General Consent, Release and Waiver

As valid consideration for: (i) entry into the premises of any Controller location (the “Premises”) by me and/or my minor child; (ii) participation by me and/or my minor child in activities and classes offered on the Premises (“STEM/Entertainment Services”); and (iii) my and/or my minor child’s use of the supplies, systems, and equipment located on the Premises and other services offered, I agree as follows on behalf of myself and my minor child:

1. I understand that the programs and activities offered at and by Controller may involve risks of injury and illness including but not limited to cuts, falls, burns, allergic reactions and other risks associated with STEM, Parties, BYOB Events, and Video Gaming Activities (collectively “Activities”). I am fully aware of the risks and on behalf of myself and my minor child. I assume the risks and hazards incident to such participation. I understand that I am responsible for determining and disclosing whether I and/or my minor child have any allergies or medical conditions (as applicable) which could be triggered by the activities associated with STEM, Parties, and Video Gaming. I understand that Controller, any of their owners, employees or contractors (collectively “Controller”) assume no duty to me or my minor child regarding our medical ability to participate in any the activities associated with STEM, Parties, and Video Gaming.

I agree to assume the full risk of any injuries or associated damages or loss which I and/or my minor child may sustain in participating in the Activities at, Controller. I agree that I will not and that I will instruct my minor child not to utilize any equipment on the Premises unless and until the proper use of the equipment has been explained and is understood. I understand that such equipment must be operated in strict accordance with instructions. In the event of any emergency, I authorize Controller to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for my or my minor child’s immediate care and agree that I will be responsible for the payment of any and all medical services rendered.

2. I, for myself, my spouse, my minor child, and on behalf of any of our heirs, executors and administrators, forever release and discharge Controller, and any of their employees, contractors, past, present and future directors, principals, owners, subsidiaries, divisions, affiliates, agents, and officers, collectively (the “Released Parties”), of and from any and all liabilities, claims, demands and causes of actions (including reasonable attorney’s fees and costs) based upon personal injuries or illness (including death), damages or loss to me and/or my minor child, as well as property damage (i) arising out of or relating to participation, whether passively or actively in any Activity on the Premises, including but not limited to use of any equipment; or (ii) occurring on the Premises, including but not limited to my and/or my minor child’s use of any restroom area, common area, associated sidewalks and parking areas. I agree not to bring any suits, claims, causes of action, demands or legal actions against the Released Parties. The release contained herein will be construed to apply to the greatest extent permitted by law and, if permitted by law, will apply even if any such injury or damage is caused in whole or in part by the Released Parties’ own negligence or the negligence or willful conduct of any other patron who is on the Premises or who is participating in any of the Activities. I, for myself, my spouse, my minor child and on behalf of our heirs, executors and administrators, agree to indemnify and hold harmless the Released Parties, against all actions, claims, demands, judgments, executions, debts, costs of litigation and attorney fees of every kind and nature whatsoever, which may in any way arise out of or result from my and/or minor child’s acts or omission on the Premises. The indemnity contained in this paragraph will apply even if any such injury or damage is caused, in part, by the Released Parties’ own negligence.

3. I agree to pay for all damages to the facilities of Controller caused by my or my child’s negligent, reckless, or willful conduct.

4. I agree to observe and obey the behavior policy and all other posted rules and warnings, and to follow any oral instructions or directions given by Controller or its employees, representatives or agents.

5. I understand that by participating in any Activity at Controller, I am allowing myself and/or my minor child to be filmed and photographed for marketing purposes. Activities may be filmed or photographed without prior notice and used for promotional purposes on the website, social media, print or television ads, in the STEM, Gaming, and party room, and anywhere else necessary. I agree that no compensation will be given for the use of this media. If I do not wish photographs or videos of myself and/or my child to be taken, I will notify Controller in writing prior to the commencement of the Activities.

6. In the event any provision of this Consent, Release and Waiver is found to be legally invalid or unenforceable for any reason, all remaining provisions will remain in full force and effect. In the event any provision of this document is found by a court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid or unenforceable as written, such court(s) may exercise its discretion in reforming such provision(s) to the extent necessary to make it reasonable and enforceable.

7. Subject to Section 9, if a dispute arises under this Consent, Release and Waiver, the parties agree that all disputes, controversies, or claims shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be filed with the American Arbitration Association in accordance with its Consumer Arbitration Rules. It is understood that any such arbitration will be final and binding and that by agreeing to arbitration, the parties are waiving their respective rights to seek remedies in court, including the right to a jury trial. The parties waive, to the fullest extent permitted by law, any right they may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Consent, Release and Waiver, whether based in contract, tort, statute (including any federal or state statute, law, ordinance or regulation), or any other legal theory. It is expressly understood and agreed that: a party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. Questions regarding the enforceability and scope of this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act. Otherwise, the terms of this Consent, Release and Waiver shall be governed by the laws of Massachusetts. Unless otherwise agreed by the parties, any arbitration will take place in Massachusetts. It is acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees, with the costs of arbitration borne equally by the parties.

8. I understand that IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS CONSENT, RELEASE AND WAIVER (HOWEVER ARISING, INCLUDING NEGLIGENCE).

9. In the event any action for equitable relief, injunctive relief or specific performance is filed, or should any action be filed to confirm, modify or vacate any award rendered through compulsory binding arbitration, I hereby irrevocably agree that the forum for any such suit will lie with a court of competent jurisdiction in Massachusetts, and hereby agree to the personal jurisdiction and venue of such court.

10. I agree that this Consent, Release and Waiver may be assigned or transferred to, and will be binding upon and will inure to the benefit of any successor of Controller, its affiliates, and franchisees.

11. I, the undersigned, have thoroughly read this Consent, Release, and Waiver and I understand that I am giving up substantial rights on behalf of myself and/or my minor child by signing it. I understand that I have the right to have an attorney of my choosing review and advise me as to the terms and conditions of this Consent, Release, and Waiver. I am signing this Consent, Release, and Waiver knowingly, voluntarily and without any inducement. This Consent, Release, and Waiver replaces all earlier versions and constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. However, any booking agreement and any other non-conflicting documents executed contemporaneously with this Consent, Release and Waiver are to be read in conjunction with this document and are not superseded by this document. This Consent, Release and Waiver may only be modified in writing by the parties. I understand that any e-mail address or contact information provided by me to Controller, its affiliates or franchisees may be used to provide information, promotions and marketing materials.

Who will be participating?

Adult  Adult and Children  Children

Signee Information

Sign Here

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.