B&B Indoor Foam Dart Arena
1. Agreement
This LIABILITY RELEASE AND WAIVER (these “Terms”, this “Waiver”) constitutes a binding legal agreement between Blasters & Burgers LLC, a Tennessee limited liability company (“Blasters & Burgers”) and I, or a minor participant, (or “me”) as of the date of my signature to this Waiver, and as such by my entering into and Use (as defined in Section 2 below) of the participation in foam dart games, use of equipment and facilities of Blasters & Burgers (the “Services”), I agree to be bound on the terms and subject to the conditions set forth in this Waiver.
2. Use & Participation
My “Use” means: the entering into and participating in the Services provided by Blasters & Burgers at any location for any duration of time; participating in games, activities, using equipment and facilities, and or other events hosted by Blasters & Burgers for any duration of time; and participating in any other activities hosted by Blasters & Burgers for any duration of time.
3. Assumption of Risk
I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from my intended Use of the Services or my intended participation in any game, or other activity. I agree that my Use of the Services is entirely at my own risk.
I recognize and agree that my Use of the Services and any of the games, activities, training, or instruction provided at or through the Services is entirely optional and voluntary. I acknowledge and understand that there are known and unknown risks associated with my Use of the Services and the use of foam dart guns and other equipment and the Blasters & Burgers facilities. Specific risks range from minor injuries, such as contusions, fractures, scrapes, cuts, bumps to major injuries, such as catastrophic injuries such as paralysis or death. I ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT I MAY SUSTAIN, OR ANY LOSS OR DAMAGE OF PROPERTY I OWN, AS A RESULT OF BEING ENGAGED IN SUCH ACTIVITY OR SERVICES, WHETHER CAUSED BY THE NEGLIGENCE OF BLASTERS & BURGERS OR OTHERWISE.
4. Release
With full awareness and appreciation of the risks involved, and in consideration of permitting me to Use the Services, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby voluntarily forever release, waive, discharge, and covenant not to sue Blasters & Burgers LLC, or its owners, board members, partners, officers, agents, servants, independent contractors, affiliates, employees, instructors, staff, successors, and assigns (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, whether caused by the negligence of the Released Parties, any third-party using the Services, or otherwise, while participating in any activity and or while using any Services.
5. Indemnification
As such, I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, property damage, loss of use, monetary loss, or any other injury from or related to my Use of the Services whether caused by the negligence of the Released Parties or otherwise.
6. Additional Conditions of Use
(a) I agree that I am personally responsible for my, and any minor participants, safety and actions during my Use of the Services. I agree to Use the Services in a safe way and in accordance with any instructions.
(b) I agree to comply with all Blasters & Burgers policies, including but not limited to, all policies, guidelines, signage, and instructions related to health and safety, as determined by Blasters & Burgers.
(c) I agree that I will be responsible for any applicable fees for my Use of the Services, and for any and all damage, loss, or clean-up of any facilities in which the Services are hosted if and as caused by me.
(d) I hereby grant to Blasters & Burgers, full and unrestricted publishing and use rights for any photographs taken by Blasters & Burgers, and/or its staff, of myself, my likeness, my guests, their likeness, materials, products, and/or other items during my Use of the Services. I hereby release, discharge, and agree to hold harmless Blasters & Burgers from any liability by virtue of any blurring, distortion, alternations, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said photograph or any subsequent process thereof in any medium, as well as any publication thereof, including but without limitation, claims for libel or invasion of privacy.
7. General
By signing below, I acknowledge and represent that I have read this Waiver, understand it, and sign it voluntarily on my own free act and deed; that I am sufficiently informed about the risks involved in using the Studio and to decide whether to sign this Waiver; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration, fully intending to be bound by the same. This Waiver sets forth the entire agreement and understanding between me and Blasters & Burgers relating to its subject matter and merges all prior discussions, oral or otherwise. No amendment to this Waiver will be effective unless in writing signed by both parties to this Agreement. If any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of this Waiver as a whole. Blasters & Burgers shall not be deemed hereby to have waived any rights or remedies it may have in law or equity, nor to have given any authorizations or waived any of its rights under this Waiver, unless, and only to the extent, it does so by a specific writing signed by a duly authorized officer of Blasters & Burgers. I agree that this Waiver shall be governed by and construed in accordance with Tennessee law, submit to the exclusive jurisdiction of any court of competent jurisdiction in and for Knox County, Tennessee, and agree that a final judgment in any action or proceeding is conclusive and may be enforced by suit or in any other manner provided by law or in equity.
Participants (List all participants entering arena)
Legal Age Confirmation