WAIVER AND RELEASE OF LIABILITY
WAIVER AND RELEASE OF LIABILITY
In consideration of Costoonz LLC dba Ready UP Game Lounge furnishing services and/or
equipment to enable me to participate in nerf gun games, I agree as follows:
I fully understand and acknowledge that; (a) risks and dangers exist in my use of nerf gun
equipment and my participation in Nerf gun activities; (b) my participation in such activities
and/or use of such equipment may result in my injury or illness including but not limited to
bodily injury, disease, strains, fractures, partial and or total paralysis, eye injury, blindness, heat
stroke, heart attack, death or other ailments that could cause serious disability; (c) these risks and
dangers may be caused by negligence of the owners, employees, officers or agents of Costoonz
LLC dba Ready Up Game Lounge the negligence of the participants, the negligence of others,
accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may
arise from foreseeable or unforeseeable causes; and (d) by my participation in these activities
and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any
losses and/or damages, whether caused in whole or in part by the negligence or other conduct of
the owners, officers, members, agents, employees, special promoters, or suppliers of Costoonz
LLC dba Ready Up Game Lounge.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to
release, waive, discharge, hold harmless, defend and indemnify Costoonz LLC dba Ready Up
Game Lounge, and it's owners, agents, officers and employees from any and all claims, actions
or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which
may arise out of my use of nerf gun equipment or my participation in nerf gun activities, I
specifically understand that I am releasing, discharging and waiving any claims or actions that I
may have presently or in the future for the negligent acts or other conduct by the owners, agents,
officers, members, employees, special promoters or suppliers of Costoonz LLC dba Ready Up
Game Lounge.
I agree to be responsible for loss, theft, or damages to any Costoonz LLC dba Ready Up Game
Lounge or Costoonz LLC dba Ready Up Game Lounge equipment.
In consideration for value received, receipt whereof is acknowledged, I hereby give Costoonz
LLC dba Ready Up Game Lounge, and their photographers the absolute right and permission to
publish, copyright and use pictures (including moving pictures) of me in which I may be
included in whole or in part, composite or retouched in character or form: If the person
photographed is under 18, I certify that I am his or her parent or legal guardian and I give my
consent without reservation to the foregoing on his or her behalf.
In consideration for value received, receipt whereof is acknowledged, I hereby give Costoonz
LLC dba Ready Up Game Lounge, a nonexclusive license to any and all photographic, film, or
video images captured, taken, or developed from the Costoonz LLC dba Ready Up Game
Lounge Park and to the use by Costoonz LLC dba Ready Up Game Lounge, of the images
without limitation.
I understand and agree that Costoonz LLC dba Ready Up Game Lounge, is not responsible for
the loss or theft of personal property.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE IT
IS MY INTENTION TO EXEMPT AND RELIEVE COSTOONZ LLC DBA READY UP
GAME LOUNGE, PAINTBALL STAFF, VOLUNTEERS, SUPPLIERS, SPECIAL
PROMOTERS, LANDOWNERS OR ANY OTHER SUCH PERSON FROM LIABILITY FOR
PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY
NEGLIGENCE OR ANY OTHER CAUSE. THIS WAIVER IS VALID FOR MULTIPLE
VISITS AND EXPIRES ONE YEAR FROM THE DATE SIGNED.
SAFETY IS YOUR RESPONSIBILITY. I AND EACH MINOR AGREE TO FOLLOW THE
CODE OF PATRON RESPONSIBILITY.
YOUR DUTIES INCLUDE BUT ARE NOT LIMITED TO:
1. acknowledging that there are inherent risks in the participation of
throwing axes and throwing knives.
2. Exercising good judgement and act in a responsible manner while
handling, using, and/or throwing axes, knives, throwing stars/
3. Obeying all oral and written warnings. Or both prior to or during
participation, or both.
4. Not participating under the influence of drugs or alcohol.
5. Safely handling equipment provided.
6. Not participating if you have an underlying health condition or pre-
existing medical condition, circulatory conditions, heart or lung
conditions, recent surgeries, back or neck conditions, knew or ankle
conditions, high blood pressure, any history of spine, musculoskeletal,
or head injuries.
