RELEASE AND INDEMNIFICATION AGREEMENT PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS
This Release and Indemnification Agreement (Agreement) is entered into by the Adult Participant, and if anyminor is named below, the Adult Participant on behalf of and as parent or legal guardian for the ChildParticipant(s) in favor of AR’s Entertainment Hub. Collectively and severally, Adult Participant and ChildParticipant are referred to as the Participant. In consideration of AR’s Entertainment Hub permitting Participantaccess to the Premises and the ability to participate in the Activities, including the Activities that may occur in,about, or near 4522 Fredericksburg Rd Suite B100 & B99, San Antonio, TX 78201 or any other premises ownedor operated by AR’s Entertainment Hub wherever located (Premises), Participant agrees as follows:
- Nature of the Activities. AR’s Entertainment Hub operates an indoor family entertainment center, whichoffers Participants (a) the opportunity to participate actively or passively, in adventure related activities,including, but not limited to, laser tag, bumper cars, miniature golf, bowling, skating, soft play, cybersports, mini golf, arcades, exercising, and other miscellaneous and adventure activities, instruction,training, fitness classes, competition, events, and programs and (b) access to the locker room, Premises,and restaurant and bar (collectively, Activities).
- Types of Risks. Participant acknowledges there are inherent risks in and injuries that may occur fromparticipating in the Activities, including, but not limited to, cuts; bruises; muscle strain; twisted orsprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; concussions; brokenbones; physical or emotional injuries; landing wrong; over-exertion; failure of the attraction surface orattachments; being hit by a ball; collisions with other participants; erratic co-participant behavior;collisions with standards and supports; using improper form or technique; slipping, falling, or tripping;equipment failure; error of judgment by employees; paralysis, disability, or death; personal injury to thirdpersons; or property damage. Due to the nature of the Activities, there are more hazards and risks than theforegoing, and there are also unknown and unforeseeable hazards.
- Assumption of Risks. Notwithstanding the foregoing risks and safety measures implemented by AR’sEntertainment Hub, Participant acknowledges it is impossible to eliminate all risk of injury andunderstands the demands of the Activities relative to Participant’s physical condition and skill level.PARTICIPANT AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARYAND PARTICIPANT KNOWINGLY, WITH UNDERSTANDING OF THE RISKS ANDPOTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES ANDACCESS TO THE PREMISES
- Alcohol. Participant agrees to exercise ordinary and reasonable care and to not consume alcohol to theextent Participant’s judgment is impaired. Participant understands the potential risks associated with theconsumption of alcohol and acknowledges Participant does not have and is not aware of any medicalcondition that would result in any injury to Participant due to Participant’s consumption of alcohol.Participant assumes the risks associated with alcohol consumption and takes full responsibility forParticipant’s own actions, safety, and welfare. UNDER NO CIRCUMSTANCES WILLPARTICIPANT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES IF PARTICIPANTHAS CONSUMED ALCOHOL.
- Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULTPARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR HEIRS,EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO SUE, AND SHALLINDEMNIFY AR’S ENTERTAINMENT HUB, AR’S ENTERTAINMENT HUB MANAGEMENT,ASCEND APEX, LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD,MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIRLENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS,SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES,CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENTCONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM(COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES,LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS,FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT OROTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, ORARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART)ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO PARTICIPANTRESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B)PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSSOR THEFT OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL ATTHE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF AR’S ENTERTAINMENTHUB, OR (E) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE ANDINDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR INPART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFULMISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITYSHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THEPROTECED PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALFOF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVINGTHE FOREGOING SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM ORRELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY ORAUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILDPARTICIPANT.
- Dispute Resolution.
