THE FUN LAB, INC. is a family entertainment center (including, but not limited to attractions including miniature bowling, ropes course, laser tag, laser maze, bumper cars, virtual reality, dark ride, ballocity kids play area and a variety of arcade games).
INHERENT RISKS. It is important that each PARTICIPANT and each PARENT/GUARDIAN of each MINOR PARTICIPANT understand that The Fun Lab ACTIVITIES include some know as well as unknown INHERENT RISKS of injury. These INHERENT RISKS are risks that cannot be eliminated without changing the very nature of the activity. The following are some examples of INHERENT RISKS associated with THE FUN LAB ACTIVITIES and facilities: Collisions with equipment of other participants; Attempting stunts, maneuvers or actions beyond the participant’s capacity, skill or ability; Being struck by a ball or other thrown object; Slipping or tripping and falling; Loss of grip or swinging on the ropes course; Jumping and striking poles or nets, basketball rims, etc.; Jumping off the pad surface and landing on a hard surface; Entrapping foot under equipment padding; Unexpected equipment failures; Missing or misplaced padding or mats; Over-exertion; Communicable diseases; or Poor judgment or erratic behavior by the participant, other participants, or THE FUN LAB personnel. INJURIES. Each PARTICIPANT and each PARENT/GUARDIAN of each MINOR PARTICIPANT must understand that INJURIES can occur as a result of participating in THE FUN LAB ACTIVITIES. While not comprehensive or all-inclusive, the types of potential INJURIES can described as minor, serious or catastrophic: * MINOR INJURY. These injuries may include, but is not limited to, painful muscle strains and sprains, headaches, bruises, and abrasions. * SERIOUS INJURY. Some examples of serious injuries are broken bones, damaged ligaments and other painful joint injuries, concussions, and eye injuries. * CATASTROPHIC INJURY. Some examples of catastrophic injuries are brain damage, paralysis, heart attack, and death. SAFETY. Before participation in any THE FUN LAB ACTIVITIES, each PARTICIPANT and each PARENT/GUARDIAN of each MINOR PARTICIPANT agrees to: 1) review a safety video (LASER TAG ONLY), 2) review and follow all posted rules and policies, and 3) follow any instructions, commands, directions or advise provided by any THE FUN LAB personnel. RELEASE AND WAIVER OF LIABILITY FOR NEGLIGENCE: In consideration of permission to use the THE FUN LAB property, facilities, and services, today and on all future dates during the next twelve months, I, the PARTICIPANT, and/or I as a PARENT/GUARDIAN of a MINOR PARTICIPANT, on behalf of myself, my heirs, my parents my spouse (if married), my representatives, and my assigns [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, THE FUN LAB/BLAINE ENTERTAINMENT PARTNERS INC. its owners, directors, officers, affiliates, employees, volunteers, independent contractors, equipment providers, and agents [hereafter referred to as Protected Parties] from liability from any and all claims arising from the ordinary negligence of THE FUN LAB or the other Protected Parties arising from participation in any THE FUN LAB ACTIVITIES. COVENANT NOT TO SUE: I, the PARTICIPANT, and/or I as a PARENT/GUARDIAN as a MINOR PARTICIPANT, agree never to institute any suit or action at law or otherwise against any of the Protected Parties or to assist in the prosecution of any claim for damages or any cause of action which I may have by reason of Injuries arising from any THE FUN LAB ACTIVITIES caused by or related to the ordinary negligence of any of the Protected Parties. I further expressly agree that my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the Protected Parties, nor shall they initiate or assist in the prosecution of any claim for damages or cause of action which they may have by reason of Injuries arising from any THE FUN LAB ACTIVITIES caused by or related to the negligence of any of the Protected Parties. EXPRESS ASSUMPTION OF RISKS: I, the PARTICIPANT, and/or I as a PARENT/GUARDIAN of a MINOR PARTICIPANT, on behalf of myself, my heirs, my parents my spouse (if married), my representatives, and my assigns, have read the above paragraphs and know that THE FUN LAB ACTIVITIES involve INHERENT RISKS which vary with the activity. I understand the demands of those activities relative to each participant's individual physical condition and skill level, and I appreciate the types of injuries that may occur as a result of THE FUN LAB ACTIVITIES and their potential impact on each participant's well-being and lifestyle. I, hereby assert that participation is voluntary and that I knowingly assume all inherent risks as a PARTICIPANT or as a PARENT/GUARDIAN of a MINOR PARTICIPANT.
INDEMNIFICATION: I, the PARTICIPANT, and/or I as a PARENT/GUARDIAN of a MINOR PARTICIPANT, agree to hold harmless, defend, and indemnify THE FUN LAB/BLAINE ENTERTAINMENT PARTNERS, INC and the Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees and related expenses) from any and all claims of the Releasing Parties arising from my injury or loss due to the participation at THE FUN LAB arising from the ordinary negligence of THE FUN LAB or Protected Parties.
I further agree to hold harmless, defend, and indemnify THE FUN LAB/BLAINE ENTERTAINMENT PARTNERS, INC and the Protected Parties (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) against any and all claims of co-participants, rescuers, and others arising from my conduct (or that of the minor) in the course of participation at THE FUN LAB (including claims arising from the INHERENT RISKS of THE FUN LAB ACTIVITIES and those arising from the ordinary negligence of THE FUN LAB or Protected Parties). RELEASE IS OPTIONAL: I, the PARTICIPANT and/or I as a PARENT/GUARDIAN of a MINOR PARTICIPANT, acknowledge, understand and agree that I had the opportunity, before voluntarily deciding to enter into the agreement, to negotiate different release, waiver, assumption of risk and/or indemnity terms for a substantially higher participation fee. I have decided not to pay a substantially higher fee for the THE FUN LAB ACTIVITIES, and I hereby waive the right to bargain for terms different than those set forth herein.
I, the PARTICIPANT, and/or I as a PARENT/GUARDIAN of a MINOR PARTICIPANT, confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire release agreement with THE FUN LAB and cannot be modified or changed in any way by representations or statements by any agent or employee of THE FUN LAB.. I further expressly agree that the foregoing Release and Waiver of Liability, Covenant Not To Sue, Assumption of Risk, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of MINNESOTA and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I also understand that if any legal action is brought, the appropriate trial court for the County of ANOKA in the State of MINNESOTA has the sole and exclusive jurisdiction and that only the substantive laws of the State of MINNESOTA shall apply.
Acknowledgment of Understanding: I, the PARTICIPANT, and/or I, as a PARENT/GUARDIAN of a MINOR PARTICIPANT, have read this Agreement and understand that I have given up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury, or loss. I acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to inherent risks and/or the ordinary negligence of the Protected Parties, to the greatest extent allowed by law of the State of MINNESOTA. Additionally, I, the PARENT/GUARDIAN of a MINOR PARTICIPANT, assert that I have explained the risks of the activity to my minor son or daughter and that he or she understands this Agreement.
I, the PARTICIPANT, agree to grant THE FUN LAB permission to use my likeness in a photograph in any and all of it's publications, including but not limited to all of THE FUN LAB's printed and digital publications. I understand and agree that any photograph using my likeness will become property of THE FUN LAB and will not be returned.
I, the PARTICIPANT, acknowledge that my participation at THE FUN LAB is voluntary and I will receive no compensation for the usage of my likeness