Liability Waiver and Release of Claims for Mini Golf, Food, and Beverage Services
Parties; Activity; Premises
1. Parties. This Liability Waiver and Release of Claims (this Agreement) is entered into by and between:
1. Company. Tapshot Inc., a Texas for-profit corporation with its principal place of business at 2630 Bill Owens Parkway, Longview, Texas 75604 (Company), together with its past, present, and future owners, members, shareholders, directors, officers, managers, employees, agents, contractors, representatives, successors, and assigns, and any landlord, property owner, and affiliate involved with the ownership, operation, or management of the premises (collectively, the Released Parties); and
2. Participant. The undersigned individual identified below (Participant), and, if Participant is under the age of majority in the applicable jurisdiction, the undersigned parent or legal guardian of Participant (Parent/Guardian), on Participant’s and Parent/Guardian’s own behalf and on behalf of their respective heirs, assigns, executors, administrators, personal representatives, and next of kin (collectively, the Participant Parties).
2. Description of Activity and Services. Company owns and/or operates a recreational facility that includes, without limitation, one or more mini golf courses, related recreational or amusement activities, and on-premises food and beverage service, which may include alcoholic beverages where legally permitted (collectively, the Activity). The Activity includes Participant’s:
1. Entry onto and presence at Company’s premises, including parking areas, walkways, restrooms, seating, patio areas, dining or concession areas, bar areas, and all other interior or exterior spaces used by Company or accessible to Participant (collectively, the Premises).
2. Participation in any mini golf or other recreational use of the Premises, whether as a player, observer, chaperone, or guest.
3. Purchase, possession, and/or consumption of any food, non-alcoholic beverages, and, where legally permitted, alcoholic beverages on the Premises (collectively, Food and Beverages).
4. Use of any equipment, supplies, or property provided, owned, leased, or controlled by Company, including but not limited to golf clubs, golf balls, scorecards, pencils, seating, tables, furnishings, decorations, and attractions (Equipment).
3. Condition Precedent to Participation. Execution of this Agreement by Participant (and, if applicable, by Parent/Guardian) is an express condition precedent to Participant’s access to and use of the Premises, participation in the Activity, and/or purchase or consumption of any Food and Beverages at the Premises.
Use of Premises and Compliance with Rules
1. Use of Premises for Activity Only. Participant understands and agrees that Participant may access and use the Premises solely for lawful purposes related to the Activity and as permitted by Company’s posted rules, policies, and instructions, as may be modified from time to time in Company’s sole discretion.
2. Compliance with Rules and Instructions. Participant agrees to:
1. Comply with all written rules, policies, and instructions posted on the Premises or otherwise communicated by Company, including, without limitation, rules regarding:
1. Safe play and conduct on the mini golf course.
2. Proper use of Equipment.
3. Food and Beverage service and consumption, including alcohol-related restrictions.
4. Non-smoking or smoking areas, where applicable.
5. Age restrictions and identification requirements for alcohol consumption.
2. Promptly comply with any verbal instructions, warnings, or directions given by Company’s employees or representatives regarding the use of the Premises, the Activity, the Equipment, or Food and Beverages.
3. Refrain from engaging in any behavior that Company, in its sole discretion, deems unsafe, disruptive, disorderly, or inconsistent with a family-friendly recreational environment, including, without limitation:
1. Running, pushing, roughhousing, or horseplay on or around the mini golf course or in food, beverage, or bar areas.
2. Using Equipment in any manner other than its ordinary and intended recreational use.
3. Consuming alcoholic beverages in any prohibited area or at any time or in any manner inconsistent with Company rules or applicable law.
3. Right to Refuse or Terminate Access. Company may, in its sole and absolute discretion, refuse entry to, or remove from, the Premises any Participant who:
1. Violates or appears likely to violate any rule, policy, or instruction.
2. Appears to be under the influence of alcohol or drugs to a degree that may present a safety risk or disturbance to others.
