RELEASE AND WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT ("AGREEMENT")
PLEASE READ CAREFULLY. BY ENTERING, YOU ARE GIVING UP YOUR AND/OR YOUR MINOR’S LEGAL RIGHTS.
In consideration for being allowed to participate in the services and activities, including but not limited to, league play, interactive games, physical activity, access to the seating and bar area, and access to any other amusement activities (the “Activities”) provided by Rec Hall Holdings LLC and its subsidiaries and its agents, owners, officers, directors, principals, volunteers, clients, customers, invitees, employees, independent contractors, insurers, facility operators, premises owners, equipment owners or providers, and any and all other persons and entities acting in any capacity on its behalf (collectively “Rec Hall”), on behalf of myself, and/or on behalf of my minor child, and each of our heirs, assigns, next of kin, personal representatives and estate, and all other persons and entities who could in any way represent me or them or act on my or their behalf, I agree to the following:
Assumption and Acknowledgement of Risk. I am fully aware of the risks and hazards connected with the Activities, and I am aware that such Activities include the risk of injury. I hereby elect to voluntarily participate and/or let my child participate in the Activities, knowing that the Activities may be hazardous and result in injury. I understand that Rec Hall does not require me to participate in the Activities and I am electing to participate in the Activities on my own accord. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, which may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in the Activities, WHETHER CAUSED BY THE FAULT OR NEGLIGENCE OF REC HALL or otherwise, to the fullest extent allowed by law. I acknowledge that alcohol is served at REC HALL, I am in no way required to consume alcohol and acknowledge that consuming alcohol may inhibit my decision making and fine-motor skills.
COVID-19: COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It is believed that an individual can be in infected with COVID-19 without their knowledge and be asymptomatic. REC HALL has put in place preventative measures to reduce the spread of COVID-19. However, REC HALL cannot guarantee that I or anyone else will not become infected with COVID-19, including my spouse, guests, unborn child, or relatives. Participation in the REC HALL Activities or related event, could increase the risk of contracting COVID-19. By signing this agreement, I ACKOWLEDGE the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK that I may be exposed to or infected by COVID-19 by participating in the REC HALL Activities or related event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself, my spouse, guests, unborn child, or relatives. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL the foregoing risks related to COVID-19 and accept sole responsibility for any injury or illness that may occur. Further, I UNDERSTAND AND AGREE that this release includes any Claims based on the actions, omissions, or negligence of REC HALL, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any of the REC HALL Activities.
Release of Liability and Promise not to Sue. In consideration for receiving permission to participate in the Activities, I hereby COVENANT NOT TO SUE, RELEASE, WAIVE, AND DISCHARGE REC HALL from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in the Activities, while in, on or upon the premises where the Activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE FAULT OR NEGLIGENCE OF THE REC HALL, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
Indemnification. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS REC HALL from any loss, liability, damage, or costs, including court costs and attorneys' fees that Rec Hall may incur due to my participation in the Activities, WHETHER CAUSED BY THE FAULT OR NEGLIGENCE OF REC HALL or otherwise, to the fullest extent allowed by law.
Photography. I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured by REC HALL, its affiliated entities or contractors, and/or the media shall become the sole property of REC HALL. I grant the right, permission and authority to REC HALL to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that REC HALL, as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
Venue and Other Agreements. It is my express intent that this Release and Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named REC HALL. I hereby further agree that this Release and Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Missouri and that any mediation, suit, or other proceeding must be filed or entered into only in Missouri and the federal or state courts of Missouri. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
BY ACCEPTING THIS WAIVER AND ENTERING REC HALL, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Release and Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age or the guardian of a minor child and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.