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Participant Agreement, Release and Assumption of Risk (the “Agreement”)

In consideration of being permitted to enter the premises and/or participate in activities (such entry or participation collectively, “Participating” or “Participation”) offered by Digital Wizards LLC d/b/a Fun Guys Zone (“Fun Guys Zone”), I, for myself and any participating minor children of whom I am the parent/guardian (such participating child or children collectively, the “Child”), and each of my/my Child’s personal representatives, heirs, executors, hereby acknowledge, agree, and represent as set forth below.

DESCRIPTION OF ACTIVITIES AND RISKS

Fun Guys Zone rents its space for and provides use of a variety of activities, including, but not limited to, inflatable bubble ball suits (“Bubble Balls”), human hamster ball inflatable balls (“Hamster Balls”), foam archery equipment (“Arrow Tag”), water squirt blasters (“Water Blasters”), virtual reality, video games, dodgeball, Nerf guns (“Nerf”), youth open play, events, parties, facility rentals, fashion shows, weddings, alternative sports, fitness training, offseason practice, gaga ball, water balloons and water balloon launchers, volleyball, lacrosse, softball, field hockey, soccer, football, basketball, ping pong, sports clinics, adult open play, fitness classes, sports training, sports leagues, sports practice, sports games, and other physical activities, as well as “Glow/Black Light” promotions which involve the use of reduced and altered or theatrical lighting and/or special effects during any of the foregoing (collectively together, “Activities” or individually an “Activity”).

Bubble Balls consists of inflatable, plastic balls that fit over one’s body and is also referred to as knockerball, bubble soccer, and bumper ball. Hamster Balls consists of inflatable bubbles that fully encase one’s body. Arrow Tag consists of bows and foam‐tipped arrows designed to shoot at players and targets. Water Blasters consists of squirt guns designed to shoot players and targets. Virtual reality consists of a controllers and a wired headset that covers the participant’s face and displays imagery within the headset of different games and experiences. Dodgeball consists of foam balls that are thrown at other players. Nerf consists of plastic guns designed to shoot foam ammunition at players and targets.

Some of the risks of Participating in Activities include, but are not limited to, the following:

  • Participant (as defined below) may die or become paralyzed, partially or fully, through Participation in the Activities.

  • Participant may suffer cuts, scrapes, bumps, bruises, the transmission of viruses, disease (including, but not limited to, the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)” which is responsible for Coronavirus Disease 2019 (COVID-19) and/or any mutation or variation thereof), strains, and allergic reactions through Participation in the Activities or contact with other participants or surfaces Participant has contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of Participation in Activity and equipment use or making contact with other participants. As noted in paragraph 1) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.

  • An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable. By Participating, I voluntarily assume all risks related to exposure to COVID-19.

  • Participants may fall on each other, resulting in broken bones and other serious injuries. Flipping, running and bouncing off of the walls and other participant body movements (whether planned or unplanned) can create a rebound effect and lead to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.

  • Traveling to and from various areas/fields of play can result in similar physical injury (even if the participant is not himself or herself playing at the time).

  • Observing, standing, sitting or taking photographs/video at or near any area of play or activity can result in similar physical injury (even if the observer is not himself or herself participating at the time).

  • Participation during reduced or altered lighting “Glow” events can affect depth perception and visibility and may cause me and/or my Child to fall, slip, misstep, collide with others, or collide with equipment which can result in a greater risk of serious physical or emotional injury, paralysis, or death.

I am not aware of any physical or mental condition that would impair, preclude or limit participation in the Activities.

I acknowledge and agree that I and/or my Child am/are Participating (such Participating person, the “Participant”) voluntarily at my/my child’s own risk, and I, on behalf of myself and my Child, hereby knowingly and voluntarily assume those risks. I acknowledge and agree that the actions or activities of other participants or the actions or inactions of Fun Guys Zone staff could cause the Participant significant bodily injury (as described in this Agreement), and that Fun Guys Zone is not responsible for the actions or activities of other participants, or the negligence of its staff in supervising other participants, including actions, activities, or omissions that result in such harm, other than gross negligence.