3. Engages in behavior that Company deems unsafe, disruptive, or inappropriate.
4. Fails or refuses to sign this Agreement or otherwise to cooperate with Company’s reasonable safety and compliance measures.
4. Responsibility for Cleanup and Damage to Premises. If Participant organizes or participates in a group event, party, or reservation, Participant agrees that:
1. Participant will use reasonable efforts to leave any reserved or occupied area of the Premises in a clean and orderly condition, subject to ordinary and reasonable wear and tear resulting from permitted use.
2. Participant shall bear responsibility for any damage to the Premises, Equipment, furnishings, or fixtures caused by Participant or Participant’s guests, invitees, or minors under Participant’s supervision, normal wear and tear excepted.
Assumption of Risk
1. General Acknowledgment of Risks. Participant acknowledges that recreational and social activities such as mini golf and the use of related facilities, including the consumption of Food and Beverages, involve inherent, known, and unknown risks, hazards, and dangers, and that such risks cannot be completely eliminated without impairing the essential character and enjoyment of the Activity.
2. Specific Risks Associated with Mini Golf and the Premises. Without limiting the generality of the foregoing, Participant understands and expressly acknowledges that the Activity and use of the Premises may involve risks including, but not limited to:
1. Slips, trips, and falls on uneven, sloped, wet, or otherwise irregular walking surfaces, including artificial turf, pathways, steps, ramps, curbs, and parking areas.
2. Impact or collision with:
1. Obstacles, decorations, barriers, curbs, landscaping, or other course features.
2. Balls, golf clubs, or other Equipment used by Participant or by other patrons.
3. Furniture, fixtures, or other movable or fixed objects on the Premises.
3. Strains, sprains, or other musculoskeletal injuries arising from bending, twisting, swinging clubs, or walking across varied terrain.
4. Injuries resulting from the actions, omissions, or negligence of other patrons or third parties, including but not limited to inadvertent contact with golf clubs, golf balls, or personal property.
5. Weather-related risks, including, without limitation, exposure to sun, heat, cold, rain, wind, or other outdoor conditions, and associated risks such as dehydration, sunburn, heat exhaustion, or hypothermia, as applicable.
3. Risks Associated with Food and Beverage Consumption. Participant further acknowledges and assumes the risks associated with the purchase, possession, and consumption of Food and Beverages on the Premises, including, without limitation:
1. Risks of foodborne illness, contamination, or spoilage, despite Company’s use of reasonable food safety measures.
2. Risks of allergic reactions or sensitivities to ingredients, including, without limitation, peanuts, tree nuts, dairy, eggs, soy, wheat, gluten, shellfish, and other potential allergens or intolerances.
3. Risks of gastrointestinal distress, choking, or other adverse reactions resulting from consumption of Food and Beverages.
4. Risks Associated with Alcoholic Beverages. Where legally permitted, Company may offer alcoholic beverages for sale and consumption on the Premises. Participant acknowledges and assumes all risks associated with the purchase, possession, and consumption of alcoholic beverages, including, without limitation:
1. Impaired judgment, reduced coordination, slowed reaction time, and diminished capacity that may increase the likelihood of:
1. Slips, trips, and falls.
2. Collisions with other patrons, obstacles, or Equipment.
3. Other accidents or injuries during participation in the Activity or movement about the Premises.
2. Adverse physical or psychological reactions to alcohol, including but not limited to nausea, dizziness, blackouts, or other health complications.
3. Interactions between alcohol and medication, or pre-existing health conditions, that may pose heightened risks, which Participant is solely responsible for evaluating with Participant’s own medical providers.
4. The potential for injuries or damages occurring after Participant leaves the Premises that may be associated with Participant’s prior consumption of alcohol.
5. Voluntary Participation; Opportunity to Ask Questions. Participant represents and warrants that:
1. Participant is voluntarily choosing to participate in the Activity and to use the Premises and Equipment, with full knowledge and understanding of the risks involved.
