ASSUMPTION OF RISK AND RELEASE FROM LIABILITY AND MEDIA RELEASE AGREEMENT
PLEASE READ CAREFULLY AND FILL OUT COMPLETELY. IF YOU ARE UNDER THE AGE OF 18, A PARENT OR LEGAL GUARDIAN MUST SIGN IN FRONT OF AN EMPLOYEE.
THIS IS A LEGAL DOCUMENT. By signing it, you are agreeing that you will not be able to recover damages from the Released Parties for injuries you sustain while participating in any activities at the Monroe Midway (each an “Activity”), including but not limited to the Arctic Slide, Bumper Cars, Fire Pits, Hockey Golf, and/or any other hosted or non-hosted organized activity at Monroe Street Midway. If you have any questions about the legal consequences of this Agreement, please obtain advice from your lawyer prior to signing. This Agreement must be signed before you participate in any activity at Monroe Street Midway. You agree not to sue the Released Parties for any claims you may have.
This Assumption of Risk and Release from Liability and Media Release Agreement (this “Agreement”) is executed by the undersigned participant ("Participant") in favor of the Released Parties with respect to participation in the Activity at Monroe Street Midway. As used herein, “Released Parties” means Bedrock Management Services LLC, Bedrock Special Projects LLC, Monroe Phase I LLC, Monroe Phase II LLC, Come Play Detroit Sports LLC, RollerCade LLC, Perfect Parties USA, LLC, ARM MI LLC, Gilbert Family Foundation, and each of the foregoing’s related entities and affiliates, together with their respective owners, officers, directors, employees, attorneys, agents, licensees, sponsors, and vendors, together with their successors and assigns. As used herein, “Participant” includes, and this Agreement is executed by Participant on behalf, Participant’s spouse, personal representatives, assigns, heirs, next of kin, family, relatives, executors, trustees, conservators, administrators, agents, and guardians.
In consideration in Participant’s use of Monroe Street Midway, including participating in the Activity, Participant agrees as follows:
1. Participant forever releases, waives, discharges and covenants not to sue the Released Parties from any and all liability to Participant for any and all loss or damage, and any claim or demands due to any injury sustained by Participant or Participant's property while Participant is engaged in the Activity, or any other activities on the premises of Monroe Street Midway, and whether caused by the negligence of the Released Parties or otherwise. As a condition to Participant's participation in the Activity, Participant shall, at all times, use their own appropriate safety equipment while engaged in the Activity.
2. The Participant shall forever indemnify, defend, and hold harmless the Released Parties from any and all loss, liability, damage, costs, or expenses of any kind which arise in connection with Participants’ use of Monroe Street Midway and/or participation in the Activity, whether caused by the negligence of the Released Parties or otherwise.
3. Participant acknowledges, understands, and assumes all risks, known and unknown, associated with participation in the Activity and/or Participant's use of Monroe Street Midway, and Participant will not hold the Released Parties responsible for any injuries or damages resulting from Participant's participation in the Activity, wherever or however they occur.
4. It is the responsibility of Participant to carry full and complete insurance coverage for personal bodily injury and personal property damage to Participant and any other individuals who may be injured resulting from the Activity (or, in its absence, agree to pay all costs of rescue and/or medical services that may be incurred on behalf of the Participant). Participant hereby authorizes any medical treatment deemed necessary in the event of any injury while participating in the Activity. This consent shall not impose any obligation to provide such medical attention, and Participant understands that such persons may not be trained medical personnel.
5. Participant understands and accepts that use of the Arctic slide, hockey golf, bumper cars, and tending to fires are potentially hazardous activities and have many dangers and risks, which include, but are not limited to, serious bodily injury, disability, paralysis, or death. Participant understands that some or all of the Activities come with some level of inherent risk and may have potentially hazardous or dangerous effects on Participant, including but not limited to incidents of bodily harm (including allergic reactions and injury necessitating medical care) and or damage to personal property. Participant has full knowledge of these risks, and hereby agrees to freely and expressly assume and accept any and all risks of injury, and any risks or dangers not known, or which are not reasonably foreseeable. Participant agrees not to hold the Released Parties responsible for any injuries or damages resulting from participation in the Activity and/or Participant's use of Monroe Street Midway, wherever, whenever, or however they occur.