7. Wearing closed toe shoes is required.
8. Avoiding bodily contact with other participants.
9. Avoiding throwing equipment at any participant or person in the target
area.
10. Retrieving any equipment in or around the target before throwing any
additional equipment at the target.
11. Handling and using equipment within your own limitations, training
and acquiring skills.
12. Improperly throwing or dropping equipment. Serious injuries can occur
if thrown or dropped.
13. Obeying all posted and stated warnings and participant instruction
signs.
14. Ensuring that all minors within your care understand and obey all
safety rules.
15. Agreeing that Costoonz LLC dba Ready Up Game Lounge employees
have the authority to end you and your minor’s participation without
refund if it presents a danger to you, the minor, or other participants.
ASSUMPTIONS OF RISK
By signing/initialing this agreement, you acknowledge, accept, and agree that the use of
and participation in any Throwing Axe / nerf gun related activities, to include break room
services, equipment, and facilities is inherently dangerous. Participation is a break room
session and related activities may place unusual stress on the body and is not
recommended for person suffering from asthma, epilepsy, cardio disorders, respiratory
disorders, hypertension, or mental illness. Women who are pregnant or suspect they are
pregnant should not engage in throwing axe / nerf gun activities. If you have consumed
alcohol or under the influence of any drugs (prescribed or unprescribed), should not engage
in any throwing axe / nerf gun activities. If you have been advised to consult with a
medical practitioner and have any concerns about your health, you should not participate in
any break room activities.
By signing/initialing this agreement, you acknowledge, accept, and agree to have received
full information regarding Costoonz LLC dba Ready Up Game Lounge services, equipment
and facilities and have had the opportunity to ask any questions that you had, prior to
accessing the service. You have full knowledge of the nature and extent of all the inherent
risks associated with throwing axes and nerf guns, equipment, and facilities used in the
arena at Costoonz LLC dba Ready Up Game Lounge. These risks may include but are not
limited to:
- Any manner of injury, including without limitation the possibility of serious injury or death,
resulting from any of the services, equipment, and facilities at Costoonz LLC dba Ready Up
Game Lounge, including without limitation, slipping/tripping on debris and hitting floor,
people, self with equipment, weapons or debris.
- Failure to wear protective gear as instructed by Costoonz LLC dba Ready Up Game
Lounge staff, could result in extensive injury.
- Injuries resulting from actions or omissions by customer.
- Cuts and abrasions resulting from skin contact with damaged items, debris, or any
other surface, person or equipment.
- Injuries resulting from shock, stress, or other medical conditions
- The aggravation or worsening of any existing medical condition.
- Failure to follow Costoonz LLC dba Ready Up Game Lounge staff instructions or failure to
ask for information or assistance.
- Any injury that may occur while moving on or about the premises for any reason, including
but not limited to slips, trips, and falls.
You acknowledge that the above list is not inclusive of all possible inherent risks associated
with the use of Costoonz LLC dba Ready Up Game Lounge services, equipment, and
facilities. You agree that such list in no way limits the extent or reach of this assumption of
risk, release, and indemnification.
RELEASE
In consideration of the use of Costoonz LLC dba Ready Up Game Lounge services,
equipment, and facilities and/or participation in any program, competition, special event,
group or party offered by or held at Costoonz LLC dba Ready Up Game Lounge. You release
and discharge Costoonz LLC dba Ready Up Game Lounge as well as its members,
managers, officers, directors, owners, employees, agents and contractors, from any and all
liabilities, suits, claims causes of actions, demands, damages (including attorneys’ fees
and expenses), losses or costs of any nature whatsoever incurred by me or that are in any
way facilities, whether supervised or not, including without limitation, all claims for
property damage, or personal injuries.
INDEMNIFICATION
By signing/initialing this agreement, you hereby agree to indemnify Costoonz LLC dba Ready
Up Game Lounge, as well as its members, managers, officers, directors, owners,
employees, agents and contractors, from any and all liabilities, suits, claims, causes of
actions, demands, damages, losses or cost of all nature whatsoever arising out of, or in any
way relating to, your use of or movement in or throughout Costoonz LLC dba Ready Up
Game Lounge services, equipment, and facilities, whether or not there are any allegations or
charges of negligent acts or omissions or the part of any other parties, including.