2. Participant has had the opportunity to ask Company questions regarding the nature of the Activity, the Premises, the Equipment, and Food and Beverage offerings, and has either received satisfactory answers to such questions or has voluntarily elected to proceed without further inquiry.
6. Assumption of Risk. To the fullest extent permitted by applicable law, Participant, on behalf of the Participant Parties, knowingly, freely, and voluntarily assumes all risks of injury, illness, death, property damage, or other loss arising, directly or indirectly, from:
1. Participant’s access to and use of the Premises.
2. Participant’s participation in or observation of the Activity.
3. Participant’s use of the Equipment.
4. Participant’s purchase, possession, or consumption of any Food and Beverages, including alcoholic beverages.
5. The acts, omissions, or presence of other patrons, invitees, or third parties on the Premises.
6. Any condition of the Premises that is open and obvious or reasonably foreseeable in connection with recreational use.
Release of Liability
1. Release from Claims for Ordinary Negligence. To the fullest extent permitted by applicable law, Participant, on behalf of the Participant Parties, hereby irrevocably and unconditionally releases and forever discharges the Released Parties from any and all claims, demands, actions, causes of action, suits, damages, liabilities, losses, costs, and expenses (including attorneys’ fees and court costs) of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, accrued or unaccrued, in law or in equity, in contract, tort, or otherwise (collectively, Claims), arising out of or relating in any way to:
1. Participant’s entry upon or presence at the Premises.
2. Participant’s participation in, observation of, or failure to participate in the Activity.
3. Participant’s use or misuse of any Equipment.
4. Participant’s purchase, possession, or consumption of Food and Beverages, including alcoholic beverages, on or about the Premises.
5. Any alleged acts or omissions of the Released Parties constituting ordinary negligence in connection with the design, operation, supervision, maintenance, or promotion of the Premises, the Activity, the Equipment, and Food and Beverage service.
2. Scope of Release. The release set forth in this section includes, without limitation, all Claims for:
1. Personal injury, bodily injury, emotional distress, mental anguish, or death.
2. Property damage or property loss.
3. Economic loss, lost wages, or loss of earning capacity.
4. Past, present, or future medical or treatment expenses.
5. Consequential, incidental, or special damages.
3. Claims Not Released. Participant understands and agrees that nothing in this Agreement is intended to, nor shall it be construed to:
1. Release any Claims that cannot be released as a matter of applicable law, including but not limited to:
1. Claims based on gross negligence, reckless conduct, or willful or intentional misconduct of any Released Party, to the extent such release is prohibited by applicable law.
2. Claims arising solely and directly from violations of certain statutory duties that are expressly non-waivable under applicable law.
2. Limit any rights Participant may have that cannot be legally waived under the laws of the state of Texas.
4. Acknowledgment of State Law Limitations. Participant understands and acknowledges that:
1. The scope and enforceability of this release may vary depending on the law of the jurisdiction governing this Agreement.
2. To the extent that any provision of this Agreement is determined to exceed the permissible scope of a liability waiver under applicable law, such provision shall be enforced to the maximum extent allowed, and the remainder of this Agreement shall continue in full force and effect.
Covenant Not to Sue
1. Covenant Not to Sue. To the fullest extent permitted by applicable law, Participant, on behalf of the Participant Parties, hereby covenants and agrees that Participant and the Participant Parties shall not initiate, assert, file, commence, or otherwise maintain any Claim, lawsuit, arbitration, or other proceeding of any kind against any of the Released Parties arising out of or relating to any matter released under this Agreement.
2. Consequences of Breach. If Participant or any Participant Party breaches the covenant not to sue contained in this section:
1. Participant shall be liable to the Released Parties for:
1. Any and all damages, judgments, settlements, and awards incurred by or imposed upon any Released Party.
2. All costs, expenses, and attorneys’ fees reasonably incurred by any Released Party in defending against such Claim or in enforcing this Agreement.
