Liability Waiver and Release

Each individual (“Participant”, also referred to as I or me) participating in the activity or event known as laser tag (“Activity”), which is organized or operated by Elite Laser Tag, LLC (“Company”) or its affiliates or subsidiaries, must read and sign this Liability Waiver and Release (“Agreement”). Participant’s parent or legal guardian must also read and sign this Agreement. In consideration for being allowed to participate in the Activity, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I (and my parent or legal guardian) agree as follows:

  • Voluntary Participation. I understand that my participation in the Activity is strictly voluntary and entirely at my own risk. I acknowledge that my consent to the terms set forth in this Agreement is material inducement for Company to allow me to participate in the Activity, and Company would not do so in the absence of my consent as evidenced by my signature below.
  • Risk of Personal Injury. I am aware of the risks associated with participating in the Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activity location. Nonetheless, I assume all risks, either known or unknown to me, of my participation in the Activity.
  • Waiver and Release. On behalf of myself and my successors, assigns, heirs, devisees, estate, and executors (collectively, “Successors”), and to the fullest extent permitted by law, I unconditionally and forever release, waive, covenant not to sue, agree to hold harmless, and discharge Company and its affiliates and subsidiaries, along with each of their officers, directors, managers, members, employees, agents, and contractors (collectively, “Released Parties”), from all claims, judgments, costs, damages, losses, expenses, and liabilities, whether arising under a theory of contract, warranty, negligence, strict liability, product liability, or any other theory, relating to any claim I may have now or in the future with respect to any death, disability, personal injury, property damage, property theft, pecuniary or other loss, damage, cost, or expense, including reasonable attorney’s fees (collectively, “Damages”), that may be suffered by me or any third party as a result of the Activity or in connection with my acceptance of, participation in, or inability to participate in the Activity, even if the Damages are caused solely by the recklessness, negligence, or fault of one or more Released Parties (collectively, “Released Claims”).
  • I specifically understand that Company and Released Parties are not insurers of my conduct, and I agree that this Agreement will prevent me and my Successors from bringing a lawsuit, claim, or other action against Company and Released Parties and from recovering any money damages, or other legal relief from Company and Released Parties in connection with any claims for Damages related to the Released Claims.
  • Indemnification for Minor. My parent or legal guardian, by the signature below, agrees to indemnify, defend, and hold harmless Company and Released Parties from and against all claims, costs, losses, damages, and expenses (including reasonable attorney’s fees) incurred by Company and Released Parties arising out of or in connection with any Released Claims.
  • Consent to Medical Treatment. I consent to receive medical treatment which may be deemed advisable in the event of injury, accident, or illnesses during my participation in the Activity. I agree to pay for all costs related to medical response, treatment, and transport on my behalf. I further warrant and represent that I have health, accident, and life insurance (“Insurance”) adequate for my needs and that the Insurance provides coverage with respect to participation in the Activity.
  • Damage Caused by Participant. If any damage to equipment or facilities where the Activity occurs is a result of my willful actions, neglect, or recklessness, I agree to be held liable for all costs associated with the damage.
  • General Conditions. This Agreement should be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any court of law finds any provision of this Agreement to be unenforceable in any respect, it is my intention and understanding that the court will nonetheless enforce this Agreement to the maximum legal extent. To the extent permitted by applicable law, I waive the benefit of any provisions of any statute or other law that might adversely affect the rights of Company or Released Parties under this Agreement. This Agreement is governed by the laws of Utah, without reference to its choice of law rules. I irrevocably consent to the exclusive jurisdiction and venue of the federal court located in Salt Lake City, Utah and state court located at Nephi, Utah, with respect to any Released Claims, and I agree not to commence or prosecute any claim in any other court or jurisdiction.
  • Acceptance by Participant. I affirm (and my parent or legal guardian also affirms) that I am freely signing this Agreement as an acceptance of the terms and conditions of this Agreement. I certify that I have read this Agreement, that I fully understand its content, and that this Agreement cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.

