WAIVER OF LIABILITY, INDEMNIFICATION AGREEMENT, AND RELEASE OF PHOTO RIGHTS.
In consideration of being permitted to engage in the following activity -Laser Tag games, Recreational Axe Throwing or Attempting to escape from a locked room which may include, but is not limited to, crouching, kneeling, climbing, crawling, and lifting (hereinafter referred to as the “Activity”) coordinated by Tagtime LLC, DBA Tagtime Laser Tag 14346 Warwick blvd. Newport News, Va. 23602. Or Mission Escape Va. of 475F Wythe Creek Road. Poquoson, Va. 23662 - which I acknowledge is unsupervised, I acknowledge and agree to the following WAIVER OF LIABILITY, INDEMNIFICATION AGREEMENT, AND RELEASE OF PHOTO RIGHTS, on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors, administrators and next of kin, as follows:
1. I am aware and acknowledge that injury or death may result from my participation in the Activity and from the use of the premises and facilities where the Activity is located or is to occur, or if premises and facilities are not an applicable description, the general area where the Activity is to occur, and the use of any machinery, equipment or apparatus located therein or thereon (collectively the “Activity Premises”).
2. Upon entering the Activity Premises, I will inspect the same and my observation and my engagement, participation and/or involvement in the Activity shall constitute an acknowledgment that I find and accept them to be safe and reasonably suited for their intended purpose.
3. I hereby release Tagtime LLC, DBA Tagtime Laser Tag and Stick It, Axe Throwing. 14346 Warwick blvd. Newport News, Va. 23602. Or, DBA Mission Escape Va. of 475F Wythe Creek Road. Poquoson, Va. 23662 and (collectively, the “Releasees”) from and against any and all liability for any loss, damage, injury, expense, demand or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise, which may arise as a result of my presence in, upon or about the Activity Premises or my use of the Activity Premises.
4. I will indemnify and hold harmless the Releasees, collectively and individually, from any and all losses, liabilities, damages, demands, costs, causes of action and expenses that they may incur, for any reason whatsoever, which may arise as a result of my participation in the Activity, and my presence in, upon or about the Activity Premises.
5. I have no physical or mental illness that precludes my participation in a safe manner for myself or others. I am not under the influence of drugs or alcohol which impairs my ability to maintain my safety awareness or endangers others.
6. I acknowledge and agree that this Accident Waiver and Release of Liability Form will be used by the organizers of the activity in which I may participate and that it will govern my actions and responsibilities at said activity. I agree that all staff or authorized agents may, in their sole discretion, determine it is unsafe for myself or others for my participation to continue, remove me from the premises by any lawful means.
7. I agree to INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this Waiver from any and all liabilities or claims made as a result of my participation in this Activity including but not limited to, my own negligence and/or intentional acts.
8. I acknowledge and agree that the Releasees directors, officers, employees, volunteers, representatives, and agents are NOT legally responsible for the errors, omissions, acts, or failures to act of any other party or entity whether conducting a specific activity on their behalf or not due to this agreement.
9. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity. In the event that I should require medical care or treatment, I agree to be financially responsible for all costs incurred as a result of such treatment. I am aware and understand that I should carry my own insurance.
10. I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose that Releasees decides, and assigns.
11. In the event that any damages to equipment or facilities occur as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with the repair of such damages.
12. Each party hereby irrevocably waives its rights to trial by jury in any actions or proceeding arising out of this agreement or the transactions relating to its subject matter.
13. The Parties agree that this WAIVER OF LIABILITY, INDEMNIFICATION AGREEMENT, AND RELEASE OF PHOTO RIGHTS shall be construed broadly to provide the maximum Waiver, Indemnification, and Release permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.