2. Participant expressly acknowledges that this covenant not to sue is a material term of this Agreement and that the Released Parties are relying on this covenant in permitting Participant to access and use the Premises and to participate in the Activity.
Indemnification
1. Indemnity Obligations. To the fullest extent permitted by applicable law, Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all Claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees, experts’ fees, and court costs) arising out of or relating to:
1. Any injury to, or death of, any person (including Participant or any third party) or any damage to property arising, directly or indirectly, from:
1. Participant’s acts or omissions while on the Premises.
2. Participant’s participation in or observation of the Activity.
3. Participant’s use or misuse of the Equipment.
4. Participant’s purchase, possession, or consumption of Food and Beverages, including alcoholic beverages, on the Premises.
2. Any Claim asserted by any third party, including any Participant Party, against any Released Party that is based, in whole or in part, on Participant’s conduct or alleged conduct.
3. Any Claim resulting from Participant’s violation of this Agreement or of any law, rule, regulation, or ordinance while on or about the Premises.
2. Defense. Participant shall, at Company’s election and request, assume the defense of any Claim subject to indemnification under this Agreement with counsel reasonably satisfactory to Company. Company may, at its option and expense, participate in such defense with its own separate counsel. Participant shall not settle any Claim in a manner that imposes any obligation, admission, or liability upon any Released Party without the prior written consent of Company.
3. Limitations. Participant’s indemnification obligations shall not apply to the extent that such Claims are finally adjudicated to have been caused solely by the gross negligence or willful misconduct of a Released Party, if and to the extent such limitation is required by applicable law.
Medical Condition; Medical Treatment Authorization
1. Health and Ability to Participate. Participant represents and warrants that:
1. Participant is in good health and physical condition, and has no known medical, physical, or mental condition that would:
1. Prevent safe participation in the Activity.
2. Be aggravated by participation in the Activity, use of the Premises, or consumption of Food and Beverages, including alcoholic beverages if Participant is of legal age and elects to so consume.
2. Participant has consulted with Participant’s own healthcare providers regarding the advisability of participating in the Activity and consuming Food and Beverages, including alcoholic beverages, as necessary in light of Participant’s personal health history, conditions, and medications.
3. Participant is not relying upon Company for any medical advice, evaluation, or opinion regarding Participant’s ability to participate in the Activity, use the Premises, or consume Food and Beverages.
2. Medical Treatment Authorization. In the event of an accident, injury, illness, or other medical emergency involving Participant while on or about the Premises or in connection with the Activity:
1. Participant authorizes Company and its employees, agents, or representatives to:
1. Administer or arrange for the provision of basic first aid or emergency care that is reasonably deemed necessary under the circumstances.
2. Contact emergency medical services and/or transport Participant, or arrange for Participant to be transported, to a medical facility for evaluation and treatment.
2. Participant agrees that:
1. Participant shall be solely responsible for all costs and expenses associated with any such medical evaluation, treatment, or transportation, including ambulance, hospital, physician, and medication costs.
2. Company shall have no obligation to provide any specific type of medical care, and the fact that Company may voluntarily render or arrange for aid shall not be interpreted as an assumption of a duty to do so.
3. Release Regarding Medical Treatment. To the fullest extent permitted by applicable law, Participant releases and discharges the Released Parties from any and all Claims arising out of or relating to:
1. Any decision by Company or its representatives to provide, seek, or not to provide or seek medical treatment for Participant.
2. The quality, nature, or consequences of any medical treatment provided or arranged by third-party healthcare providers, except to the extent caused by the gross negligence or willful misconduct of a Released Party.
Food, Allergy, and Alcohol-Specific Provisions
1. Food and Allergen Disclosures.
1. Participant acknowledges that:
1. Food and Beverages offered on the Premises may contain, or may have been prepared in facilities that also process, common allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, shellfish, and other potential allergens.