Consent to Use Likeness

This Consent to Use Likeness (Consent) confirms my full and irrevocable consent and agreement that Elite Laser Tag, LLC, a Utah limited liability company (Company), including its parents, subsidiaries, affiliates, licensees, directors, officers, employees, agents, legal representatives, and assigns, has the unrestricted right and permission to use, adapt, reproduce, distribute, display, and publicly perform in perpetuity my name, image, and visual likeness, writings, and biographical data, in whole or in part, in connection with the promotional or marketing activities of Company, without additional compensation to me in consideration of Company’s possible use of my appearance, interview, participation, performance, visual depiction, oral statements, or any information or materials supplied by me (Released Likeness).

  • Means of Recording. I understand that my Released Likeness may be recorded by various means, including but not limited to still photography, video, and audio.
  • Use and Ownership. Company will have exclusive ownership of my Released Likeness in perpetuity and throughout the world, and it will have without limitation the rights to edit my Released Likeness in whole or in part; print any or all of my Released Likeness; exhibit, record, reproduce, distribute, broadcast, transmit, publish, perform, display, or otherwise use or reuse my Released Likeness in whole or in part by any method or device now known or devised in the future; copyright my Released Likeness; sell, assign, or transfer any or all of these rights to others; and license any or all of these rights to others. Company has made no promise or representation to me that Company is obligated to use my Released Likeness, and I understand that Company has the sole discretion to determine whether or not to use my Released Likeness.
  • Release and Waiver. This Consent is a full release, waiver, and discharge of any right I may have to inspect, examine, or approve my Released Likeness or the uses to which it may be applied. By this Consent, I waive to the fullest extent permitted by law any causes of action in law or in equity I may have now or in the future against Company for libel, slander, invasion of privacy, copyright or trademark infringement, violation of the right of publicity, or false light arising out of or in connection with Company’s use of my Released Likeness. If I receive a copy of any material containing my Released Likeness, I will not authorize its use by any other party
  • Age and Authority. I hereby affirm, represent, and warrant (and my parent or legal guardian also affirms, represents, and warrants) that this Consent is being freely signed without any inducement, assurance, or guarantee being made to me. I understand and certify (and my parent or legal guardian also understands and certifies) that I have read this Consent, its content is fully understood, and it cannot be modified orally. This Consent is a release of rights and a contract, and it is binding upon me and my heirs, legal representatives, and assigns. This Consent is governed by the laws of the state of Utah without regard to its conflict of laws principles.

General Rules

  1. Only the equipment provided by Elite Laser Tag is allowed in the arena.
  2. Bunkers must remain where they are placed. Bunkers may not be carried as a shield. They are not to be climbed on or over.
  3. No outside gum, food, or beverages are allowed in the Elite Laser Tag arena.
  4. We reserve the right to refuse admittance and/or remove guests for any safety violation or other detrimental cause.
  5. No pets or animals are allowed at the venue.
  6. Elite Laser Tag is not responsible for lost or stolen property.
  7. Per Utah Code Section 26B-7-5, NO SMOKING or VAPING is allowed within 25 feet of any portion of the Elite Laser Tag venues.
  8. Guests must behave courteously and respectfully to the Elite Laser Tag Staff and other guests. Profane and/or abusive language or behavior will not be tolerated. Elite Laser Tag staff reserves the right to remove any individual from the event or arena at any time.
  9. Elite Laser Tag has a zero-tolerance policy for guests who: bully, fight, or attempt to fight, and/or harass other guests, teammates, or Elite Laser Tag staff while in the venue. People who engage in this behavior are subject to being ejected and may potentially be disqualified from future Elite Laser Tag events.
  10. Loitering, inappropriate behavior, and vandalism are all grounds for ejection and may potentially result in disqualification from future Elite Laser Tag events.
  11. Players must wear shirts, pants/shorts, and closed-toe shoes during their Elite Laser Tag game. Elite Laser Tag Staff has final discretion over a player’s outfit.
  12. No piece of a player’s wardrobe may cover or obscure any sensors at any time. Elite Laser Tag Staff has final discretion over a player’s outfit.
  13. Individuals must comply with all safety rules and heed all verbal or written instructions from all Elite Laser Tag staff.
  14. Laser tag is a non-contact sport! No physical contact of any kind. Any intentional contact with another player is grounds for removal from the game and a possible ban from future games. The Elite Laser Tag Staff will have the final say on all decisions.
  15. ALL rulings from Elite Laser Tag staff are final and are not up for negotiation. Our job is to keep everyone safe and maintain a pleasant atmosphere.

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(if Participant is younger than eighteen)
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