The Underground Arcade

 

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RELEASE AND WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT

 

  1. In consideration for being permitted to participate in the activities and use the equipment offered by Parents by Choice at The Underground Arcade, I hereby release, waive, and discharge Parents by Choice, its parents, subsidiaries, or other affiliates, officers, agents, or employees (“Releasees”) from any and all liability, claims, demands, actions, and causes of action of any kind or nature arising out of or related to any loss, damage, or injury, including death, that I or any of my property may sustain resulting from, or in any way connected with, my participation in the activities and use of the equipment offered by Releasees, including my travel to and from the The Underground Arcade, regardless of whether such loss is caused by the negligence of the Releasees and regardless of whether such liability arises in tort, contract, or otherwise. I hereby covenant not to sue the Releasees based on the same.
  2. I understand that participation in the activities and use of the equipment offered by Releasees involves an inherent risk of personal injury and even death. I hereby elect to voluntarily participate in the activities and voluntarily use the equipment offered by Releasees, knowing that my participation in the activities and use of the equipment may be hazardous to me and my property. I understand that Releasees do not require me to participate in the activities or use the equipment offered by Releasees.
  3. I understand and agree that no guests or visitors are authorized to participate in the activities or use the equipment offered by Releasees without Releasees’ prior written authorization.
  4. I understand that Releasees do not provide supervision, instruction, or assistance related to participation in the activities or use of the equipment offered by Releasees.
  5. I assume full responsibility for any risks of loss, property damage, or personal injury, including death, that I or my property may sustain resulting from, or in any way connected with, my participation in the activities and use of the equipment offered by Releasees, including my travel to and from the The Underground Arcade, whether caused by the negligence of Releasees or otherwise, including as a result of loss, theft, damage, or negligent rescue operations.
  6. I hereby acknowledge that I know of no medical reason why I should not participate in the activities or use the equipment offered by Releasees. I further acknowledge that I am suffering under no disabilities, impairments, medical conditions, or previous injuries that would prevent my safe participation in the activities or safe use of the equipment offered by Releasees, or potentially lead to my injury or the injury of another participant.
  7. In the event of an emergency, I authorize Releasees to secure from any licensed hospital, physician, or medical personnel any treatment deemed necessary for my immediate care. I agree that I will be responsible for payment of any and all medical services rendered.
  8. I hereby covenant and agree to indemnify and hold harmless the Releasees from any loss, liability, damage, or costs, including attorneys' fees and court costs, they may incur arising out of or related to my participation in the activities or use of the equipment offered by Releasees, whether caused by the negligence of the Releasees or otherwise, including as a result of loss, theft, damage, or negligent rescue operations.
  9. It is my express intent that this Release and Waiver of Liability and Indemnification Agreement (“Release”) bind my family members, spouse, heirs, assigns, personal representatives, and anyone else entitled to act on my behalf to the extent they act on my behalf, and is deemed as a release, waiver, discharge, and covenant not to sue the Releasees.
  10. This Release is a legally binding contract that is intended to provide a comprehensive release of liability. This Release is not intended to assert any claims or defenses that are prohibited by law.
  11. I understand that I may later discover claims or facts that may be different than, or in addition to, those which I now know or believe to exist with regards to the subject matter of this Release, and which, if known at the time of signing this Release, may have materially affected this Release or my decision to enter into it. Nevertheless, I hereby waive any right or claim that might arise as a result of such different or additional claims or facts.

     

    I HAVE BEEN MADE AWARE OF, AND UNDERSTAND, THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 AND HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHTS, BENEFITS AND PROTECTIONS OF THAT STATUTE, WHICH PROVIDES:

     

    A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

     

  12. I further covenant and agree that this Release shall be construed in accordance with the laws of the State of California and that any mediation, suit, or other proceeding relating to this Release and any activities covered hereby must be filed or entered into only in California and the federal or state courts of California. Any portion of this Release deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the Release as a whole to the full extent authorized by law.
  13. I have read and fully understand this Release as set forth above and understand that I have given up substantial rights by signing it. I certify that I have reached the age of majority and have signed this Release under my own free will.
  14. I understand that my signed waiver may be retained in my customer file.

 

***Players must be 5 years of age or older to participate/play in the Nerf Zone at The Underground Arcade***

 


Signee Information

By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.