CONSENT TO PARTICIPATE, RELEASE AND LIABILITY WAIVER
Please read this document carefully. This document includes a release of liability and waiver of legal rights by you. Please let us know if you would like additional information before signing this document.
In consideration of permitting me, to participate in the PLAY Playground attraction (the “Attraction”) offered by Play Social, Inc. and Play Social LV, LLC (together “Vendor”), I (the “Participant”) agrees as follows:
ACKNOWLEDGMENT OF RISKS
This Attraction can be hazardous and involves certain risks, inherent or otherwise, of serious physical injury, death, and/or property damage. Inherent risks include those dangers or conditions, known or unknown, which are an integral part of the Attraction, and which are not eliminated even if the Vendor acts with due care in a prudent manner. Participants in the Attraction might be exposed to inherent risks as a result of the Attraction’s activities. Other risks can occur from incidents including natural causes or activities of other persons, equipment, or third parties, either as a result of negligence or because of other reasons.
I understand the Attraction may involve risk or injury, especially if any equipment in the Attraction is not properly used, and it is my individual responsibility to learn its proper use and follow any rules of the games in the Attraction. I am responsible for my own conduct while participating in these activities and cannot rely upon anyone else to advise me of my own improper or unsafe behavior. I will exercise care in my conduct for my own safety and for the safety of others while engaging in these activities and understand I am solely responsible for assessing whether my participation in these activities is safe or suitable based on my individual experience, skills and abilities. I assume full responsibility and liability for injury or harm which occurs to myself or to others as the result of any lack of care, expertise or experience on my part.
I further understand that certain risks and injuries are possible in an environment like the Attraction, and I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. I further agree and acknowledge that there are inherent and other risks associated with the Attraction that cannot be eliminated regardless of the care taken to avoid injury or loss. Notwithstanding the risk of serious physical injury, death, and/or property damage, I expressly assume all risks and desire to participate in the Attraction, and certify I am in good mental and physical condition to participate in the Attraction. In addition, I agree to abide by all rules and regulations of the Attraction and the Vendor.
WAIVER & RELEASE OF CLAIMS
ON BEHALF OF MYSELF AS WELL AS MY HEIRS, ADMINISTRATORS, EXECUTORS, PERSONAL REPRESENTATIVES, NEXT OF KIN, AND ASSIGNS, I HEREBY KNOWINGLY AND VOLUNTARILY RELEASE AND FOREVER DISCHARGE VENDOR AND RAMPARTS LLC, AS WELL AS THEIR OWNERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, MEMBERS, EMPLOYEES, CONTRACTORS AND AFFILIATES (COLLECTIVELY, THE “RELEASEES”), FROM ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION, OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, ARISING FROM, OR IN ANY WAY CONNECTED WITH, MY PARTICIPATION IN THE ATTRACTION AND ITS RELATED ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM, DEMAND, OR CAUSE OF ACTION BASED ON NEGLIGENCE OF THE RELEASEES, RECKLESS CONDUCT, BREACH OF WARRANTY, OR BREACH OF CONTRACT, FOR BODILY INJURY, DEATH, OR PROPERTY DAMAGE.
THIS IS A FULL RELEASE OF CLAIMS, MEANING THAT I AGREE NOT TO PURSUE ANY CLAIMS AGAINST THE RELEASEES AS A RESULT OF MY PARTICIPATION IN THE ATTRACTION, INCLUDING IF I AM INJURED OR KILLED AS A RESULT OF MY PARTICIPATION, INCLUDING AS A RESULT OF RELEASEES’ CONDUCT.
THIS RELEASE SHALL BE EFFECTIVE THROUGHOUT THE DURATION OF THE ATTRACTION AND ALL ACTIVITIES RELATED TO THE ATTRACTION.
INDEMNIFICATION OF RELEASEES
I AGREE TO INDEMNIFY, DEFEND, REIMBURSE, AND SAVE AND HOLD HARMLESS THE RELEASEES FROM ANY AND ALL LOSS, LIABILITY, DAMAGES, OR COSTS THEY MAY INCUR NOW AND FOREVER, AS A DIRECT OR INDIRECT RESULT OF MY PARTICIPATION IN THE ATTRACTION AND ITS RELATED ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, LEGAL COSTS, ATTORNEYS’ FEES, COURT COSTS AND INVESTIGATIVE COSTS. THIS AGREEMENT TO INDEMNIFY APPLIES TO CLAIMS MADE BY ME OR OTHERS ARISING OUT OF AN INJURY TO ME, AND TO CLAIMS OF CO-PARTICIPANTS, RESCUERS OR OTHERS ARISING OUT OF MY CONDUCT DURING THE ATTRACTION.
I agree that this Consent to Participate, Release and Liability Waiver is intended to be interpreted as broadly as permitted by the laws of Nevada with respect to its scope and enforceability, and that if any portion herein is held to be invalid or unenforceable, the remainder of the waiver shall continue and remain in full legal force and effect. Participants specifically acknowledge and agree that Nevada law applies to the interpretation and enforceability of this agreement notwithstanding the state of residence of the participant, and notwithstanding any conflict of laws principles.
In the event of any claim, demand, or cause of action arising from my participation in the Attraction and its related activities, I hereby agree to resolve the matter exclusively through legally binding arbitration to take place in Clark County, Nevada.
In the event that Participant in the Attraction is a person under 18 years of age, Participant’s parent or legal guardian agrees to assume the foregoing responsibilities and obligations on behalf of Participant and to indemnify, defend, and hold all others harmless from and against all claims, liabilities, losses, damages, costs, expenses (including attorney’s fees), judgments, and penalties arising out of Participant’s engaging in these activities.
By my signature below, I acknowledge and represent that I have carefully read this document in its entirety, understand its contents and effect, understand that I have given up substantial rights by signing it, am aware of its contents, and am executing it voluntarily of my own free will with the intent to release all liability to the greatest extent allowed by law.
This agreement contains the entire agreement between the Parties related to the subjects covered and supersedes any and all prior agreements, understandings, representations, and statements between the parties, whether oral or written.