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PLAYOPOLIS LLC d/b/a SCRAMBLE PARTICIPANT AGREEMENT, ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK RELEASE OF LIABILITY AND CONSENT TO USE OF LIKENESS AND PHOTOGRAPHS
NOTICE: READ THIS FORM COMPLETELY AND CAREFULLY.
In consideration for and connection with its use of the premises and facilities maintained and operated by Playopolis LLC d/b/a Scramble, its agents (actual and apparent), members, owners, affiliates, franchisors, franchisees, officers, directors, volunteers, participants, employees, suppliers, vendors, landlords, insurers and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “the Business”) including, but not limited to: playspace, recreational structures, sports court, food service area, and appurtenant and related areas (collectively, “Activities”), I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns personal representatives, estate, insurers, and on behalf of any individual under my supervision, including but not limited to any child, minor, or ward on whose behalf I sign this Agreement, hereby acknowledge, affirm, and agree to the following:
I consent to use of the Business’ facility and to participation in the Activities. In so consenting, I acknowledge, understand and appreciate that my participation, and/or the participation of those under my supervision, in the Activities entails inherently dangerous known as well as unanticipated risks that could result in death, physical or emotional injury of all kinds, including serious physical or emotional injury, physical, emotional and mental illness, disease, paralysis, or damage to me, those under my supervision , to property, or to third parties (hereinafter referred to collectively as the “Risks”). I expressly agree and promise to accept and assume all of the Risks arising from my participation in the Activities, regardless of whether the consequences. My participation in the Activities is purely voluntary, and I elect to participate in spite of the Risks.
I certify and warrant that I and/or those under my supervision are physically able to participate in all Activities without aid or assistance. I am willing to assume the risk of any medical or physical condition that I and/or those under my supervision or any child on whose behalf I sign this agreement, may have. I acknowledge that I have read the rules (the “Rules”) governing my participation and the participation of those under my supervision in any activities and that I have explained the Rules to those under my supervision. I acknowledge that failure to follow the rules could result in the expulsion of myself and those under my supervision.
To the maximum extent permissible by law, I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless THE BUSINESS from any and all claims, demands, or causes of action are in any way connected with my PARTICIPATION, OR THE PARTICIPATION of those under my supervision, including but not limited to my child(ren)/ward(s)/minors on whose behalf I sign this Agreement participation, in ACTIVITIES or my USE, or the use of those under my supervision, of the business’s equipment or facilities, including, to the extent permitted by law, any such claims that allege negligent acts or omissions of the business. I understand that this perpetual release/waiver will apply to each and every occasion that I or my child(ren)/ward(s) visit the business or participate in the activities.
Should the Business, or anyone acting on its behalf, be required to incur attorneys’ fees and costs to enforce this Agreement, including but not limited to, attorneys’ fees and costs incurred to defend against claims brought by me, or on behalf of others in my supervision, including but not limited to child(ren)/ward(s),minors on whose behalf I sign this Agreement, or by third parties, I agree to indemnify and hold the Business harmless for all such fees and costs.
By entering the Business and participating in the ACTIVITIES, I hereby grant the Business on behalf of myself and those under my supervision, the irrevocable right and permission to photograph and/or record such persons and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and in any media now or hereafter known and without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
Any dispute or controversy between the parties hereto arising out of or relating to this Agreement, the use of the facilities, or participation in the ACTIVITIES, shall be governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law rules, and shall be resolved in a court of competent jurisdiction in the City of Alexandria, Virginia. I HEREBY FURTHER AGREE TO WAIVE MY RIGHT TO TRIAL BY JURY.
I agree and understand that this agreement is intended to be as broad and as inclusive as permitted by law in the state of Virginia and if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
I understand and affirm that there are no other representations, warranties, promises, or understandings, written or oral, regarding the subject matter of this Agreement, and that I will bound by the terms of this Agreement. I have had reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all of the terms and conditions set forth herein. I represent that I have the actual authority to and do hereby enter into this agreement on behalf of, and as an authorized agent of, the parents of any minor on whose behalf I am signing this Agreement, or as the parent or legal guardian of any child(ren)/ward(s) listed on this agreement. I have read and knowingly and voluntarily have signed this agreement and specifically the release contained herein and further agree that no oral representations, statements or inducements have been made to me.