WAIVER OF LIABILITY
Kartcade WL, LLC Waiver and Indemnification Agreement
I, on behalf of myself and all individuals named herein (collectively hereinafter the “Guest or Guests”), confirm that I and all individuals named herein have reviewed this Waiver and Indemnification Agreement (included with the Release of Liability hereinafter referred to as the “Waiver”) and that all Guest named herein understand, acknowledge and agree to be bound by the Terms and Conditions of the Waiver. If you are signing on behalf of another person, you are acknowledging and representing that you are the parent or legal guardian of such individual. All persons under the age of 18, must have a parent or legal guardian sign this form on their behalf.
Each Guest in acceptance of the agreement, acknowledges that the use of simulators, gaming machines and consoles may pose certain risk of serious injury that are inherent in these typers of devices and equipment. The Guests named herein, agree to hold the Owners, Officers, Employees and Agents of Kartcade WL, LLC (collectively hereinafter “Kartcade”) harmless against such injuries. The Guest acknowledges that they have been made aware of the threat of physical and mental injury could occur and have elected to utilize the simulators and games contained in the Simulator Studio.
By accepting the agreement, I acknowledge and confirm, on behalf of myself and all individuals named herein, on whose behalf I am actually authorized to execute this document, that I and all individuals named herein have read or have had explained to them the above statement, and understand and agree to abide by the Safety Rules of this facility.
Guest certifies that, I and all individuals named herein:
1. have no physical or mental limitations or conditions, including pregnancy, that would prohibit or impair participation in these activities
2. am/are not intoxicated or taking any prescription or non-prescription drugs that would prohibit or impair participation
3. understand and will abide by all rules established by Kartcade..
4. acknowledge and understand that, outside of the verbal instructions, Kartcade does NOT provide guidance or instruction for how to use or participate in the simulators.
Release of Liability – Please read Carefully Before Signing
Despite all known and unknown risks, including but not limited to, serious bodily injury, permanent disability, paralysis, and death, that may be sustained while on the PREMISES, I, on behalf of myself, and all individuals named herein, including minor children, and their respective wards, heirs, assigns, personal representatives, and estates, if any (collectively, the “Guest or Guests”) hereby expressly, unconditionally, and voluntarily agree to release, relinquish, waive, hold harmless, forever discharge, and covenant not to sue Kartcade and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, employees, independent contractors, insurers, facility operators, land and/or premises owners (“Landlord”).
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF KARTCADE USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND KARTCADE HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
LIABILITY FOR PROPERTY: The Guest agrees that Kartcade is not liable for any personal property that is damaged, lost, or stolen while on or about the premises., including, but not limited to, a vehicle or its contents, or any property in a locker., whether or not Kartcade was negligent.
PHOTOGRAPHY/VIDEO RELEASE: By entering these premises, the Guest acknowledges that the Guest and all individuals named herein, including minor children, hereby grant to Kartcade the irrevocable right and permission to photograph and/or record video of the Guest. and to use all such photographs and/or recordings for any lawful purpose, including, without limitation, for advertising and promotional purposes., The Guest acknowledges and agrees that the rights granted by this release are without compensation of any kind.
TERMS OF AGREEMENT AND SEVERABILITY: The Guest understand that this Waiver extends forever into the future and will have full force and legal effect each and every time any of the Guests visit the premises, whether at the current location or any other Kartcade location or facility.
ARBITRATION AND VENUE: Any and all disputes or claims arising out of or relating to this Agreement, a breach thereof, the premises, facilities, activities, property damage (real or personal), personal injury (including death), or the scope, interpretation, arbitrability, or validity of this Waiver, including this arbitration clause, shall be brought by the parties only in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled and finally resolved exclusively by binding, confidential, and private arbitration before a single arbitrator administered by JAMS pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, including Rules 16.1 and 16.2 Expedited Arbitration Rules and Procedures and Rule 34 Optional Arbitration Appeal Procedure, in effect at the time the demand for arbitration is filed. The location of the arbitration shall be at a location determined by the arbitrator pursuant to Rule 19 that is within 100 miles of the premises at issue, unless another location is agreed upon by all parties to the arbitration. The decision and award shall be binding upon all parties, and judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. No award shall exceed the amount of the claim submitted by either party, and the arbitrator shall have no authority to award punitive or exemplary damages or attorneys’ fees. This Waiver shall be governed by, and construed and interpreted in accordance with, the laws of the State of Oregon, without regard to “choice of law” principles. Notwithstanding the provision with respect to the applicable substantive law, arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.). If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph.
By signing this Waiver, whether in paper or electronic format, I certify that I had a reasonable and sufficient opportunity to read and understand this entire Waiver and consult with legal counsel, or have voluntarily waived the right to do so; that I am actually authorized to sign this Waiver on behalf of all individuals named herein.
LEGAL RIGHTS: By signing this Waiver, I understand that I am waiving certain rights for myself and the minors named herein, including the right to pursue any legal action or claim.
AUTHORIZATION TO SIGN: By signing this Waiver, I represent, under penalty of perjury, that I have the legal authority to sign this Waiver on behalf of all individuals named herein, and I am authorized to waive any rights held by those individuals to pursue a claim or legal action against Kartcade for any injury, including paralysis or death, caused in whole or in part by the negligence or fault of Kartcade, including any of its owners, affiliates, agents, employees, insurers, vendors, and suppliers. I acknowledge and understand that Kartcade is relying upon this representation before allowing participants to enter and use this facility. I further understand, acknowledge, and agree that any fraudulent or inaccurate representation in this Waiver may subject me to certain obligations and legal action, including but not limited to, defense and indemnification, fraud, and trespass.