·READ BEFORE SIGNING·
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“AGREEMENT”)
I accept full responsibility for any damage to Area 53 LLC premises, facilities, and/or equipment caused by me, including and not limited to LIGHT FIXTURES, SPRINKLERS SYSTEM, FIRE EXTINGUISHERS, RENTAL GEAR etc.
Initial Here
In consideration of participating in the ACTIVITY OF AREA 53 LLC, hereafter referred to as "Activity" this includes but not limited to ACTIVITY OF LASER TAG / PAINTBALL / AIRSOFT/ WATER SPORTS/ ROPES COURSE, LAZER MAZE, ROLLER SKATING/ NINJA COURSE/ SLIDES/ ZIP LINE/ ROCK CLIMBING ETC. also to include activities within the City of New York, and the Bronx. I represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition, to participate in such Activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participating in the Activity.
I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware of the risks associated with travelling to and from as well as participating in the activity, which includes, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the activity locations. Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this activity, including travel to, from and during this activity.
No cancellations allowed, no refunds, all sales and services are final, the full amount is due for no-show and cancellation.
Area 53 will not provide any refund.
All requests for store credit must fill out and sign a complaint log on-site and contact customer service at info@area53nyc.com
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my families willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
I hereby release, discharge, and covenant not to sue AREA 53 LLC, its respective administrators, directors, agents, officers, volunteers, associates and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of the premises on which the Activity takes place, (each considered one of the “RELEASEES” 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 of the “Releasees” or otherwise, including negligent rescue operations; and I further agree that if, despite the release, waiver of 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.
I accept that I will obey to all the activity rules and regulations that are set out in a written or verbal way by Area 53 LLC and it's representatives.
I accept full responsibility for any damage to Area 53 premises, facilities, and/or equipment caused by me.
I hereby grant Area 53 permission to use my likeness in photography, video, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of Area53 Laser Tag, LLC, and will not be returned.
Assumption of Risk
Participant is fully aware that the presence, observation, engagement, involvement or participation in the Event/Activity will expose Participant to a variety of hazards, dangers and risks known or unknown, foreseen or unforeseen which are inherent in the Event/Activity and cannot be eliminated without destroying, impairing or otherwise substantially affecting the unique and special character, element, plan, qualities and/or purpose of the Event/Activity. Participant acknowledges and agrees that he or she is freely, knowingly and voluntarily entering Area 53 and observing, engaging, getting involved or participating in the Event/Activity of his or her own free will and volition with full knowledge and understanding of these hazards, dangers, and risks, and Participant acknowledges that Participant is assuming and accepting all such hazards, dangers and risks or serious or other bodily injury, sickness, disability, paralysis, infectious or contagious diseases or other illnesses from viruses, bacteria or other organisms (such as influenza and Covid-19), severe economic and social losses, death, loss or damage to property, and any all related losses, damages and other legal or economic consequences in connection with, resulting from or arising out of the Event/Activity, and full personal responsibility and security therefor, whether caused by or attributable to the acts or omissions of Participant, or any acts or omissions (including actual or alleged negligence) of Area 53 or any of the other Releasees (as defined below), or any third party, or any accidents, malfunctions of defects in equipment, machinery or devices, weather conditions forces of nature or other causes, and whether or not known, anticipated or foreseeable (collectively, and including the risks for each Event/Activity listed below, “Risks”). Participant herby elects to enter Area 53, observe, and engage or participate in or otherwise be involved in, the Event/Activity subject to and in spite of the Risks and expressly assumes all Risks in their entirety and full personal responsibility and security therefor.
PARTICIPANT HAS CAREFULLY READ THIS RELEASE IN ITS ENTIRETY AND FULLY UNDERSTANDS ITS CONTENTS AND ITS MEANING AND ALL LEGAL ECONOMIC AND OTHER CONSEQUENCES THEREOF. PARTICIPANT IS FULLY AWARE THAT THIS IS A RELEASE AND WAIVER OF SUBSTANTIAL RIGHTS OF PARTICIPANT AND LIABILITIES OF AREA53 AND OTHER RELEASEES (INCLUDING LIABILITY FOR NEGLIGENT ACTS OR OMISSIONS), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND PARTICIPANT HAS SIGNED IT VOLUNTARILY AND INTELLIGENTLY OF HIS/HER OWN FREE WILL AS A COMPLETE, UNEQUIVOCAL AN UNCONDITIONAL ACCEPTACE OF THE FOREGOING RELEASES AND WAIVERS AND OTHER TERMS AND PROVISIONS HEREOF AS A LEGAL, VALID AND BINDING AGREEMENT, WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE OR GUARANTEE OF ANY NATURE BY ANY PARTY.
I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, AND THE SAFETY INSTRUCTION SHEET (separate document) and understand that I have given up substantial rights by signing it and have signed it freely and without any inducement and assurance of any nature and intend it be a complete and unconditional release of any and all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be valid the balance, notwithstanding, shall continue in full force and effect.
ACKNOWLEDGEMENT
I understand and acknowledge that participation in these activities is completely voluntary. I also understand and acknowledge that participation in the above activities by their very nature, pose the potential risk of serious injury to individuals who participate in such activities including, but not limited to the following:
Sprains/ Strains Head and/or Back Injuries Fractured Bones Paralysis
Cuts/ Abrasions Loss of Eyesight Unconsciousness Death
HOLD HARMLESS AGREEMENT
I UNDERSTAND, ACKNOWLEDGE AND AGREE TO HOLD HARMLESS AREA 53 OWNERS, LANDLORDS, AGENTS AND EMPLOYEES INDIVIDUALLY AND COLLECTIVELY, FROM ANY AND ALL COSTS, LOSSES, CLAIMS, DEMANDS, SUITS, ACTIONS, PAYMENTS AND JUDGEMENT, INCLUDING LEGAL AND ATTORNEY FEES, ARISING FROM PERSONAL OR BODILY INJURIES, PROPERTY DAMAGE OR OTHERWISE, HOWEVER CAUSED, BROUGHT OR RECOVERED AGAINST ANY OF THE ABOVE THAT MAY ARISE FOR ANY REASON FROM OR DURING OR BE ALLEGED TO BE CAUSED BY THE ABOVE INDIVIDUAL PARTICIPATION IN THE ABOVE ACTIVITIES.
Immunity: All persons making the field trip or excursion shall be deemed to have waived all claims against the Owner, Officers, Agents, Employees Individually and Collectively and Landlords for the injury, accident, illness, or death occurring during or by reason of the field trip or excursion; and shall sign a statement waiving such claims.
Release: I agree, on behalf of myself and my child whose name is set forth on this form, to release, discharge, hold harmless and indemnify the Owners, Landlords, Officers, Employees and Agents from all liability or claims, which may arise out of or in connection with my child’s participation in this field trip or excursion.
I acknowledge that I have carefully read this Permission/Hold Harmless form and that I understand and agree to its terms.
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 Releasees 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 Releasees 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 Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any Release may incur as the result of any such claim.
I accept full responsibility for any damage to Area 53 premises, facilities, and/or equipment caused by any minor I am responsible for.
I have read and agree to the terms presented in the Terms and Conditions agreement. By signing, I certify all information is true and correct to the best of my knowledge.