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        DART OPS, LLC LIABILITY WAIVER AND RELEASE FORM

 

BY SIGNING THIS DOCUMENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES MAY INVOLVE THE USE OF FOAM AND OTHER PROJECTILES, AS WELL AS PHYSICAL ACTIVITIES, AND MAY BE DANGEROUS OR UNPREDICTABLE IN NATURE. I ACKNOWLEDGE THE ACTIVITIES INVOLVE THE KNOWN AND UNKNOWN RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. WITHOUT LIMITING THE FOREGOING, RISKS MAY INCLUDE SERIOUS PHYSICAL INJURY, DEATH, PARALYSIS, BLINDNESS, BRUISES, HEARING OR VISION IMPAIRMENT OR LOSS, MEDICAL CONDITIONS RESULTING FROM PHYSICAL ACTIVITIES, OR OTHER AILMENTS THAT MAY CAUSE PERMANENT OR TEMPORARY DISABILITY. IN ADDITION, RISKS MAY INCLUDE EXPOSURE TO THIRD-PARTY CONTENT IN THE VIRTUAL REALITY EXPERIENCE OVER WHICH THE COMPANY HAS NO CONTROL. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. THERE IS ALSO A RISK THAT THE COMPANY OR ITS EMPLOYEES MAY BE NEGLIGENT IN, AMONG OTHER THINGS, MONITORING AND SUPERVISING THE ACTIVITIES. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE, EXCLUDING THE GROSSLY NEGLIGENT OR WANTON ACTS OF THE COMPANY. I REPRESENT AND WARRANT THAT I AM IN GOOD PHYSICAL CONDITION AND ABLE TO DO THE PHYSICAL FUNCTIONS REQUIRED TO PARTICIPATE IN THE ACTIVITIES. I AGREE THAT ANY PERSONAL FOAM DART OR BALL BLASTERS, OR OTHER PERSONAL EQUIPMENT, I BRING TO USE AT THE LOCATION WILL COMPLY WITH THE FEET PER SECOND VELOCITY LIMITS AND OTHER REQUIREMENTS SET BY THE COMPANY FOR THE TIME I'M SCHEDULED TO PLAY (TYPICAL LIMIT IS 100 FT/S, WITH THE EXCEPTION OF TIME PERIODS THAT CATER TO ENTHUSIASTS, COMMUNICATED ORALLY BY COMPANY STAFF AND WRITTEN ON THE WEBSITE). I ACKNOWLEDGE THAT IF I'M FOUND TO NOT COMPLY WITH THE VELOCITY LIMITS OR OTHER REQUIREMENTS, I WILL STOP USAGE OF MY PERSONAL BLASTERS OR OTHER EQUIPMENT IN VIOLATION IMMEDIATELY, AND MAY BE SUBJECT TO FUTURE LIMITS/BANS ON MY PARTICIPATION AT THE LOCATION. I WILL NOT DAMAGE THE EQUIPMENT, FACILITIES, OR EQUIPMENT OF THE COMPANY OR AT THE LOCATION. I WILL NOT INTENTIONALLY CAUSE PHYSICAL OR PSYCHOLOGICAL DAMAGE TO ANY OTHER PARTICIPANTS. IF I CAUSE ANY DAMAGE INTENTIONALLY OR UNINTENTIONALLY, INCLUDING THROUGH THE USE OF UNAUTHORIZED EQUIPMENT, I WILL IMMEDIATELY PAY THE COMPANY OR THE THIRD PARTY FOR THE REPLACEMENT AND/OR REPAIR COST FOR ANY DAMAGE CAUSED.

 

This Liability Waiver and Release Form ("Waiver") is executed by the undersigned participant ("Participant") or the parent/guardian of a minor participant ("Guardian") in favor of Dart Ops, LLC ("Dart Ops, LLC"), its owners, employees, agents, and affiliates.

1. Assumption of Risk I acknowledge that participation in an indoor Nerf war involves inherent risks, including but not limited to, falls, collisions, tripping, and accidental impact with Nerf projectiles, equipment, or other participants. I voluntarily assume all risks associated with participation in this activity.

2. Release and Waiver of Liability I, on behalf of myself and/or my minor child, release, waive, and discharge Dart Ops, LLC from any and all liability, claims, or demands that arise from injury, illness, death, or property damage incurred while participating in or observing the event. I agree not to hold Dart Ops, LLC responsible for any negligent acts, omissions, or any other cause of action.

3. Indemnification I agree to indemnify and hold harmless Dart Ops, LLC from any claims, damages, or expenses (including attorney fees) resulting from my or my minor child's participation in the event.

4. Medical Treatment Authorization In the event of an injury or medical emergency, I authorize Dart Ops, LLC to provide first aid and, if necessary, seek emergency medical treatment on my behalf or on behalf of my minor child. I understand that I am responsible for all medical expenses incurred.

5. Safety and Conduct Agreement I agree to follow all safety rules and instructions provided by Dart Ops, LLC and acknowledge that failure to comply may result in removal from the event without refund.

6. Photography & Media Release (Optional) I grant permission for Dart Ops, LLC to use photographs or video recordings of me or my minor child for promotional purposes without compensation.

 

7. Acknowledgment of Understanding I have read this Waiver in its entirety, understand its terms, and sign it voluntarily. I acknowledge that I am giving up legal rights by signing this document.

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