes some, but not all of the risks of participation in high-impact sports, nerf wars, and bounce houses. Minor injuries are the most common and include, but are not limited to, bruises, lacerations, abrasions, muscle soreness, and headaches. Serious injuries are less common, but could still occur. They include, but are not limited to, sprains and other injuries to ankles, knees, neck, shoulder, and other joints, broken bones, eye injury, and concussion. Catastrophic injuries are very rare and include, but are not limited to, spinal injuries, permanent disabilities, paralysis, and even death.

Further, there may be other risks not known or not reasonably foreseeable at this time. The risks may include, but are not limited to: the nature of the activity, latent or apparent defects of conditions in equipment or property supplied by Stafford Fitness; acts of other participants in this activity, employees or agents of Stafford Fitness; Participant's own physical condition, acts of omissions; conditions of Stafford Fitness facility and surrounding grounds or terrain and accidents connected with their use; first aid emergency treatment or other services.

Assumption of Inherent Risks: I, the Participant/Parent, understand that the inherent risks of activities at Stafford Fitness are serious and that these activities involve risks regardless of the care taken by Stafford Fitness. I have read the previous paragraphs and I hereby expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity (or the participation of my minor child) is purely voluntary and I elect, in spite of the risks, to participate (or to allow my minor child to participate). I assume all the foregoing risks and accept personal responsibility for the damages following such injury. I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in these activities or alternatively I agree to bear the cost of such injury or damage myself. 

I further certify that I (or my participating minor child) have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. Participants must be in good physical health, free from any injury, medical condition (including pregnancy, heart condition, or seizures), disability, disease, or illness which may be aggravated by participation in the activities of Stafford Fitness.

I hereby give Stafford Fitness permission to administer basic first aid, and I authorize Stafford Fitness (or its agents or employees) to contact 911 or other emergency personnel as needed.

Indemnification: On behalf of myself, my children, my parents, my heirs, assigns, personal representatives, I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless Stafford Fitness and each of their respective directors, agents, and other employees, its parents, affiliates, employees, distributors and agents, other participants, and if applicable, operators or lessors of premises used to conduct the event/activity, from any and all liability for any and all claims, demands of causes of action which are in any way connected with my participation in this activity or my use of Stafford Fitness equipment or facilities.

Rules and Safety

I agree I will wear eye protection at all times while in the arena and not remove it under any circumstances. Participant agrees to listen to all instructions by the supervisors and to follow any instructions given. Participant agrees to abide by all posted or unposted game rules and safety rules. Participant understands that Stafford Fitness can terminate activities or require the participant to leave if they do not follow safety rules or for any reason they seem is necessary. I agree to never fire a dart blaster in any area outside of the designated arena.

Release of Image: I do hereby give Stafford, licensees, and legal representatives the irrevocable right to use photographs or video in all forms and media and in all manners, including composite, for advertising or marketing for publication or any other lawful purposes, and I waive any right to inspect or approve the finished product, including written copy, internet, etc., which may be created in connection therewith.

I hereby certify that I am at least 18 years old, or the parent or legal guardian of the participant under 18. By signing this document, I acknowledge that if anyone is hurt, or property is damaged during participation in this activity, a court of law may find me to have waived my right to maintain a lawsuit against Stafford Fitness and each of the parties listed in Paragraph 4 above on the basis of any claim from which I have released them herein.

Acknowledgment of Understanding: I, the Participant/Parent acknowledge that I have had sufficient time to read this entire document, I understand it, and I agree to be bound by its terms. I understand that I am giving up substantial rights, including my right to sue for damages in the event of death, injury or loss. I understand that I am voluntarily signing this agreement. 

PARENT CONSENT

I, the minor’s parent and /or legal guardian, understand the nature of the above-referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby release, discharge, covenant not to sue, and AGREE TO INDEMNITY AND SAVE AND HOLD HARMLESS each of the RELEASES from all liability, claims, demands, losses, or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the RELEASES or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above RELEASES, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the RELEASES from any litigation expenses, attorney fees, loss liability, damage, or cost any RELEASES many incur as the result of any such claim.