2. Cross-contact or trace amounts of allergens may exist even where Company takes reasonable efforts to avoid cross-contamination.
2. Participant agrees that:
1. Participant is solely responsible for reviewing any available ingredient or allergen information and for informing Company staff of any allergies or sensitivities, with the understanding that Company cannot guarantee an allergen-free environment.
2. Participant shall refrain from consuming any Food and Beverages that Participant reasonably believes may cause an adverse reaction.
3. To the fullest extent permitted by applicable law, Participant assumes all risks, and releases the Released Parties from Claims, associated with allergic or adverse food-related reactions, except to the extent such Claims arise from gross negligence or willful misconduct that cannot be waived under applicable law.
2. Alcoholic Beverages – Legal Eligibility and Conduct.
1. Participant represents, warrants, and agrees that:
1. Participant will not request, purchase, possess, or consume alcoholic beverages on the Premises unless Participant is of legal drinking age under applicable law and can present valid, government-issued identification upon request.
2. Participant will not purchase or furnish alcoholic beverages for, or share alcoholic beverages with, any person who is under the legal drinking age or who is otherwise prohibited from consuming alcohol under applicable law.
3. Participant will not consume alcohol in any area where such consumption is prohibited by Company or by applicable law, and will strictly comply with all posted or communicated alcohol-related rules.
2. Participant understands and agrees that Company may:
1. Refuse to sell or serve alcoholic beverages to Participant at any time, for any lawful reason, including, without limitation, if Participant appears to be intoxicated, underage, unable to present valid identification, or otherwise in violation of law or Company policy.
2. Remove alcoholic beverages from Participant or ask Participant to leave the Premises if Participant appears impaired or engages in unsafe or disruptive behavior, in Company’s sole discretion.
3. Alcohol-Related Risks and Responsibilities.
1. Participant acknowledges that the consumption of alcoholic beverages:
1. Impairs judgment, balance, coordination, and reaction time.
2. May increase the risk of accidental injury to Participant and others while using the Premises, participating in the Activity, or traveling to or from the Premises.
2. Participant agrees to:
1. Consume any alcoholic beverages responsibly and in moderation.
2. Refrain from operating any motor vehicle, bicycle, or other mode of transportation while impaired by alcohol.
3. To the fullest extent permitted by applicable law, Participant assumes all risks and releases the Released Parties from Claims arising from Participant’s voluntary consumption of alcoholic beverages, including:
1. Injuries or damages sustained by Participant on or off the Premises that are causally related to Participant’s intoxication.
2. Injuries or damages to third parties caused by Participant while under the influence of alcohol, except to the limited extent any such liability cannot be waived under applicable dram shop or similar statutes.
4. No Waiver of Non-Waivable Statutory Alcohol Liability. Participant understands and agrees that nothing in this Agreement is intended to waive, nor shall be construed as waiving, any non-waivable rights or remedies provided by applicable dram shop or similar alcohol liability statutes, to the extent such statutes expressly prohibit waiver of such rights.
Responsibility for Personal Property
1. No Bailment. Participant acknowledges and agrees that:
1. Participant is solely responsible for safeguarding Participant’s personal property, including, without limitation, money, wallets, purses, cell phones, electronics, jewelry, or other personal items brought onto the Premises.
2. Company does not assume custody or control over Participant’s personal property and does not act as a bailee with respect to any such items, regardless of where such items are stored while Participant is on the Premises.
2. Release of Claims for Loss or Damage. To the fullest extent permitted by applicable law, Participant releases and discharges the Released Parties from any and all Claims for loss, theft, or damage to Participant’s personal property occurring on or about the Premises, except to the limited extent such Claims arise solely from the gross negligence or willful misconduct of a Released Party and such waiver is not enforceable under applicable law.
