February 21, 2016

Sign Waiver

Please review the waiver form below.  A waiver is required to partake in all of the laser gaming fun that Pure Tactics is serving up.  By providing the required information and clicking the “sign waiver” button you are signing this waiver electronically and agreeing to its terms. If you have any questions, please contact us and we’ll be happy to chat.  Happy gaming!

 

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 Adult/Guardian Name:  ____________________________________               Phone:  _________________________

Street Address:  _____________________________________________________________________________

Email Address: ______________________________________________________________________________

Listed below are minor children included in and covered by this agreement and for which the above named adult has declared they are the legal guardian:

Child:  _______________________________                               Child:  _______________________________

Child:  _______________________________                               Child:  _______________________________

 

PARTICIPATION AGREEMENT & SIGNED WAIVER

(Legal Guardian or Individual over the age of 18)

!!! WARNING !!!

INHERENTLY RISKY RECREATIONAL ACTIVITY   — MAY RESULT IN INJURY – PARTICIPATE AT OWN RISK

THIS PARTICIPATION AGREEMENT is made and effective as of the last date executed or digitally signed (hereinafter the “Effective Date”) by and between Pure Tactics, LLC (hereinafter “PT“) and the adult or guardian identified (hereinafter “Adult”), who is executing this Participation Agreement personally and on behalf of themselves and any minor children specified (the Adult and children are collectively referred to hereinafter as the “Participants“). PT and Participants are collectively referred to hereinafter as the “Parties.”

RECITALS

WHEREAS, PT owns and/or operates a recreational gaming system doing business in Southern California  (hereinafter the “Gaming System“); and

WHEREAS, PT makes the Gaming System available to customers solely for recreational use and enjoyment, not as a service to the general public; and

WHEREAS, Participants desire to participate in ALL the recreational activities available as part of the Gaming System; and

WHEREAS, Participants know, understand and acknowledge that participation in ANY of the recreational activities available through the Gaming System is purely voluntary, not essential or necessary, and intended solely for recreational enjoyment; and WHEREAS, Participants know, understand and acknowledge that the use of Gaming System equipment, including all components thereof, constitutes an inherently risky recreational activity that can result in serious injury, damage to property, and injury to third parties; and

WHEREAS, PT will not make the Gaming System available to Participants unless Participants are willing to take personal responsibility for any and all known and unknown injuries to Participants, damage to property, and injuries to third parties that may result from Participants’ voluntary participation in ALL the recreational activities available through the Gaming System and any of the other causes identified hereinafter.

AGREEMENT

NOW THEREFORE, in consideration of the recitals, premises and the mutual covenants, conditions, representations, and agreements contained herein, as well as the cost charged for use of the Gaming System, the Parties hereby agree as follows:

  1. Waiver and Release of Liability

Whether using equipment or not, all Participants, on behalf of themselves, and their parents, spouses, children/wards, heirs, assigns, representatives, estates, successors, attorneys, insurers, and all other persons, firms, partnerships or corporations connected therewith (collectively referred to hereinafter as the “Releasing Parties“), forever, finally, fully, permanently and unconditionally waive, release, acquit and discharge PT, and its present and former employees, owners, members, principals, directors, subsidiaries, affiliates, representatives, predecessors, successors, shareholders, partners, parents, officers, landlords, owners of land on which the Gaming System takes place, agents, assigns, servants, attorneys, insurers, suppliers, manufacturers, clients, customers, participants, and all other persons, firms, partnerships or corporations connected therewith (collectively referred to hereinafter as the “Released Parties“), to the fullest extent permitted by law, from any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants’ use of the gaming equipment, obstacles or any other props, equipment or items provided as part of the Gaming System, participation in any of the games offered through the Gaming System, and any claims for costs, expenses and attorneys’/expert fees associated therewith.

  1. Assumption of Risk

Releasing Parties know, understand and acknowledge that the use of Gaming System equipment, obstacles, props, or any components used during the Gaming System, or any of the activities as part of the Gaming System constitutes an inherently risky recreational activity that may result in serious injury, injury to third parties, and damage to property. Releasing Parties know, understand and acknowledge that these risks include, but are not limited to, falling down, landing on equipment, collision with fixed objects and/or people, being hit by people and/or taggers, cuts, bruises, sprained or broken body parts and other injuries consistent with physical activity. Releasing Parties hereby assume the risk both known and unknown of personal injury or death, injury to third parties, and damage to property that arise out of or relate in any way to Participants’ past, present or future use of the Gaming System equipment, obstacles, props, location, facility or any of the items that comprise the Gaming System.

  1. Indemnification

Releasing Parties hereby indemnify and covenant to hold harmless and defend Released Parties from any and all charges, passive and active negligence, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants’ use of the Gaming System equipment, obstacles, props or any of the other components of the Gaming System, and any claims for costs, expenses and attorneys’/expert fees associated therewith.

  1. Fitness to Participate

Participants represent that they: (i) Are in good health, and in proper physical condition to participate in ALL activities comprising the Gaming System; (ii) Are NOT under the influence of alcohol, illicit or prescription drugs that may in ANY way impair their ability to safely participate in any activity comprising the Gaming Systems; (iii) Do NOT have ANY preexisting conditions which may make Participants unfit to participate in ANY activity compromising the Gaming System. It is the sole responsibility of all Participants to determine sufficiency of health, fitness, and ability to participate in ANY activity comprising the Gaming System.

