RELEASE OF LIABILITY AND WAIVER OF RIGHTS
The individual named below (referred to as “I” or “me”) desires to access and participate in certain activities (the “Activities”) provided by TURF ATTACK, a Pennsylvania company (the “Company”) at 590 Pittsburgh Mills Circle, Unit 348, Tarentum, PA 15084 (the “Location”), including without limitation, entering the Location, viewing as a spectator, and/or participation in the recreational or other activities offered at the Location. As lawful consideration for being permitted by the Company to participate in the Activities, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
BY SIGNING THIS DOCUMENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES MAY INVOLVE THE USE OF FOAM AND OTHER PROJECTILES, AS WELL AS PHYSICAL ACTIVITIES, AND MAY BE DANGEROUS OR UNPREDICTABLE IN NATURE.
I ACKNOWLEDGE THE ACTIVITIES INVOLVE THE KNOWN AND UNKNOWN RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. WITHOUT LIMITING THE FOREGOING, RISKS MAY INCLUDE SERIOUS PHYSICAL INJURY, DEATH, PARALYSIS, BLINDNESS, BRUISES, HEARING OR VISION IMPAIRMENT OR LOSS, MEDICAL CONDITIONS RESULTING FROM PHYSICAL ACTIVITIES, OR OTHER AILMENTS THAT MAY CAUSE PERMANENT OR TEMPORARY DISABILITY. IN ADDITION, RISKS MAY INCLUDE EXPOSURE TO THIRD-PARTY CONTENT IN THE VIRTUAL REALITY EXPERIENCE OVER WHICH THE COMPANY HAS NO CONTROL.
I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. THERE IS ALSO A RISK THAT THE COMPANY OR ITS EMPLOYEES MAY BE NEGLIGENT IN, AMONG OTHER THINGS, MONITORING AND SUPERVISING THE ACTIVITIES. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE, EXCLUDING THE GROSSLY NEGLIGENT OR WANTON ACTS OF THE COMPANY.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company and its officers, directors, employees, agents, affiliates, members, successors and assigns, and the owner of the Location and its officers, directors, employees, agents, affiliates, members, successors and assigns (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activities.
I represent and warrant that am in good physical condition and able to do the physical functions required to participate in the Activities. I agree that any personal foam dart or ball blasters, or other personal equipment, I bring to use at the Location will comply with the feet per second velocity limits and other requirements set by the Company for the time I'm scheduled to play (typical limit is 100 ft/s, with the exception of time periods that cater to enthusiasts, communicated orally by Company staff and written on the website). I acknowledge that if I'm found to not comply with the velocity limits or other requirements, I will stop usage of my personal blasters or other equipment in violation immediately, and may be subject to future limits/bans on my participation at the Location.
I will not damage the equipment, facilities, or equipment of the Company or at the Location. I will not intentionally cause physical or psychological damage to any other participants. If I cause any damage intentionally or unintentionally, including through the use of unauthorized equipment, I will immediately pay the Company or the third party for the replacement and/or repair cost for any damage caused.
I understand that demonstrating inappropriate behavior and/or not following rules of the Location, including without limitation, playing under the influence of alcohol or drugs, use of unauthorized equipment, failure to wear protective gear, and failure to follow instructions, may result in me being ejected from the Location and forfeiture of reservations, refunds, payments, and future experiences.
I give the Company the right to use any photographs, video recordings, or other media created while I participate in the Activities for publicity, advertising, and any other purposes. I understand and agree that all such media will be the property of the Company and will not be returned. I irrevocably authorize the Company to edit, alter, copy, exhibit, publish, or distribute this media for any lawful purpose. I waive any right to inspect or approve the finished product where my likeness appears. Additionally, I wave any right to royalties or other compensation arising or related to the use of such media.
This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity or illegality shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company, all Releasees, and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Allegheny County, Pennsylvania and I hereby consent to the exclusive jurisdiction of such courts.
Parent/Guardian’s Representation (as applicable). For a participant that is a minor, defined as an individual under the age of 18 years old, I verify that I am the parent or guardian of the participant identified below or the adult in whose care the participant has been entrusted. I have read and understand this agreement. Prior to signing this agreement, I have had the opportunity to ask any questions about this agreement and the Activities. I understand that (1) the Company does not provide supervision of minors, and, (2) participants who are under 18 years of age may not always be aware of the inherent risks associated with participation in Activities. In addition to the terms of the agreement set forth above, therefore, I agree that it is my duty and responsibility, as either a parent or guardian, or as the adult in whose care the participant has been entrusted, to provide supervision and/or advance education (as appropriate) in an effort to protect the participant from harm associated with participation in the Activities. By signing below, I am (1) entering into this agreement on my own behalf and on behalf of the participant, (2) representing, if I am an adult in whose care the participant has been entrusted, that I have the authority to sign this document on behalf of the participant, and (3) agreeing to be bound by the terms of this agreement.
I HAVE READ THIS RELEASE AND WAIVER, FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, AND HAVE SIGNED THIS RELEASE FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.