WARRANTY AND CONSENT
ASSUMPTION OF RISK RELEASE AND WAIVER OF LIABILITY INDEMNITY AGREEMENT
IN CONSIDERATION of allowing me to be on the premises and/or participate in any activities and events of Game On Arcade and its affiliates. Accordingly, I warrant to Game On, its affiliates and Lake Saint Louis all of the following:
I acknowledge and understand that I will be voluntarily engaging in activities that involve axes and/or similar items, which may result in the risk of serious injury and other consequences including permanent disability and death. and
I consider myself fully capable to participate in these activities, and submit that if I bring my own equipment, I take full responsibility for the soundness of its fitness and consequences from using my own equipment, and
I have been informed of all rules and understand that all applicable rules for participation must be followed, and
I accept and assume all such inherent dangers and risks of bodily injury, permanent disability, death, and/or property damage, even if caused, in whole or in part, by the negligence of the Facilitator, and all of their respective members, managers, officers, directors, shareholders, affiliated organizations and entities, representatives and sponsors, and all volunteers, contractors, agents, members, and employees (collectively the “Facilitator Parties”). Recognizing the possibility of death and serious bodily injury associated with participating in the Activities, I hereby agree to waive, release, hold harmless and/or discharge the Facilitator Parties from any and all claims, demands, damages, losses, injuries, liabilities, obligations, costs or expenses of any kind which are made or could be made by me, or on my behalf, or by my heirs or legal representatives as a result of my participation in the Activities, even though such claims may arise due to the negligence, carelessness or recklessness of such Facilitator Parties.
I understand that the sole responsibility for my personal safety always remains with me, and
I will promptly remove myself from participation, and notify a staff member, if at any time I become aware of any unsafe condition or if I feel that I have experienced any deterioration in my fitness or another participant’s fitness for continued participation in any activities.
I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, and personal representatives that my participation in these activities and execution of this document constitutes:
- An unqualified ASSUMPTION OF ALL RISKS associated with participation in these activities by me even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the activity organizers and any persons associated therewith or participating therein, and
- a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the activity organizer and all persons and organizations associated with it and the company including without limiting the generality of the foregoing, its officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and/ or lessors of the premises used to conduct the activities, sanctioning bodies, medical or rescue personnel (the RELEASEES), of and from with the respect to all injury, disability, death or loss or damage to person or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise, and
- an UNDERSTANDING NOT TO SUE the RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation in these activities by me, and
- an AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the RELEASEES or otherwise.
- I understand that Game On Arcade or its affiliates may send me marketing emails from time to time, and that I can unsubscribe at any time.
- I confirm that Game On. and/or its associated companies. will not be held responsible in the event of any complaint or legal action undertaken against myself as a result of bringing alcohol to the premise.
- If Game On. and/or its associated companies. takes photographs or videos, I hereby assign full copyright of these photographs and videos to Game On Arcade. and/or its associated companies (and the related representatives and assigns) together with the right of reproduction either wholly or in part. Furthermore, I grant Game On Arcade. and/or its associated companies the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for editorial trade, product or service advertising and such other fashion /business purpose in any manner and medium, including advertising with any retouching or alteration without restriction or compensation
- I HAVE READ AND UNDERSTOOD THIS DOCUMENT THOROUGHLY.
I UNDERSTAND THAT THE RELEASEES ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WAIVER AND RELEASE, UNDERTAKINGS AND AGREEMENTS WHEN ENTERING THE PREMISES AND/OR WHEN ACCEPTING MY PARTICIPATION IN THESE ACTIVITIES. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I GIVE UP SUBSTANTIAL LEGAL RIGHTS I WOULD OTHERWISE HAVE.
I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.