WAIVER OF LIABILITY
In consideration of being permitted to engage in the following activity -Tactical Laser Tag games and Airsoft Games which may include, but is not limited to, crouching, kneeling, crawling, and lifting (hereinafter referred to as the “Activity”) coordinated by The Colosseum Inc. - which I acknowledge is unsupervised, I acknowledge and agree to the following WAIVER OF LIABILITY, INDEMNIFICATION AGREEMENT, AND RELEASE OF PHOTO RIGHTS, on my own behalf, or on behalf of my dependent(s) and on behalf of my personal representatives, heirs, assigns, executors, administrators and next of kin, as follows:
I am aware and acknowledge that injury or death may result from my participation in the Activity and from the use of the premises and facilities where the Activity is located or is to occur, or if premises and facilities are not an applicable description, the general area where the Activity is to occur, and the use of any machinery, equipment or apparatus located therein or thereon (collectively the “Activity Premises”).
I, the undersigned, wish to play or for my dependent(s) to play Tactical Laser Tag and Airsoft at The Colosseum Inc., I recognize and understand that participating in the Activity involves certain risks. Those risks include, but are not limited to, the risk of injury resulting from possible malfunction of the equipment used in the Game, negligence of employee or management and injuries from tripping, falling over, falling onto or into obstacles in the Activity Premises. These objects may be rough, jagged or unfinished surfaces. In addition, I recognize that the exertion of playing the game could result in injury or death. Playing Tactical Laser Tag outdoors involves certain environmental, weather, nature based and pests based (such as, but not limited to: bee stings, mosquito and tick bite) risks. In addition, the Activity Premises has a dirt floor (outside) which can be uneven or contain some stones which could result in a tripping hazard. The dirt floor may also become slippery when wet or dusty when dry. I recognize that these risks could result in injury, medical conditions or death.
Despite these and other risks, and fully understanding such risks, I wish to participate or for my dependent(s) to participate in the Activity and hereby assume the risks of participating in the Activity. I also hereby hold harmless The Colosseum Inc. and indemnify them against any or all claims, actions, suits, procedures, costs, expenses (including attorney’s fees and expenses), damages and liabilities arising out of, connected with, or resulting from my participation in the Activity, including without limitation, those resulting from the manufacture, selection, delivery, possession, use or operation of such equipment. I hereby release the Colosseum Inc. from any and all such liability, and I understand that this release shall be binding upon my estate, my heirs, my representatives, my dependents and assigns. I hereby certify that I or my dependent(s) are in good health, are an appropriate age to participate in the Activity, and do not suffer from a heart condition or other ailment which could be exacerbated by the exertion involved in playing the Activity.
Upon entering the Activity Premises, I will inspect the same and my observation and my engagement, participation and/or involvement in the Activity shall constitute an acknowledgment that I find and accept them to be safe and reasonably suited for their intended purpose.
I have no physical or mental illness that precludes my participation in a safe manner for myself or others. I am not under the influence of drugs or alcohol which impairs my ability to maintain my safety awareness or endangers others.
I further certify that I am 18 years of age or older.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of participating in the “Game”, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE COLOSSEUM INC. their directors, officers, employees, agents and representatives (all of whom are hereinafter collectively referred to as “the Releasees”);
I hereby release the RELEASEES from and against any and all liability for any loss, damage, injury, expense, demand or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise, which may arise as a result of my presence in, upon or about the Activity Premises or my use of the Activity Premises or due to any cause whatsoever, INCLUDING NEGLIGENCE OF THE PART OF THE RELEASEES;
I will indemnify and hold harmless the RELEASEES, collectively and individually, from any and all losses, liabilities, damages, demands, costs, causes of action and expenses that they may incur, for any reason whatsoever, which may arise as a result of my participation in the Activity, and my presence in, upon or about the Activity Premises.
I acknowledge and agree that this Accident Waiver and Release of Liability Form will be used by the organizers of the activity in which I may participate and that it will govern my actions and responsibilities at said activity. I agree that all staff or authorized agents may, in their sole discretion, determine it is unsafe for myself or others for my participation to continue, remove me from the premises by any lawful means.
I agree to INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this Waiver from any and all liabilities or claims made as a result of my participation in this Activity including but not limited to, my own negligence and/or intentional acts.
I acknowledge and agree that the Releasees directors, officers, employees, volunteers, representatives, and agents are NOT legally responsible for the errors, omissions, acts, or failures to act of any other party or entity whether conducting a specific activity on their behalf or not due to this agreement.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity. In the event that I should require medical care or treatment, I agree to be financially responsible for all costs incurred as a result of such treatment. I am aware and understand that I should carry my own insurance.
That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death.
PHOTO RELEASE
I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose that Releasees decides, and assigns.
RULES, REGULATIONS AND POLICIES OF THE COLOSSEUM INC. BY SIGNING THIS DOCUMENT, YOU AND/OR YOUR DEPENDENT(S) AGREE TO COMPLY WITH ALL RULES, REGULATIONS AND POLICIES OF THE COLOSSEUM INC.
I, or my dependent(s), agree to follow the Activity Rules while participating in the Activity:
a. To always follow the Game Coach's directions;
b. To never climb;
c. To never use excessive force towards other people, the equipment, or the arena;
d. To never take off the Headband while in the arena;
e. To never grab another participant’s gun during Game play.
f. To stay within the gaming area during the Game play.
g. Not to move or alter any object, obstacles, barriers or equipment.
h. Not to stick my gun in someone’s face.
i. not to charge at another participant.
J. Point my weapon towards the ceiling and fire. Players caught doing this will be removed from the arena.
K. Any player that hits a sprinkler head will be responsible for all costs associated with repairing the head including the cost to turn on and off the water.
In the event that any damages to equipment or facilities occur as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with the repair of such damages.
I hereby agree to compensate THE COLOSSUM INC. within 14 days in full for any and all broken, damaged or unreturned equipment; as a result of my or my dependent(s) actions.
I acknowledge that I or my dependent(s) must be 7 years of age or older to participate in the Activity. I understand that I or my dependent(s) must be able to hold, carry and operate the tagger during the Activity without assistance.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT ELECTRONICALLY I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
Each party hereby irrevocably waives its rights to trial by jury in any actions or proceeding arising out of this agreement or the transactions relating to its subject matter.
The Parties agree that this WAIVER OF LIABILITY, INDEMNIFICATION AGREEMENT, AND RELEASE OF PHOTO RIGHTS shall be construed broadly to provide the maximum Waiver, Indemnification, and Release permissible under applicable law.
