Adult Waiver

 

NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. THIS DOCUMENT MUST NOT BE ALTERED OR IT WILL BECOME VOID. READ CAREFULLY. In consideration of my being permitted to participate in Darcstar LLC Laser Tag (“Activity”) I agree to this assumption of risk, release liability, and indemnity agreement (“Agreement”). I ACKNOWLEDGE AND AGREE TO ASSUME THE INHERENT RISKS OF THE ACTIVITY that includes participation in laser tag. I acknowledge the risks involved in this activity may include, but are not limited to: being hit by laser tag gun or other equipment; cuts bruises, blisters, broken bones, strains, sprains, falls, concussions, torn muscles, internal injuries, spinal injuries; injuries caused by other participants, blows to the body, face or head, exhaustion, dehydration; physical or emotional distress; injuries from contact with equipment; injuries occurring from colliding with other participants or objects; bad decision-making; inattention of or actions of other participants, misuse or failure of equipment; damage to clothing and other personal items; heat-related illness; and other risks hazards, or accidents, whether foreseen or unforeseeable. I acknowledge that the above list is not include of all possible risks associated with the activity, and I agree that the list in no way limits the extent or reach of this agreement. Further, I understand and acknowledge that Darcstar LLC is not the insurer of my behavior, actions, or participation in the activity. 

With full knowledge of the inherent risks of the activity and other risks of personal injury, including catastrophic injury, paralysis, death, and property loss that may occur while I am at or participating in the activity, I HEREBY RELEASE, FULLY DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND DARCSTAR LLC and its employees and volunteers FROM ALL CLAIMS OF DAMAGE OR LIABILITY THAT MAY RESULT IN MY PARTICIPATION IN THE ACTIVITY. This agreement shall be effective even if the damage, injury, or loss results from the negligence or omissions of Darcstar LLC. In addition, I agree to pay any attorney fees or costs incurred by Darcstar LLC in enforcing this agreement.  I further state that there are no health-related reasons or problems which may preclude or restrict my participation in this activity, and that I have adequate health insurance necessary to provide for and pay any medical costs that may be attendant as a result of injury or harm to me. I consent to any medical treatment that may be necessary or advisable in the event of an injury. I attest that I AM AT LEAST 18 YEARS OF AGE; have carefully read these terms and fully understand their content, am aware that this is a release of liability, covenant not to sue, and agreement to indemnify; and that I am signing of my own free will. It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns, and personal representatives, if I am deceased. If any portion of this agreement is held to be invalid by a court or a competent jurisdiction, then it is agreed and intended that all the remainder shall, not withstanding, continue in full force and effect. 

I grant and convey unto Darcstar LLC all rights, titles, and interests in all photographic images and video or audio recordings made by Darcstar LLC during my involvement with Darcstar LLC.

I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. 

I further acknowledge that Darcstar LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

I further acknowledge that Darcstar LLC can not guarantee that I will not become infected with the Coronavirus/COVID-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, company staff, and other company clients and their families.

I voluntarily seek services provided by Darcstar LLC and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.

I attest that:

  • I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.

  • I have not traveled internationally within the last 14 days.

  • I have not traveled to a highly impacted area within the United States of America in the last 14 days.

  • I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19. 

  • I have not been diagnosed with Coronavirus/COVID-19.

  • I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.

I hereby release and agree to hold Darcstar LLC harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the company, or that may otherwise arise in any way in connection with any services received from Darcstar LLC. 

I understand that this release discharges Darcstar LLC from any liability or claim that I, my heirs, or any personal representatives may have against the company with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Darcstar LLC. This liability waiver and release extends to the company together with all owners, partners, and employees.