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Adult Information

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( Age must be at least 18 years old )

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Liability Waiver

Please read the waiver below and fill out the required fields found in the following form sections. All liability language from the waiver will apply to all persons listed below.

PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING.

I, the undersigned individual, desire to participate in Laser Tag, Climbing Wall, and/or Virtual Reality (the “Activities”) and otherwise use the equipment and facilities offered by Old Town Family Fun, LLC (the “Company”).  As consideration for the Company permitting me to participate in the Activity and use its equipment and facilities, I, on behalf of myself and my spouse, children, parents, heirs, assigns, personal representatives, and estate (collectively, “I”), agree to release, discharge, indemnify, defend, and hold harmless the Company and each of their respective agents, affiliates, owners, officers, members, participants, employees, landlords, and all persons or entities acting in any capacity on their behalf (collectively, “Releasees”), as follows:

  1. ACKNOWLEDGMENTS: I acknowledge and certify, on my behalf and also on behalf of my child who also wishes to participate in the Activities (The “Participants”) (i) I am at least 18 years old; The Participants do not have any medical or physical condition(s) that would preclude them from participating in the Activity, and are not intoxicated; (ii) I have read or otherwise been apprised of, and agree to comply with, all rules relating to my participation in the Activity, as well as any instructions from the Activity operator(s), and have explained the same to my child; (iii) I have adequate insurance to cover any injury or damage we may cause or suffer while participating in the Activity, or else I agree to bear the costs of such injury or damage myself; and (iv) I freely and voluntarily assume complete personal responsibility for all risks and for my death or any injury or damage that may occur to me, my child, or my property as a result of these risks, even if such death, injury or damage occurs in a manner that is not foreseeable to me at this time.  I realize that by voluntarily assuming the risks involved, I will be solely responsible for my or my child’s death or any injury or damage that we sustain. 

  2. ASSUMPTION OF THE RISKS: I acknowledge and understand that participating in the Activity inherently entails known and unanticipated risks that are characteristic of, intrinsic to, or an integral part of the Activities that could result in physical or emotional injury, paralysis, death or damage to me, to property, or to third parties, including risks related to the negligence or fault of any Releasee. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Activity. The risks include, among other things, falling, which could result in musculoskeletal injuries including head, neck, and back injuries, paralysis, or even death. I further acknlowldge, understand, and agree that my participation in the activities is subject to the wyoming recreation safety act (Wyoming statute § 1-1-12 through 1-1-123), and agree to assume the inherant risks of the activities as provided therein.   

  3. RELEASE OF LIABILITY AND INDEMNIFICATION: I (we) hereby voluntarily agree to release Company from all liability, discharge and promise not to take legal action against Company, it’s owners, directors, officers or employees for any and all damages, liabilities, costs, expenses, claims, demands, or causes of action that we may have or that may be brought against the Company as a result of any injury or damage to Participant(s)’ person or property or which are in any way connected with Participant(s)’ participating in the activity or Participant(s)’ use of the company’s equipment or facilities, including any claims based on any negligence or fault of the Company, invasion of rights of privacy, violation of right of publicity, defamation, or appropriation. Without limiting the foregoing, we covenant and agree to waive any claim and not to institute legal proceedings against the Company for any of the claims released in this agreement.

  4. USE OF LIKENESS. We understand that during the Activity and while we are otherwise using the Company’s equipment and facilities I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity and privacy and pre-approval that I have for any such likeness of me or use of my name and/or voice in connection with such likeness, and I grant to the Company and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.

  5. ARBITRATION OF DISPUTES; WAIVER OF JURY TRIAL; TIME LIMIT TO BRING CLAIM; AND CHOICE OF LAW: The parties agree that any and all disputes arising out of the activity, including the determination of the scope or applicability of this waiver, release, and 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 Casper, WY before one arbitrator.  The arbitration shall be administered by JAMS (f/k/a Judicial Arbitration and Mediation Services, Inc.) pursuant to Rule 16.1 EXPEDITED 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 and construed under the laws of Wyoming. 

  6. SEVERABILITY. The parties understand and agree that this agreement is intended to be as broad and inclusive as is permitted by applicable law and that if any portion of this agreement is found to be void, invalid, or unenforceable, the remaining portions shall remain in full force and effect.

BY ELECTRONICALLY SIGNING BELOW, I AFFIRM THAT I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENT AND PURPOSES, AND VOLUNTARILY AGREE TO ALL THE TERMS SET FORTH ABOVE IN SPITE OF THE RISKS ASSOCIATED WITH THE ACTIVITIES.

 

For MINORS:

            I, the undersigned parent or legal guardian of (“Child”), hereby execute the foregoing Waiver and Release for an on behalf of Child and agree to bind myself, Child, and any heirs, next of kin, assigns or personal representatives to the terms of this Waiver and Release.  I represent that I have full legal authority to act for and on behalf of Child, and I agree to indemnify and hold harmless Company for any expenses, claims or liabilities that may arise as a result of any insufficiency of my full legal authority to execute the foregoing Waiver and Release. 


By signing this waiver, I agree that all information is complete and accurate.