6. Participant expressly agrees to comply with all posted rules and regulations as displayed at Monroe Street Midway.
7. Participant expressly acknowledges and agrees that the Released Parties cannot prevent Participant from being exposed to, contracting, or spreading COVID-19 while engaging in the Activity or being present at Monroe Street Midway. Therefore, by choosing to engage in the Activity and/or be present at Monroe Street Midway, Participant expressly acknowledges that he or she may be exposing himself or herself to and/or increasing the risk of contracting or spreading COVID-19. Participant has read and understands the above warning concerning COVID-19 and chooses to accept the risk of contracting COVID-19 and assumes the obligation to comply with all posted rules and regulations regarding COVID-19. Engaging in the Activity and/or being present at Monroe Street Midway is of such value to Participant that Participant accepts the risk of being exposed to, contracting, and/or spreading COVID-19 in order to engage in the Activity and be present at Monroe Street Midway in person.
8. Participant agrees to engage in the Activity within his or her own abilities and be aware of and courteous to others around them. Participant represents that he or she is physically fit and adequately trained to safely participate in the physically demanding Activity, and that he or she does not suffer from any injury, defect, ailment, illness, or the like which could conceivably lead to injury or death from participation in the Activity.
9. Participant grants to Bedrock Management Services LLC and its direct or indirect related entities and affiliates and their respective successors and assigns (individually and collectively, “Bedrock”) the irrevocable right to all now and hereafter existing common law, statutory and moral rights throughout the world in and to Participant’s image, likeness, name and voice, as well as all materials created in connection therewith, including all photographs, video footage and audio clips of Participant produced or caused to be produced by Bedrock in connection with Participant’s participation in the Activity and being present at Monroe Street Midway (collectively, “Likeness”) and in and to the results and proceeds thereof, including, without limitation, the perpetual and unlimited right to reproduce (by electrical transcription, tape or other recording process whether now known or hereafter developed) Likeness, and the complete and unencumbered right throughout the world, to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, edit modify, copyright, and use Participant’s Likeness for any purpose, in any manner, by any means and in any medium, whether now known or hereafter developed, all or any part or parts of the matter and things referred to in this paragraph. Participant hereby acknowledges that Participant shall not have or claim to have any right, title or interest in or to the photographs or other material produced hereunder. Participant waives any right Participant may have to royalties or any other compensation arising from or related to the use of Participant’s Likeness.
10. Participant agrees that information provided in this Agreement will be used consistent with Bedrock’s privacy policy, available at bedrockdetroit.com/privacy-policy, including for internal operations and marketing purposes.
11. Participant agrees that any dispute arising from or relating to relating to participation in Activity shall be resolved under Michigan law exclusively in the federal and state courts of Michigan.
12. Released Parties shall not be liable for the loss or theft of, or damage to, the personal property of any participant, member, guest, or patron, including Participant.
13. Released Parties undertake no direct legal or financial responsibility for Participant's personal safety or wellbeing while participating in the Activity.
14. In the event that any provision contained within this Agreement shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this Agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.
15. Participant agrees that this Agreement is not revocable and accordingly acknowledges and agrees that this Agreement cannot be terminated, canceled or revoked for any reason.
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THE ENTIRETY OF THIS AGREEMENT, AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, INCLUDING FOR NEGLIGENCE, AS IT RELATES TO MY PARTICIPATION IN THE ACTIVTY AND/OR USE OF MONROE STREET MIDWAY. I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY RELEASED PARTY FOR ANY LOSS OR DAMAGES THAT I MAY SUSTAIN.
I, the undersigned Participant, affirm that I am of the age of 18 years or older, and that I am freely signing this Agreement of my own free will and volition.
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Participant Signature Date
I, the undersigned, do hereby certify that I am the parent/legal guardian of ________________________________________. I do hereby give my consent to allow him or her to participate in the Activity. I expressly agree to be bound by the terms, conditions, and limitations set forth in this Agreement. I am signing of my own free will and volition.
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Parent/Legal Guardian Signature Date