- A. Arbitration. Any dispute or claim arising out of or relating to this Agreement, breach thereof, thePremises, Activities, property damage (real or personal), personal injury (including death), or the scope,arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the parties in theirindividual capacity and not as a plaintiff or class member in any purported class or representative capacity,and settled by binding arbitration before a single arbitrator administered by the American ArbitrationAssociation (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand forarbitration is filed. Judgment on the arbitration award may be entered in any federal or state court havingjurisdiction thereof. The arbitrator shall have no authority to award punitive or exemplary damages. If theDispute cannot be heard by the AAA for any reason, the Dispute shall be heard by an arbitrator mutuallyselected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition anappropriate court to appoint an arbitrator. Arbitration and the enforcement of any award rendered in thearbitration proceedings shall be subject to and governed by 9 U.S.C. § 1 et seq.
- Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, ADULT PARTICIPANT ANDAR’S ENTERTAINMENT HUB, willingly, AND VOLUNTARILY, WITH FULL AWARENESSOF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTERHAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TOWAIVE THEIR RIGHT TO a JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY ANDALL DISPUTES THROUGH ARBITRATION. The right to a trial by jury is a right parties would ormight otherwise have had under the Constitutions of the United States of America and the state in whichthe Premises is located.
- License. Participant irrevocably grants the Protected Parties the right to use all or a portion of an image orvideo of Participant and their name and likeness in all forms and media including composite or modifiedrepresentations for all purposes, including advertising, trade or any commercial purpose throughout theworld and in perpetuity. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVEVERSIONS OF IMAGES OR VIDEOS USED FOR PUBLICATION OR THE WRITTEN COPYTHAT MAY BE USED IN CONNECTION WITH THE IMAGES/VIDEOS. PARTICIPANTRELEASES THE PROTECED PARTIES FROM ANY CLAIMS THAT MAY ARISEREGARDING THE USE OF PARTICIPANT’S STATEMENTS, VIDEOS, OR IMAGESINCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, ORINFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT.
- Authority. If Adult Participant signs this Agreement on behalf of his/her spouse, child, family member,friend, minor child, or other person, Adult Participant warrants and represents to AR’s Entertainment Hubthat he/she has the legal authority and such person’s actual and implied authority to execute thisAgreement on their behalf, including, but not limited to, the arbitration clause, release, indemnityagreement, and license.
- Acknowledgments. Participant represents to the Protected Parties that this Agreement is a complete andfinal release and indemnity agreement, that Participant is voluntarily entering into this Agreement, and norepresentations, promises, or statements made by any of the Protected Parties has influenced Participant insigning this Agreement. Participant agrees that there are no oral agreements, representations, promises, orwarranties that are not expressly set forth herein, this Agreement may only be modified in writing, andthat Participant is not relying on any statements or representations of the Protected Parties that are notexpressly contained herein. Participant expressly agrees that this Agreement is intended to be as broadand inclusive as is permitted by the laws of the state in which the Premises is located and that if anyportion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legalforce and effect. Venue for any action brought hereunder or due to Participant’s use of the Premises orparticipation in the Activities shall lie in the County in which the Premises is located. The substantivelaws of the state in which the Premises is located shall apply. By signing below, Participant authorizesAR’s Entertainment Hub to communicate with Participant via email with updates, news, advertisements,and offers.
- Representations by Participant. Participant represents to the Protected Parties as follows:
- Participant shall obey all rules while participating in the Activities and alert the staff of any rulesviolations or dangerous behavior.
- Participant possesses a sufficient level of skill and physical fitness for safe participation in the Activities.
- Participant shall only attempt Activities that Participant can perform safely.
- Participant is not aware of any health problems that would prevent him/her from participating in theActivities.
- Participant has received either medical clearance from his/her physician prior to participation in theActivities or has determined that such clearance is not necessary for his/her safe participation in theActivities.
- AR’s Entertainment Hub may, but shall not be obligated or required to, administer to Participantemergency aid, CPR, and use an AED (defibrillator), secure emergency medical care or transportation(i.e., EMS), and Participant shall assume all costs of emergency medical care and transportation.
- Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort(e.g., faintness, shortness of breath, high anxiety, or chest pains).
BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TOREAD THIS AGREEMENT, I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AGREETO BE BOUND AS SET FORTH HEREIN.