Participant Agreement, Release and Assumption of Risk (The Agreement) – Press Play Battle Arena & Gaming Lounge LLC.
This waiver for Press Play Battle Arena & Gaming Lounge LLC., includes the following activities:
I am agreeing to participate, or have my child participate, in an activity known as “Foam Wars” where individuals fire Nerf weapons at each other in an area with certain obstacles and barriers. I am also agreeing to participate or have my child participate in activities regarding areas known as ”Arcade Corner”, “VR @ Press Play” (Virtual Reality) and “XBOX/PS4” (VR) Gaming, and the “3-Point Challenge” and although serious injury can occur in many forms, the three greatest injury potentials associated with this activity are eye injuries, slipping and falling, or running into another participant. For “Foam Wars”, all participants are given eye protection and specifically instructed that at no time is the eye protection to be removed within the Foam Wars Arena. There are numerous signs throughout the facility specifically directing that all participants must have eye protection on at all times when in the Foam Wars Arena and all participants must adhere to the written rules posted at the facility. The activity is also monitored by an employee of PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC. to ensure the participants are following the written rules openly posted at the facility. I, the undersigned participant or parent/legal guardian of a minor if the participant is under the age of 18, acknowledge and fully understand that I or the minor participant will be engaging in activities that involve risk of serious injury. I hereby agree to follow all oral instruction and written rules at all times. In the case of minor participants, I will ensure that any minor children accompanying me follow all oral instruction and written rules at all times. If I am giving consent to my minor and I am not there, I will make sure my minor child is instructed to follow all oral instruction and written rules at all times. With regard to any injury occurring on the property, I hereby release and discharge PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC. from all legal liability. This release includes PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC., its directors, officers, employees, agents, and the owners/lessors of premises used to conduct the event. Any parent signing for a minor child hereby agrees to indemnify and hold harmless PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC., its directors, officers, employees, agents, and the owners/lessors of premises used to conduct the event from any claims by a non-signing parent/legal guardian. I agree to hold harmless and indemnify PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC. from all legal liability, claims, damages, or injury which may result from activities on the premises, including the actions of other participants. I have read this Release of Liability document and agree to its terms and conditions.
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use the Press Play Gaming Lounge facility and equipment located at 1004 W. Main St., Indianapolis, IN. 46112. In consideration for being allowed to use said facilities and equipment, and any other services provided by Press Play Battle Arena & Gaming Lounge LLC. or its employees or agents at said location, or any other location within the State of Indiana, I – on behalf of myself, my Child, or any other person under my supervision or control – represent, acknowledge and agree as follows:
I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Press Play Battle Arena & Gaming Lounge LLC., , and their respective and collective agents, owners, officers, managers, shareholders, affiliates, assigns, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, ” Press Play Battle Arena & Gaming Lounge LLC.”). I acknowledge and agree that the terms and conditions in this Agreement shall apply to adult and minor participants and/or observers alike.
DESCRIPTION OF ACTIVITIES, RISKS, AND POTENTIAL FOR INJURY
I acknowledge and agree that I am executing this Agreement as consideration for participating in Nerf or VR gaming and related activities. The use of Nerf like guns, VR, gaming or 3-Point Challenge Basketball and other equipment at the Press Play Battle Arena & Gaming Lounge Facility and that participating in these activities can sometimes be dangerous. These risks include serious physical or emotional injury, including but not limited to burns, scrapes, cuts, bruises, dislocations, sprains, fractures, pinches, concussion, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that the risk of injury extends to all extremities and all other parts of the body. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the gaming activities that take place at the Press Play Battle Arena & Gaming Lounge Facility are monitored generally by Press Play Battle Arena & Gaming Lounge employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, Press Play Battle Arena & Gaming Lounge Facility employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
SPECIFIC RELEASE FOR “THEMED” ACTIVITIES
I acknowledge that the Press Play Battle Arena & Gaming Lounge Facility may at any time engage in a promotion referred to as “FOAM WARS or VR”, also “3-Point Challenge” and other similar programs and activities, that involve the use of reduced and altered or theatrical lighting and special effects, which can increase the inherent and obvious dangers of the activity and can lead to physical or emotional injury, paralysis, death, or damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that special rules apply to “FOAM WARS, VR or 3-POINT BASKETBALL” activities, and the other programs and activities that involve the use of reduced and altered or theatrical lighting and special effects, and that I and the Child may choose not to participate in such activities. I acknowledge and agree that I and the Child may participate voluntarily in the “FOAM WARS, VR OR 3-POINT BASKETBALL” and other similar programs and activities solely and exclusively at our own risk, and that by participating, we waive the right to seek damages for any injuries that occur.
VOLUNTARY ASSUMPTION OF RISK
I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Press Play Battle Arena & Gaming Lounge Facility employees could cause me or the Child significant bodily injury (as described in this Agreement), and that Press Play Battle Arena & Gaming Lounge is not responsible for the actions or activities of customers using the Press Play Battle Arena & Gaming Lounge Facility or the negligence of its employees in supervising the Press Play Battle Arena & Gaming Lounge Facility or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:
a) Participants may die or become paralyzed, partially or fully, through their use of the Press Play Battle Arena & Gaming Lounge facility and participation in Press Play Battle Arena & Gaming Lounge activities.
b) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through use of the Press Play Battle Arena & Gaming Lounge Facility equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling in the battle arena(s) or on other equipment, landing improperly on other equipment, or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.
c) Participants may fall on each other, resulting in broken bones and other serious injuries. The arenas can sometimes have up to 15 people and there could be flipping, running and bouncing off of the walls or falling off platforms and other participant body movements (whether planned or unplanned) can cause physical injury and can create a rebound effect leading to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.
e) Observing, standing, sitting or taking photographs at or near any FOAM WAR or VR or BASKETBALL activity can result in similar physical injury (even if the observer is not himself or herself participating at the time).
f) Participation during reduced or altered “Foam War or VR lighting events can affect depth perception and visibility and may cause me and/or my Child to fall, slip, misstep, collide with other people, or collide with equipment which can result in a greater risk of serious physical or emotional injury, paralysis, or death.
