Alpha-Barred Battlefield, LLC Acknowledgement of Risks, Assumption of Risks & Responsibility, and Release of Liability for Organizations and Individuals
Warning: There are elements of risk in any adventure, sports or activity associated with the indoor or outdoor use of Alpha-Barred Battlefield LLC laser tag games & equipment and activities incidental thereto (“referred to herein as activity”). Although we have taken reasonable steps to provide you with appropriate equipment and/or skilled staff, this activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the activity. For your safety, and that of other participants, we think it is important for you to know in advance what to expect and to be informed of the inherent risks.
In consideration of the services of Alpha-Barred Battlefield, LLC, its agents, owners, officers, representatives, employees, volunteers, participants (hereinafter collectively ABBLLC), I hereby agree to release and discharge ABBLLC on behalf of myself, my parents, my heirs, assigns, personal representative and estate as follows:
1. Inherent Risks: I acknowledge that any outdoor activity entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties and that the following describes some, BUT NOT ALL, of those risk(s) of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions, dehydration, oxygen shortage (anoxia), and/or exposure, head, neck, and/or spine injuries, allergic reaction, shock paralysis or death. I/We understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death caused by the negligence of the owners, employees, officers, or agents of ABBLLC, the negligence of participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes, and by participation in these activities and/or the use of equipment, I assume all risks and dangers and all responsibility for any losses and/or damages. I also understand and acknowledge that failing to properly use equipment increases risk of injury while participating in these activities.
2. Express Assumption of Risk: As lawful consideration for being allowed to participate in activities offered by ABBLLC, I expressly agree and promise on behalf of myself and any of the minors for which I am responsible, to accept and assume all the risks existing in this activity. I/We agree to assume responsibility for the risks identified herein and those risks not specifically identified. My/our participation in these activities is purely voluntary. No one is forcing me/us to participate. I verify that I am physically fit, not under the influence of alcohol or drugs at this time, and sufficiently qualified and capable to participate in these activities. Therefore, I assume full responsibility for myself/organization I present, including any minor children, for which I am responsible for bodily injury, accidents, illness, death, loss of personal property, and expenses thereof as a result of any accident which may occur. I/We elect to participate in spite of the risks.
3. Indemnity: Should ABBLLC or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree on behalf of myself and any of the minors for which I am responsible to indemnify and hold them harmless (in other words, I agree to pay for...) for all such defense fees and costs.
4. Personal Condition & Insurance: I certify that I/we have no medical, mental, or physical conditions that could interfere with my/our safety or ability to participate in these activities, or else I/we are willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I/we further certify that I/we have adequate insurance to cover any injury, damage or emergency transportation or search and rescue costs I/we may cause or suffer while participating, or else agree to bear the costs of such injury, damage, or emergency transportation costs ourselves.
5. Photographic Assignment: I grant to ABBLLC, its representatives and employees, on behalf of myself and any of the minors for which I am responsible, the right to take photographs or film (of whatsoever nature) records of any or all of its activities and participants. I/we hereby agree that ABBLLC may use such records for promotional and/or commercial purposes without any remuneration to me. I/we hereby assign all right, title and interest I/we may have in or to any and all media in which my name, image or likeness might be used by ABBLLC. I/we agree that ABBLLC may use such photographs and video for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.
6. Damage to Equipment: I/we shall exercise all necessary precautions to avoid causing damage to ABBLLC equipment and take full responsibility for the reasonable cost of repairing or replacing (to the extent that ABBLLC determines, in its reasonable judgment that repairs cannot be adequately effected) any ABBLLC equipment in our possession that has been damaged or destroyed, regardless of the cause or origin of such loss or damage (ordinary wear and tear excepted).
7. Legal Responsibility for Minor & Age Certification: I certify that I am over the age of 18 years and that I am the parent or guardian with legal responsibility for any minors listed on this document. I certify that the minors for which I am responsible have correctly provided their age and all of those minors have my consent to participate despite ABBLLCs suggested age minimum of 8 years old.
8. Release of Liability: I hereby release, discharge, and covenant not to sue Alpha-Barred Battlefield, LLC, its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and in applicable, owners and lessors or premises on which the activity takes place, (each considered one of the “RELEASES” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence or the “releases” or otherwise, included negligent rescue operations; I further agree that if, despite this release, waiver or liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the RELEASES, I will indemnify, save, and hold harmless each of the RELEASES from any loss, liability, damage, or cost which any may incur as the result of such claim.
By signing this document, I acknowledge for myself and any of the minors for which I am responsible that if anyone is hurt or property is damaged during my participation in this activity, I/we may be found by a court of law to have waived my/our right to maintain a lawsuit against ABBLLC on the basis of any claim from which I/we have released them herein.
PARENTAL CONSENT (Required for participants under the age of 18) AND 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 INDEMNIFY 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 Release may incur as the result of any such claim.