  1. Covenant Not to Sue

Releasing Parties hereby covenant not to sue Released Parties on account of any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants’ use of the Gaming System equipment, obstacles, props, location, facility or any other components of the Gaming System, and any claims for costs, expenses and attorneys’ fees associated therewith.

  1. Representations, Warranties, and Further Assurances

Adult represents and warrants that she/he was given ample opportunity to read and review, and understand this Participation Agreement. Adult further represents and warrants that she/he is the parent or legal guardian of the minor Participants, and that she/he has and will maintain adequate medical or other insurance to cover and pay for any possible injury that may occur to Participants and/or third parties that arise out of or relate in any way to Participants’ use of the Gaming System equipment, obstacles, props, or any of the components of the Gaming System. Participants further represent and warrant that they HAVE read and MUST follow the rules for the Gaming System, and will cause other Participants (including minor children) to follow such rules, including without limitation the safety rules, rules conveyed orally, and any rules posted on signs as part of the Gaming System.

  1. Integration

This Participation Agreement constitutes the entire and only agreement and understanding between the Parties with respect to the subject matter hereof and may not be altered, enlarged, or abridged except by an agreement in writing executed by all of the Parties hereto.

  1. Binding Nature of this Participation Agreement

The provisions of this Participation Agreement shall inure to the benefit of, and be binding upon, the Parties hereto and their respective successors and assigns.

  1. Severability

All the provisions of this Participation Agreement shall be considered as separate terms and conditions. In the event that any provision hereof or any portion thereof is determined to be invalid, prohibited, or unenforceable by a court or other body of competent jurisdiction, this Participation Agreement shall be construed as if such invalid, prohibited, or unenforceable provision or portion thereof had been more narrowly drawn so as not to be invalid, prohibited, or unenforceable. Notwithstanding the foregoing two sentences, in the event that any of the provisions of this Participation Agreement should be determined to be invalid, prohibited or unenforceable, the validity, legality and enforceability of the remaining provisions contained in this Participation Agreement shall not in any way be affected or impaired thereby.

  1. Choice of Law and Jurisdiction

This Participation Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to any conflict of law rules of another state. Releasing Parties explicitly acknowledge and understand that the laws of the State of California may be more likely to recognize the validity and enforceability of the terms of this Participation Agreement – and particularly the parental waiver and indemnification provisions – than the laws of the other states (including the state where the Participants and/or the Releasing Parties reside). In executing this Participation Agreement, Releasing Parties expressly intend and desire that the substantive laws of the State of California govern the validity and enforceability of this Participation Agreement and that venue for any dispute be North San Diego County.

  1. Mediation and Arbitration

Any and all disputes, claims, or controversies arising out of or relating in any way to Participants’ use of the Gaming System equipment, obstacles, props, or any other components of the Gaming System shall be submitted to a formal mediation using a mediator either appointed by the American Arbitration Association or any other mediator to which the Parties agree. Mediation must commence within any applicable statute of limitations, and shall be deemed to commence when a Party notifies the agreed-upon mediator, in writing, of its request for mediation, the subject of the dispute, and the relief requested. Mediation shall be deemed to be in the nature of settlement negotiations, and any dispute not otherwise satisfactorily resolved shall be subject to mandatory, final and binding arbitration. Either Party may initiate arbitration with respect to the matters submitted to mediation by notifying the other Parties, in writing and within ten days after the mediation is concluded, of its demand for arbitration. Unless otherwise agreed by the Parties, the mediator shall be disqualified from serving as arbitrator in the case. Any mediation and arbitration shall be conducted in California. Arbitration shall be the sole and exclusive forum for resolution of the dispute, claim or controversy, and the award shall be in writing, state the reasons for the award, and be final and binding. Judgment thereon may then be entered in any court of competent jurisdiction.  Venue for any and all disputes shall be in North San Diego County, California.

  1. Attorney Fees for Breach of this Participation Agreement

In the event either Party hereto defaults in any of the covenants or agreements contained herein, including without limitation the eleventh clause, the defaulting Party shall pay all costs and expenses, including reasonable attorneys’ fees, expert fees, incurred by the other Party.

  1. Acknowledgment of the Rules

All participants MUST read, UNDERSTAND and FOLLOW all Gaming System rules. By signing this Agreement you are representing and warranting that you have READ, UNDERSTAND and WILL FOLLOW ALL GAMING SYSTEM RULES.

  1. Video, Photo, and Image Release.

The Agreement gives PT the exclusive rights and permissions to use all media captured while Participants are using the Gaming System, including but not limited to: any security footage, photos, and/or video. This media can be used for any and all purposes including but not limited to publication in both printed and electronic media, Internet, websites, social media, advertisement, and other promotional uses.

By signing this Agreement you acknowledge that you have read, understand, and agree to be bound to this Participation Agreement.

IN WITNESS WHEREOF, the Adult has signed this Participation Agreement as of the date set forth. I verify that I have or will watch the Safety Video and listen to and comply with all instructions by PT Staff.  Signed below or digitally.

__________________________________

Signature

__________________________________

Printed Signature

____________________________

Date/Time Signed