No Representations by Company
1. No Guarantees or Warranties. Participant acknowledges and agrees that:
1. The Released Parties have not made any representation, warranty, guarantee, or promise, express or implied, regarding:
1. The absolute safety or security of the Premises, the Activity, the Equipment, or Food and Beverages.
2. The absence of risks or hazards associated with participation in the Activity or consumption of Food and Beverages.
2. Participant is not relying upon any statements or representations of any Released Party concerning:
1. The nature or extent of the risks of the Activity.
2. The allergen-free or risk-free nature of Food and Beverages.
3. The safety of alcoholic beverage consumption.
2. Independent Judgment. Participant confirms that:
1. Participant has made Participant’s own independent assessment of the risks and benefits of participating in the Activity, using the Premises, and consuming Food and Beverages.
2. Participant has not relied on any advertising, marketing materials, or other communications from Company as a guarantee of safety.
Compliance with Laws
1. General Compliance. Participant agrees to comply with all applicable federal, state, and local laws, statutes, regulations, and ordinances while on or about the Premises, including laws relating to:
1. Public health and safety.
2. Alcohol sale and consumption.
3. Disorderly conduct and public intoxication.
4. Smoking or vaping restrictions.
2. Alcohol and Controlled Substances. Participant agrees:
1. Not to bring to, or use on, the Premises any illegal drugs or controlled substances, and not to be under the influence of illegal drugs or controlled substances while participating in the Activity.
2. Not to engage in any conduct relating to alcohol or drugs that violates applicable law or Company policies.
3. Cooperation with Company. Participant shall cooperate with Company and any lawful requests by law enforcement or regulatory authorities while on the Premises.
Governing Law and Venue
1. Governing Law. This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, the Activity, the Premises, the Equipment, or Food and Beverages shall be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice-of-law or conflict-of-law principles that would require or permit the application of the laws of any other jurisdiction.
2. Venue and Jurisdiction. Participant agrees that:
1. Any legal action, suit, or proceeding arising out of or relating to this Agreement or Participant’s use of the Premises and participation in the Activity shall be brought exclusively in the state courts of appropriate jurisdiction situated in Gregg County, Texas.
2. Participant irrevocably submits to the personal jurisdiction of such courts and waives any objection based on improper venue or forum non conveniens.
3. Jury Trial Waiver. To the fullest extent permitted by applicable law, Participant knowingly and voluntarily waives any right to a trial by jury in any civil action, suit, or proceeding arising out of or relating to this Agreement, the Activity, the Premises, the Equipment, or Food and Beverages.
Waiver; Modification
1. No Waiver by Conduct. No failure or delay by Company in exercising any right, power, or remedy under this Agreement shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
2. Written Modifications Only. This Agreement may not be amended, modified, or supplemented except by a written instrument executed by Company and Participant. No oral statements or representations by any employee or representative of Company shall have the effect of modifying or waiving any term of this Agreement.
3. No Employee Authority to Waive Safety Rules. Participant acknowledges that no employee or representative of Company has the authority to:
1. Permit conduct that violates Company’s posted safety rules or applicable law.
2. Waive any material safety or compliance requirement on Participant’s behalf.
Survival
1. Survival of Obligations. Participant’s obligations under this Agreement, including but not limited to:
1. The releases of liability.
2. The covenant not to sue.
3. The indemnification obligations.
4. The governing law and venue provisions.
shall survive Participant’s completion of or withdrawal from the Activity, Participant’s departure from the Premises, and any termination or expiration of this Agreement.
Severability
1. Severability. If any provision or portion of this Agreement, or the application thereof to any person or circumstance, is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable:
1. Such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties; and
2. The remaining provisions of this Agreement shall remain in full force and effect and shall be construed so as to best effectuate the original intent and purpose of the parties.
2. Reformation. To the extent any provision of this Agreement is determined to be overbroad or otherwise unenforceable, the parties agree that the court shall have the authority, and is expressly requested, to modify, limit, or reform such provision to render it enforceable to the fullest extent permitted by applicable law.
