Participation Waiver

Release of Liability, Waiver, and Assumption of Risks

The undersigned individual desires to participate in nerf war activities and/or related recreational activities at premises owned and/or operated by Westchester War Zone* (collectively and/or individually, the “WWZ”, “Facilities”, “WWZ and Facilities”). In consideration for the WWZ permitting me to use the premises including the nerf war arena, inflatable walls, party rooms, and other recreational facilities located indoors or outdoors, as well as, participation in organized activities, I have agreed to execute this Release of Liability and Assumption of Risks (the “Release”).

I hereby acknowledge and accept and agree THAT NERF WAR ACTIVITIES AND/OR OTHER RELATED RECREATIONAL ACTIVITIES AT OR ORGANIZED BY THE WWZ INVOLVE INHERENT RISKS. I received full information regarding the use of the Facilities and had the opportunity to ask any questions that I wished. Further, I have had the opportunity to examine the Facilities and have full knowledge of the nature and extent of all the risks associated with obstacle training and the use of the Facilities including, but not limited to:

a. All manner of injury resulting from physical activity during nerf war games including running, tripping, falling, or contact with inflatable obstacles, walls, other players, or equipment;

b. Abrasion, impact and other injuries resulting from activities in or near the nerf war arena, including, but not limited to, foam projectile impact, running, dodging, and physical play;

c. Injuries resulting from the actions or omissions of others including, but not limited to, other players, dropped items, or personal effects;

d. Cuts and abrasions resulting from skin contact with equipment, inflatables, or any other surface;

e. Failure or misuse of nerf guns, foam projectiles, protective gear, inflatable barriers, or any part of the facility or any other surface;

f. Failure to follow the WWZ’ employee’s instructions or failure to ask for information or assistance;

g. Failure to follow facility rules or use equipment properly;

h. Dangers and injuries that may exist due to inclement weather.

I further acknowledge that the above list is not a comprehensive recitation of all possible risks associated with the use of the Facilities and I agree that such list in no way limits the extent or reach of this Release of Liability Waiver and Assumption of Risks form. If, while using the Facilities, I see or hear anything that I feel is questionable or dangerous, it is my responsibility to inform a WWZ’ employee and follow appropriate procedures and instructions thereby given.

I expressly agree and hereby promise to accept and assume all the risks associated with nerf war activities and recreational play at the Facilities, both known and unknown. My participation in this activity is purely voluntary: I elect to participate in these activities in spite of the risks.

I hereby acknowledge that the WWZ provide orientation and/or instruction before use of the Facilities to all visitors. The WWZ also provide users with the option to inspect the premises and related equipment before choosing to use them. For advanced usage of the Facilities individuals must pass a certification test. I understand that if I need additional assistance, orientation, instruction, training or assessment during my participation at the Facilities at any future time that it is my responsibility to seek such assistance, orientation, instruction, training or assessment from The WWZ’ staff prior to participating in any activity for which I am not trained or qualified. Gear provided by the WWZ, if any, is intended to protect individuals from harm or negligence that may result from, but is not limited to, use of the Facilities. I agree that I have a duty to inspect and exercise good judgment and act in a responsible manner while using the Facilities or participating in any other related activity and/or outdoor trips, and to obey all oral and written instructions and warnings prior to or during use. I agree that I have a duty to refrain from using the Facilities or participating in any other related activity and/or outdoor trips when under the influence of drugs and/or alcohol. I further agree that I am responsible for paying the appropriate rate in exchange for the use and training at the Facilities. My signature below indicates that the WWZ’ staff has presented this information to me and I fully understand this information.

I, on behalf of myself, my spouse, children, heirs, administrators and assigns, also agree to release and discharge the WWZ and all and each of the WWZ’ employees, agents and representatives, as well as all other persons, corporations, or other entities that might have any liability to me (the “Released Parties”), from and against any and all damages, actions, claims and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from any activity, occurrence, or event involving the Facilities or caused by the passive or active negligence of the Released Parties. This Release is intended to release and discharge the Released Parties from all damages, actions, claims and liabilities of any nature, specifically including, but not limited to, damages, actions, claims and liabilities arising from or related to the negligence of the Released Parties. I further agree to indemnify, hold harmless, and defend the WWZ from and against any loss, damage, liability and expense, including costs and attorneys’ fees, incurred by the WWZ as a result of my using Facilities or participating in any activity sponsored by or involving the WWZ.

The duration of this agreement shall continue until it is cancelled or modified by written agreement. The laws of the State of New York shall govern the rights and obligations of the parties to this Release and the interpretation, construction, and enforceability thereof. I agree that any lawsuit brought against any Released Parties shall be brought solely in the New York State Supreme Court. The WWZ reserves the right to use any photograph taken at The Facilities, during a nerf war event, a birthday party or private group, in the WWZ’ promotional materials, brochures, and website.

I HEREBY VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR LITIGATION INVOLVING ANY RELEASED PARTY.

THIS RELEASE IS A BINDING LEGAL CONTRACT. PLEASE READ IT CAREFULLY BEFORE SIGNING. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.

*Westchester War Zone facilities and/or its subsidiaries include Fitness by Lifestyle TWG, LLC d/b/a The Westchester Gym / Westchester War Zone.

Parental / Guardian Consent

As legal guardian of my designated student(s) (student(s)), I hereby consent to all student(s) participating in this facility’s program(s). I recognize that potentially severe injuries can occur in any activity involving height or motion, including, but not limited to, nerf war activities and related recreational activities including running, dodging, physical contact with foam projectiles, inflatable obstacles, and physical activity in general. I understand that it is the express intent of all staff and personnel to provide for the safety and protection of my student(s) and, in consideration for allowing my student(s) to use these facilities, I hereby COVENANT NOT TO SUE and FOREVER RELEASE this facility, affiliated and partner companies and organizations, property owners and lessors, staff, contractors, subcontractors, teachers, coaches, owners, directors and other members involved in this facility’s program(s), from all liability and for any and all damages and injuries suffered by my student(s) during instruction, supervision, and/or control during any and all classes or extra activities.

Electronic Signature Consent

By checking the box below, you 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, 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.