WAIVER AND RELEASE AGREEMENT
(“Agreement”)
IN CONSIDERATION OF THE RISK OF INJURY OR LOSS WHILE PARTICIPATING IN THE “ESCAPE THIS LIVE GAME” OR “ANARCHY AXE THROWING” ORGANIZED BY ANY AND ALL ETL ENTERPRISES, LLC LOCATIONS AND OTHER ACTIVITIES UPON THE PREMISES LOCATED IN INDIANAPOLIS, IN (9546 Allisonville Road, Indianapolis, IN 46250) (“PREMISES”) (“Activity”), I ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical, mental and emotional condition to participate in such Activity. I further agree and warrant that if, at any time, I believe the conditions to be unsafe, or if I am unfit for any component of the Activity participation, I will immediately discontinue participating in the Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY, and I am participating in the Activity entirely at my own risk. I FULLY UNDERSTAND THAT THE ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, including but not limited to, physical and psychological injury, emotional and physical loss, pain, suffering, illness, disfigurement, permanent or temporary disability, paralysis, and death (“Risks”). I acknowledge the Risks and other dangers may be caused by my own actions, inactions, negligence, conditions related to travel, the condition of the Premises, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or the negligence of the Releasees named below. I acknowledge there may be other risks or social and economic losses either not known to me or not readily foreseeable at this time.
Nonetheless, I FULLY ACCEPT AND ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation, or that of the Minor named for which I take responsibility in participation for Activity, in the Activity, including travel to, from and during Activity. I ALSO FULLY UNDERSTAND AND ACKNOWLEDGE THAT THE ACTIVITY INVOLVES: simulated confinement in a room, mentally intense situations may be physically intense and induce stress. Physical activity may include, but not limited to, standing, bending, reaching, lifting, fast movement, limited vision, variations of lighting, feelings of pressure, enclosed space, exposure to laser lights, etc. This list is not intended to be an exhaustive list of all exposures that may incur in the Activity. I acknowledge that I have been informed by ETL Enterprises, LLC that if I have any health limitations then I may choose not to participate in the Activity. In the event that any damage to equipment or facilities occurs as a result of my willful actions or my family’s willful actions or any participant accompanying me in their willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I AND EACH OF MY HEIRS, PERSONAL REPRESENTATIVES, GUARDIANS, CONSERVATORS, AGENTS, SUCCESSORS AND ASSIGNS, AGREE TO HOLD HARMLESS AND COVENANT NOT TO SUE, AND HEREBY RELEASE AND DISCHARGE, ETL Enterprises, LLC, its owners, administrators, directors, managers, agents, officers, members, volunteers, employees, participants, officials, insurers, affiliates, successors and assigns, in their official and individual capacities, and owners and leasers of the Premises on which the Activity is conducted (each of the forgoing shall be considered one of the “Releasees” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE ACTIVITY, INCLUDING THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, AND I FURTHER AGREE that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I or anyone on my behalf makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as a result of such claim.
Such release, discharge, and covenant not to sue to Releasees includes, without limitation, any possible legal claim for an act, or failure to act, amounting to negligence but not limited to and without limitation, negligence, gross negligence, wilful misconduct, including the failure to take reasonable steps to safeguard or protect me fiorn the risk, dangers, and/or hazards of participating in the Activity and/or breach of statutory or other duty including duties arising from occupier’s liability legislation on the part of any of the Releasees. I acknowledge that the Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting or participating in the Activity. ETL Enterprises, LLC Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement with Parental Consent (“Agreement”)
THIS AGREEMENT WAS ENTERED INTO WITHOUT DURESS OR COERCION, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and ETL Enterprises, LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this THE RELEASOR ACKNOWLEDGES AND ACCEPTS that the Activity is inherently risky and dangerous, and there is the possibility of personal injury death, property damage and/or loss resulting therefrom. THE RELEASOR AGREES AND UNDERSTANDS that in order to participate in the Activity on the date set out below, he/she must agree to be bound by the terms of this Release of Liability, Waiver and Assumption of Risk.
THE RELEASOR HEREBY confirms that by executing this Agreement, he/she is representing that he/she is of the full age of majority and that he/she has read, and understands, this Agreement. The Releasor acknowledges that he/she is not under the influence of any substances, including alcohol, illicit drugs , or prescription drugs, which may affect or impair his/her motor skills, judgment, or general ability to think clearly. ETL Enterprises, LLC may take photographs, videos of your participation in the activity, which may be uploaded to one or more social media outlets and/or used on the Anarchy Axe Throwing or ETL Enterprises, LLC website, and you consent to the taking of such photographs and videos.
THE RELEASOR ACKNOWLEDGES that this Release of Liability, Waiver and Assumption of Risk contains the entire agreement between the parties hereto, that the terms of this Release of Liability, Waiver and Assumption of Risk are contractual are not a mere recital and any breach of these terms may be enforced against the Releasor, and may give rise to a damage claim against the Releasor enforceable by a further legal proceeding. The Releasor further acknowledges that the Releasors have not made any oral, written or visual representations or statements that are not otherwise reflected in this Agreement. This Agreement shall be governed by the laws of the State of Indiana, without regard to its choice of law principles.
I, THE UNDERSIGNED, OR THE PARENT/GUARDIAN OF THE MINOR, CERTIFY THAT I HAVE READ THE ENTIRETY OF THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I understand that I have given up substantial rights by signing this Agreement. I am aware that this is a release of liability and a contract and that I am signing it of my own free will without any inducement or assurance of any nature and I intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law.
I hereby agree and submit to the institution of the courts located in Marion County, Indiana with respect to any dispute or controversies arising out of this Agreement.