Entire Agreement; Binding Effect
1. Entire Agreement. This Agreement constitutes the entire agreement between Participant and Company with respect to the subject matter herein and supersedes all prior and contemporaneous agreements, understandings, negotiations, and representations, whether oral or written, relating to:
1. Participant’s access to and use of the Premises.
2. Participant’s participation in the Activity.
3. Participant’s use of the Equipment.
4. Participant’s purchase, possession, or consumption of Food and Beverages, including alcoholic beverages.
2. No Reliance on Extraneous Representations. Participant acknowledges that Participant has not relied upon any statements, promises, or representations made by any Released Party, except as expressly set forth in this Agreement.
3. Binding Effect. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors, and assigns.
Acknowledgment and Signature
1. Acknowledgment of Understanding. By signing below, Participant (and, if applicable, Parent/Guardian) expressly acknowledges and agrees that:
1. Participant has carefully read this entire Agreement and fully understands its terms.
2. Participant understands that this Agreement includes a release of liability, a covenant not to sue, and an indemnification obligation in favor of the Released Parties.
3. Participant understands that by signing this Agreement, Participant is giving up certain legal rights that Participant or the Participant Parties may otherwise have against the Released Parties.
4. Participant is signing this Agreement freely and voluntarily, without any inducement, assurance, or guarantee, and intends for this Agreement to be a complete and unconditional release of liability to the fullest extent permitted by applicable law.
2. Opportunity to Consult Counsel. Participant acknowledges that:
1. Participant has had the opportunity to consult with independent legal counsel of Participant’s choosing before signing this Agreement.
2. Participant either has consulted such counsel or has voluntarily chosen not to do so.
3. Age and Authority Representation. Participant represents and warrants that:
1. Participant is of legal age to enter into this Agreement under the laws of the applicable jurisdiction, or
2. If Participant is a minor, the undersigned Parent/Guardian has full legal authority to sign this Agreement on Participant’s behalf and to bind Participant and the Participant Parties to its terms.
4. Electronic Signatures. To the extent permitted by applicable law, the parties agree that:
1. This Agreement may be executed by electronic signature, digital signature, or by checking an “I agree” box in an online platform, which shall be deemed to have the same force and effect as an original handwritten signature.
2. Facsimile, scanned, or electronically transmitted copies of a signed Agreement shall be treated as originals for all purposes.
Parent/Guardian Consent (Required if Participant is a Minor)
If Participant is under the age of majority in the applicable jurisdiction:
1. Parent/Guardian Representation and Consent. I, the undersigned Parent/Guardian of the minor Participant:
1. Represent and warrant that I am the parent or legal guardian of the minor Participant named below and that I have full legal authority to execute this Agreement on behalf of the minor Participant.
2. Have read and fully understand this Agreement and its legal consequences.
3. Consent to the minor Participant’s participation in the Activity, presence on the Premises, and consumption of Food and non-alcoholic Beverages (and, if and only if the minor is of lawful age under applicable law, alcoholic beverages as permitted by law and separate Company policies).
4. Agree, individually and on behalf of the minor Participant and the Participant Parties, to be bound by all of the terms of this Agreement, including the releases, covenants, indemnities, and assumption of risk provisions.
5. Agree to indemnify and hold harmless the Released Parties from any Claims arising out of or related to the minor Participant’s presence on the Premises, participation in the Activity, use of the Equipment, or consumption of Food and Beverages, to the fullest extent permitted by applicable law.
1. Participant Signature. I, the Participant, acknowledge that I have read, understood, and voluntarily agree to be bound by all terms and conditions of this Liability Waiver and Release of Claims. I recognize that by signing this Agreement, I am giving up certain legal rights that I may otherwise have against the Released Parties. I have fully read (or had the opportunity to fully read) and understand this Agreement and its legal consequences.