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Press Play Battle Arena & Gaming Lounge Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Press Play Battle Arena & Gaming Lounge Facility, such assistance shall be at my own expense.
RELEASE OF LIABILITY
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Press Play Battle Arena & Gaming Lounge, and their successors, predecessors-in-interest, and insurers (collectively, the “Releases”) from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of the Press Play Battle Arena & Gaming Lounge, premises and/or its equipment (whether trampolines or otherwise), the Child’s and/or my entry into the Press Play Battle Arena & Gaming Lounge Facility, the condition, maintenance, inspection, supervision, control or security of the Press Play Battle Arena & Gaming Lounge Facility, the failure to warn of dangerous conditions in connection with the Press Play Battle Arena & Gaming Lounge, and/or the acts or omissions of Press Play Battle Arena & Gaming Lounge or any of the Releasees, including, without limitation, any claim alleging negligent ac(s) or omission(s) of Releasees.
This release extends to claims seeking relief for any and all forms of damage or injury, including property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the equipment and all activities and games at the Press Play Battle Arena & Gaming Lounge Facility. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the Press Play Battle Arena & Gaming Lounge Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys’ fees, associated therewith or arising therefrom.
I understand and fully acknowledge and agree that all of the risks identified herein, and any other risks associated with use of the Press Play Battle Arena & Gaming Lounge facility and its equipment are sometimes beyond the control of the Releasees. I agree and acknowledge that should Press Play Battle Arena & Gaming Lounge or any other Releasee or anyone acting on their behalf, be required to incur attorneys’ fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold Press Play Battle Arena & Gaming Lounge and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against Press Play Battle Arena & Gaming Lounge and the other Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, Press Play Battle Arena & Gaming Lounge and the other Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF THE PRESS PLAY BATTLE ARENA AND GAMING LOUNGE LLC. PREMISES AND/OR ITS EQUIPMENT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, BREACH OF CONTRACT, AND/OR THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE PRESS PLAY BATTLE ARENA AND GAMING LOUNG LLC. FACILITY, INDIANA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES, AS WELL AS APPLICABLE JAMS APPELLATE RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Indiana, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness, as well as applicable JAMS Appellate Rules.
PHOTO/VIDEO/SOCIAL MEDIA WAIVER
In connection with my and the Child’s use of the Press Play Battle Arena & Gaming Lounge Facility, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Press Play Battle Arena & Gaming Lounge and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any Press Play Battle Arena & Gaming Lounge Facility. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.
TERM OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Press Play Battle Arena & Gaming Lounge, whether at the current location or any other location or facility.
SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
a) You acknowledge that there are inherent risks in the participation in or on any and all activities at the Press Play Battle Arena & Gaming Lounge Facility, and that such risks include not only the use of gaming and Nerf or VR gaming OR BASKETBALL equipment, but other activities and equipment. Patrons of Press Play Battle Arena & Gaming Lounge who use Nerf or VR gaming equipment, and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the Nerf Guns, VR, BASKETBALL and Arcade gaming and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.
b) You have a duty to not participate in any activity on any Nerf/VR/BASKETBALL gaming equipment or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.
c) You have a duty to properly use all safety equipment provided, whether for the battle arenas or VR gaming/BASKETBALL, or otherwise.
d) You have a duty to not participate in any activity or battle arena or VR gaming, OR BASKETBALL equipment, or engage in other activities or use other equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant.
e) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.
f) You have a duty to avoid bodily contact with other patrons.
g) You have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any activity, whether involving the use of Nerf guns/VR equipment, or otherwise.
h) You have a duty to avoid crowding or overloading individual sections of the Press Play Battle Arena & Gaming Lounge, or other equipment.
i) You have a duty to use the Nerf Guns/VR/Basketball equipment, and other equipment, within your own limitations, training and acquired skills.
j) You have a duty to avoid landing on the head or neck. Serious injuries, paralysis or death can occur when participating in Nerf/Foam Wars/Basketball gaming activities, or elsewhere, whether involving Press Play equipment, other equipment, or otherwise.
ACKNOWLEDGEMENT OF RULES AND WARNINGS
I acknowledge that many warnings, rules, policies, and patron education signs are posted in the facility, and that I have had the opportunity to read and understand the same prior to participating in activities at Press Play Battle Arena & Gaming Lounge. I further acknowledge that I will not participate in activities at Press Play Battle Arena & Gaming Lounge unless I have heard and fully understood the Rules Speech given to me, or each Child as applicable. I agree to follow and obey all posted and stated warnings, rules, policies, and patron education signs. I further agree that, as applicable, prior to each Child utilizing Press Play Battle Arena & Gaming Lounge facilities or equipment, I will ensure each Child has heard and understands all safety rules, warnings, and patron education and shall assume all responsibility for their compliance therewith.
I would like to receive email promotions, discounts, and other advertisements from Press Play Battle Arena & Gaming Lounge and its partners at the email address provided below. I may unsubscribe at any time.
I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at the Press Play Battle Arena & Gaming Lounge Facility, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Press Play Battle Arena & Gaming Lounge and me relating to the Child’s and my use of the Press Play Battle Arena & Gaming Lounge Facility. There are no other agreements – oral, written, or implied – or any other outside terms or conditions with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force.
By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or 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 further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of the Press Play Battle Arena & Gaming Lounge. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”).
IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY PRESS PLAY BATTLE ARENA & GAMING LOUNGE LLC. RELATED ENTITY.