This agreement shall be effective and binding upon your heirs, next to kin,
executors, administrators etc., in the event of your death or incapacity. By signing this
agreement, you waive the right to bring legal action to recover damages or obtain any other
remedy for any injury to yourself or death, or any damages to your property, however
caused, arising out of your use of or movement in or throughout Costoonz LLC dba Ready Up
Game Lounge services, equipment, and facilities now or anytime in the future.
You agree to pay for any and all reasonable attorney fees and expense incurred
by Costoonz LLC dba Ready Up Game Lounge as a result of any claims and action you made
or on your behalf in contravention of this agreement.
MEDIA & COMMUNICATION CONSENT & RELEASE
By signing/initialing this agreement, you understand and agree that Costoonz LLC dba
Ready Up Game Lounge and its personnel or staff reserves the right to deny access to its
facilities to any individual, permanently or for a specified period of time, for any breach
of Costoonz LLC dba Ready Up Game Lounge policies, rules and regulations, for any
conduct that is viewed as unsafe or inappropriate, or for any other reason whatsoever,
whether disclosed or undisclosed. While using Costoonz LLC dba Ready Up Game
Lounge services, equipment, and facilities, you consent to Costoonz LLC dba Ready Up
Game Lounge capturing any forms of media containing images, including photos and
videos, and agree that any such media may be use for any and all purposes that Costoonz
LLC dba Ready Up Game Lounge deems appropriate in its sole and absolute discretion. I
consent that, Costoonz LLC dba Ready Up Game Lounge may add by email address to their
mailing list for updates and promotions.
-Without exception of compensation of other remuneration, now or in the future, you hereby
give consent to Costoonz LLC dba Ready Up Game Lounge and its affiliates and agents, to
use image(s)/video(s) and likeness and/or any interview states from me in its publication,
advertising, or other media activities (including the internet This consent includes, but is not
limited to:
-Permission to interview, film, photograph, tape or otherwise make a video reproduction of
your and/or recorded voice
-Permission to use your name and
-Permission to use quotes from the interviews(s) (or excerpts of such quotes), the
film, photograph(s), tape(s), or reproductions(s) of you, and/or recordings of your voice in
part or in whole, in this publication, in newspapers, magazines, or other printed media,
on television, radio, electronic media (including the internet), in theatrical media and/or
in mailing for advertisement and awareness.
By signing/initialing this agreement, you give consent in perpetuity and does not require
prior approval by me.
You agree that you are at least 18 years of age and legally competent to sign this
agreement. This assumption of risk, release, and indemnification shall be effective and
binding upon me and upon my assignees, heirs, representatives, executors, administrator,
etc. If you are under the age of 18, this release must be signed and filled out by a parent or
guardian.
The participation in this activity is purely voluntary and you elect to participate in spite of
the risk described herein. By signing/initialing this agreement, you certify that you have
adequate insurance to cover any injury or damages you my cause or suffer while
participating and you agree to bear the complete cost of such injury or damages. You certify
that you have not medical or physical conditions that will interfere with your ability to
participate, safely in the use of the Costoonz LLC dba Ready Up Game Lounge services,
equipment, and facilities or you are willing to assume a bear complete cost of all risk that
may be create, directly, by any such condition.
By signing/initialing this agreement, you agree that the validity and enforceability of this
release of liability and assumption of risk will be governed by the laws of the State of North
Carolina, without regard to its conflict of law rules and venue for any proceedings regarding
this agreement shale by in the state courts located in Alamance County, North
Carolina. You agree that if any portion of this agreement is found to be void or
unenforceable, the remaining portions shall be in full force and effective.
By signing/initialing this agreement, you agree that you had sufficient opportunity to read
this entire document, as well as the opportunity to ask questions about this document.
You acknowledge that if anyone is hurt or property is damaged while on premises, I may be
found by a court of law to have waived my rights to maintain a lawsuit against Costoonz LLC
dba Ready Up Game Lounge as well as its members, managers, officers, directors, owners,
employees, agents, and contractors, based on any claim from which I have release them
herein.