Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement
I, , hereby affirm and acknowledge that I have voluntarily elected to participate in or observe others participating in the use of the Heroes Paradise, Inc. (“Heroes Paradise”), facilities and equipment located at 731 & 733 Knowles Rd., Brandon, FL 33511. I further affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the recreational activities, related rental equipment, and potential transportation associated with said activities, which are located on Heroes Paradise property, which include, but are not limited to, Laser Tag, Bow and Arrow Tag, Wall Climbing, and RC CARS activities (“Activities”).
I. I have also been provided the Rules and Regulations and I agree to comply with them as a condition of gaining access to all of the Activities. The property contains many dangerous conditions including large metal objects, inoperative cars, jeeps, planes, as well as trees, fences, boulders and similar structures. The RC Car track has remote controlled cars racing at very high speeds being controlled by active participants in the activity. I also know and understand that pets are permitted on the Heroes Paradise property. I agree and acknowledge these pets are not owned by Heroes Paradise and that they could be dangerous.
II. I understand and acknowledge that these conditions have inherent hazards and risks, including, but not limited to:
1. Risk of injury from the activity and equipment utilized is significant including the potential for permanent disability and death.
2. Possible equipment failure and/or malfunction of my own or other’s equipment.
3. These activities take place indoors and outdoors and therefore includes risks associated with exposure to elements, excessive heat, hypothermia, impact of the body upon the water, injection of water into my body orifices, encountering objects either natural or man-made, exposure to animals with the attendant risks of kicking, biting, shying away, running off or otherwise moving in an unanticipated manner causing injury and/or death.
4. My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making, including misjudging objects’ locations, terrain, weather, trails, and route location.
5. Attack by or encounter with insects, reptiles, and/or animals.
6. Accidents or illness occurring in places where there are no available medical facilities.
7. Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
My participation in any and all of these Activities is purely voluntary and I elect to participate despite the risks. I acknowledge and recognize that my mere physical presence on the Heroes Paradise property may result in injury or death as described in Sections I and II above. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation. I also understand that it is my responsibility to consult with my personal physician prior to participating to ensure that my participating will not pose any unusual risks to my health and wellbeing.
I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims and Indemnity Agreement In consideration for being permitted to come onto the Heroes Paradise property or to participate in the Activities described above, I agree to the following:
1. I hereby release Heroes Paradise, Inc., and its employees, officers, directors, shareholders, volunteers, and anyone else associated therewith from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above Activities whether caused by active or passive negligence of Heroes Paradise and its employees, officers, directors, shareholders, volunteers, and anyone else associated therewith or otherwise. By executing this document, I agree to hold Heroes Paradise and its employees, officers, directors, shareholders, volunteers, and anyone else associated therewith, harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above Activities.
2. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement.
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the below listed minor possess, whether known or unknown, which might contribute to, or exacerbate, any injury I or the below listed minor might sustain as a result of using the Heroes Paradise Attractions. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical/occupational therapy) is required or performed as a result of any injury I or the below listed minor sustains while using the Heroes Paradise Attractions, such assistance shall be at my own expense.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforced.
In addition, I hereby grant Heroes Paradise permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
I understand and agree that all photos will become the property of Heroes Paradise and will not be returned.
I hereby irrevocably authorize Heroes Paradise to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge Heroes Paradise and its employees, officers, directors, shareholders, volunteers, and anyone else associated therewith from all claims, demands, liabilities whatsoever I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, OR RELATING TO, MY OR THE BELOW LISTED MINOR’S ACCESS TO, USE, OR ABILITY TO OBSERVE OTHER’S USING THESE ATTRACTIONS, INCLUDING THE DETERMINATION OF THE SCOPE OR ABILITY TO ARBITRATE THIS AGREEMENT SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury).
I HAVE READ AND UNDERSTAND THE ABOVE PHOTO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENTS/GUARDIANS AS EVIDENCED BY THEIR SIGNATURES BELOW. I ACCEPT AND I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
For Participants of Minority Age, this is to clarify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, have read and understand the terms of this Agreement and unconditionally agree to its full terms, statements, warranties, notices, representations, waivers, and releases on behalf of both myself and marital community, if any, and the below listed minor or ward, whose name is below. All such terms, statements, warranties, notices, representations, waivers, and releases fully apply to the below listed minor or ward as if I was the participant. I understand that, by signing this Parent or Guardian Consent, I am giving up important legal rights both on behalf of myself and the below listed minor, regarding potential rights and claims against Heroes Paradise and its employees, officers, directors, shareholders, volunteers and anyone else associated therewith.. I have had sufficient opportunity to read this entire document, I have read and understood it, and I agree to be bound by its terms. I hereby warrant and represent that if I am neither the below listed minor’s Parent nor legal Guardian, I have been granted the expressed authority to execute this Agreement by, and on behalf of, the below listed minor’s Parent or Guardian.
AS THE INDIVIDUAL SIGNING THIS AGREEMENT ON BEHALF OF A MINOR OR OTHER INDIVIDUAL, I AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS HEROES PARADISE, AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, VOLUNTEERS, AND ANYONE ELSE ASSOCIATED THEREWITH FOR ANY AND ALL CLAIMS CONNECTED WITH, ARISING OUT OF, OR RESULTING FROM THE INDIVIDUAL OR BELOW LISTED MINOR’S USE OF THE HEROES PARADISE FACILITY OR ATTRACTIONS.
(If participant is a minor, and by their signature they, on my behalf, release all claims that both they and I have)
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