ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, INDEMNITY AGREEMENT (“WAIVER”):
In consideration of being allowed to enter and/or participate in any activities at TAG&TARGET (“Activities”), the undersigned acknowledges, appreciates and agrees to the following:
The Shooting Arena and equipment can be dangerous and can result in serious injury to me/my child/children. I understand the nature of Activities and represent that I am qualified, in good health, and in proper physical condition to participate in such Activities, including but not limited to running around obstacles and other players. I am not under the influence of alcohol and/or any other substances which could affect my ability to participate in such Activities. If I believe any of the Activities are unsafe, I will immediately stop participating. I understand that these Activities may involve risk of bodily injury, which may be caused by my own actions/inaction or actions/inaction of other participants. I hereby knowingly and voluntarily assume any and all such risks, including presently unknown or unforeseeable risks, and voluntarily assume all responsibility for losses/damages/pain resulting from participation in these Activities. I agree that the Participant(s) named and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in Activities.
I make this release on behalf of heirs, my executors, administrators and myself. I hereby forever release and discharge TAG&TARGET, its respective owners, heirs, shareholders, administrators, directors, agents, officers, lessors, volunteers, employees, other participants, any sponsors, and advertisers (“Releasees”) from any and all liability, claims, demands, losses, or damages, however caused, whether related to property damage, theft, and/or personal injury, and whether based on tort, intentional act, strict liability, negligence, and/or negligent rescue. I will indemnify, save and hold harmless each of the Releasees from any claim, expense, attorney’s fees, loss, liability, damage, or cost which relates to, or arises from, this Waiver, to the fullest extent permitted by law. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
I agree that any dispute or claim arising out of related to this agreement or Activities, including any dispute arising as a result of any injury incurred as a result of my or my child’s participation in the Activities, shall be resolved by arbitration before a single arbitrator selected in accordance with the commercial rules for arbitration of the American Arbitration Association in effect at the time such arbitration is initiated and subject further to the provisions of the California Arbitration Act. The question of whether this agreement is arbitrable, shall be a question solely for the arbitrator. This agreement shall be governed by, construed and interpreted in accordance with the laws of the state of California, without regard to choice of law principles. I understand that by agreeing to arbitrate any dispute I am waiving my right to maintain a lawsuit against Releasees for any and all claims covered by this agreement and the right to have my claim determined by a jury.
PARENTAL/LEGAL GUARDIAN CONSENT
NAME OF PARTICIPANTS
1) _________________________________Birth Date____________ 2) _________________________________Birth Date__________
3) _________________________________Birth Date____________ 4) _________________________________Birth Date__________
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 that Minor to be qualified to participate in such Activities. 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’s fees, loss liability, damages, or costs any Releasee may incur as a result of any such claim. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. By signing this, I understand and agree that Participant is six (6) years or older.
By signing below, I represent and warrant that I am the parent or legal guardian of the above listed child(ren) or I have obtained permission from the parent/legal guardian of the above listed children to execute this agreement on their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein.
I HAVE READ THE AUTHORIZATION AND BY SIGNING IT AGREE. IT IS MY INTENTION TO EXEMPT AND RELIEVE TAG&TARGET FROM ALL LIABILITY ARISING AS A RESULT OF THIS AUTHORIZATION.
Signature of Participant Please provide your mailing address. (optional)
Printed name/Signature of Parent/Legal Guardian Please provide an email address.
Signature of Adult/Parent/Guardian Please provide a contact phone number.