R6, 2021-02-25

NOTE: Premier Throwing does not accept paper waivers, please submit electronically.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNIFICATION,AND ARBITRATION AGREEMENT


Notice – By signing this document you may be waiving certain legal rights, including the right to sue.

Release and Waiver of Claims; Indemnification Agreement

In consideration of being allowed to use the facilities and participate in Programs, Games and Events (“Programs”) at Premier Throwing, (the “Host”), the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Programs or the use of any equipment provided by the Host (“Equipment”). The Participant and/or his/her Parents or legal guardian(s) specifically understand that they are releasing any and all claims; including but not limited to charges, disputes, demands, suits, causes of action, rights of action, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity that arise or may arise from any acts or conduct, negligent or otherwise, of the Host, its owners, affiliates, operators, employees, agents, and officers, to the fullest extent permitted by law. ;


2) TO ASSUME ALL RISKS of participating in the Programs and using the Equipment, even those caused by the negligent or careless acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and officers. The Participant and/or his/her Parents or legal guardian(s) know, understand, and acknowledge that there are inherent risks of participating in the Programs and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death, injury to other persons, or damage to property that may arise from participating in the Programs and/or using the Equipment. The Participant and/or his/her Parents or legal guardian(s) hereby assume the risks outlined above that may relate in any way to the Participant’s and/or his/her Parents or legal guardian(s)’ past, present, or future participation in the Programs;

3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Programs and use of the Equipment, including while receiving instruction and/or training; and

4) TO INDEMNIFY and hold harmless, to the extent permitted by law, the Host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in Programs and use of the Equipment. The previous sentence shall specifically apply to any parent(s) or legal guardian(s) of any minor Participant on whose behalf this Agreement has been signed should the minor Participant be deemed unbound by this agreement at any future date in that the signing parent(s) or legal guardian(s) shall be required to indemnify and hold harmless the Host, as indicated above.

Arbitration

The Participant, and the Participant’s parent(s) or legal guardian(s), if Participant is a minor, hereby agrees to submit any dispute arising from participation in the Programs, for which Participant intends to seek damages in excess of $11,000.00, to binding arbitration. Submission shall be unlimited. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. The neutral arbitrator shall be an officer or director of any entity that operates a similar entertainment venue service in the United States. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the District Court for the Fourth District of Utah, utilizing the selection criteria for the neutral as set forth above. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Provo, Utah and shall be governed by the laws of the State of Utah. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. In the event that Participant, or the Participant’s parent(s) or legal guardian(s), if Participant is a minor, files a lawsuit in any court relating to, and/or arising from, Participant’s participation in the Programs, Participant and/or Participant’s parent(s) or legal guardian(s), by signing this document, stipulate to a cap on Participant’s damages of $11,000.00, exclusive of interest and costs. As a threshold matter, the Panel, or the Court (if a lawsuit is filed), shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law.

Photography/Videography Release

The Participant and/or his/her Parents or legal guardian(s) hereby grants to the Host, its representatives, and employees the right to take photographs and video of Participant in connection with Participant’s participation in the Programs. The Participant and/or his/her Parents or legal guardian(s) hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. The Participant and/or his/her Parents or legal guardian(s) hereby agrees that the Host may use such photographs and video of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.

The Participant and/or his/her Parents or legal guardian(s) also grant Host, the same right and permission to use written or verbal statements or testimonials made by him/her.

It is understood that no compensation has been paid and that no fee or compensation shall be due to the Participant for giving permission for use of any photographic image, likeness, name, or voice.

Personal Responsibility

The Participant and/or his/her Parents or legal guardian(s) certifies that he/she has no physical or mental condition that precludes him/her from participating in the Programs and that he/she is not participating against medical advice.

If personal protective equipment are recommended for use while participating in the Programs, and Participant chooses not to wear a helmet, he/she does so at his/her own risk and accepts full responsibility for any injury that results. The Participant’ Parents or legal guardian(s), if applicable, warrant and represent that the decisions made by the Participant with regard to personal protective equipment but outside of their presence or influence are the same decisions the Participant’s Parents or legal guardian(s) would make on his/her behalf.

The Participant understands that his/her participation in the Programs is voluntary and further understands that he/she has the opportunity to inspect the Host’s equipment and location before any participation.

The Participant understands that he/she is obligated to follow the rules of the Programs and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense, by being aware of his/her surroundings, and obeying the guidance of any Employee providing training, or supervision.

If, while participating in the Programs, the Participant observes any unusual hazard, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself from participation in the Programs and immediately bring said hazard to the attention of the Host.

Other Terms

1. Integration
This Agreement constitutes the entire and only agreement and understanding between the Parties with respect to the subject matter hereof and may not be altered, enlarged, or abridged except by an agreement in writing executed by all of the Parties hereto.

2. Binding Nature of this Agreement
The provisions of this Agreement shall inure to the benefit of, and be binding upon, the Parties hereto and their respective successors and assigns. Participant understands that Participant has the chance to consult with an attorney about this Agreement and is otherwise signing it voluntarily.

3. Severability
All the provisions of this Agreement shall be considered as separate terms and conditions. In the event that any provision hereof is determined to be invalid, prohibited, or unenforceable by a court or other body of competent jurisdiction, this Agreement shall be construed as if such invalid, prohibited, or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited, or unenforceable. Notwithstanding the foregoing two sentences, in the event that any of the provisions of this Agreement should be determined to be invalid, prohibited or unenforceable, the validity, legality and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired thereby.

4. Attorney Fees for Breach of this Agreement
In the event either Party hereto defaults in any of the covenants or agreements contained herein, the non-prevailing Party shall pay all costs and expenses, including reasonable attorneys’ fees and expert fees, incurred by the prevailing Party as a result of this default.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

I agree that violating any of the above rules or by putting yourself or anyone else in harm’s way will result in termination of participation in the Program with no refund

Parents or Guardians must also sign if the Participant is UNDER 18.


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Signature

By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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