GENERAL RELEASE

The Participant(s) and his/her/their heirs, legatees, trustees, personal representatives, executors, next of kin, and successors (“Releasing Parties”) hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Fun Guys Zone, and their successors, predecessors-in-interest, and insurers (collectively, the“Releasees”) from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or my Child’s access to and/or use of Fun Guys Zone facilities, premises and/or its equipment, my or my Child’s entry into Fun Guys Zone Arenas, the condition, maintenance, inspection, supervision, control or security of Fun Guys Zone Arena, the failure to warn of dangerous conditions in connection with Fun Guys Zone Arena, my and/or my child’s Participation in Activities, and/or the acts or omissions of Fun Guys Zone or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death, but excluding claims arising from the gross negligence or willful misconduct of the Releasees. I understand that this release applies not only to use of the facility, but also all other equipment, and all Activities and games offered by Fun Guys Zone, whether inside or outside the Fun Guys Zone facility or a hosted event at a facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys’ fees, associated therewith or arising therefrom.

I agree and acknowledge that should Fun Guys Zone or any other Releasee or anyone acting on their behalf, be required to incur attorneys’ fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold Fun Guys Zone and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.

AGREEMENT TO PAY MY OWN MEDICAL EXPENSES

I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or my Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or my Child might sustain as a result of Participating. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or my Child sustains while Participating, such assistance shall be at my own expense.

ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM

I, on behalf of myself and/or my Child, hereby waive any right I and/or my child may have to a jury trial and agree that any disputes regarding my visit to Fun Guys Zone facility, Participation in Activities, this agreement, and/or the scope or applicability of this agreement to arbitrate shall be determined by binding arbitration. I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my and my child’s rights to maintain a lawsuit against Fun Guys Zone and the other Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor Child will NOT have the right to have claim(s) determined by a jury. Reciprocally, Fun Guys Zone and the other Releasees waive their right to maintain a lawsuit against me and the Child(ren) above for any and all claims covered by this Agreement, and Fun Guys Zone will not have the right to have their claim(s) determined by a jury.

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR MY CHILD’S ACCESS TO AND/OR USE OF THE FUN GUYS ZONE PREMISES, ITS EQUIPMENT, AND/OR PARTICIPATION IN ACTIVITIES, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN ADA COUNTY, IDAHO BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Idaho, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.

PHOTO/VIDEO/SOCIAL MEDIA WAIVER
In connection with my Participation, I consent to the recording of the Activities and my or my Child’s physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Fun Guys Zone and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, and/or publicizing the Fun Guys Zone brand. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.


TERM OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my Child visits Fun Guys Zone, or Participates in a Fun Guys Zone Activity.

CODE OF CONDUCT
I and my Child agree to the following code of patron responsibility:

  • I will not use any equipment until I have been briefed by Fun Guys Zone staff on all safety procedures and rules and am given permission to participate by Fun Guys Zone staff or employees.

  • I will be responsible for using the equipment provided for its intended and instructed use and only under the instruction and direct supervision of a Fun Guys Zone staff member. I agree to abide by all staff instructions at all times or I may be removed from such activities without a refund.

  • If I use Fun Guys Zone equipment in any activities not directly associated with its instructed use or not under the instruction and direct supervision of a Fun Guys Zone staff member, I will be fully responsible for any damage or loss that may occur, and I agree to reimburse Fun Guys Zone for damages incurred.

  • I have a duty to not participate in any Activity or engage in other activities or use Activity equipment, if I have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if I may be pregnant.

  • I have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.

  • I understand that closed toe athletic shoes or water shoes(for water events) are required when Participating in Activities. Cleats, bare feet, flip flops, and socks are prohibited.

  • I also agree to follow and obey all posted and stated warnings and participant education signs.

  • I have been informed that Participation in Activities may lead to heat exhaustion or other injuries and conditions associated with heat, and I understand that it is my responsibility to hydrate, and to cease Participation in Activities at the first signs of heat exhaustion.

  • I will not be permitted roll down hills, jump into other participants while using BubbleBall equipment, or intentionally hit or collide into other players. While incidental contact may occur as a consequence of play, it is prohibited to be the intention of any game.

  • It is prohibited to use the equipment on a slip and slid or on ice, for human bowling, sumo games, last man standing, or any other games that encourage intentional hitting and colliding with other players.

  • I understand that head-to-head contact, jumping, slide tackling, and hitting from the side or rear is prohibited and will not be tolerated.

  • I understand that the equipment is not to be used in or near water, unless otherwise agreed to.

  • I have a duty to exercise good judgment and act in a responsible manner while Participating in Activities. I have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.

  • I have a duty to not participate in any Activity or engage in any other activity or use any Activity equipment, when under the influence of drugs or alcohol. If I am prohibited from Participating in Activities as a result of a violation of this duty, I will not be entitled to any refund.

  • I understand that there is no medical services or insurance provided to me through Fun Guys Zone. In the event that I require medical attention or medical attention is called for me by anyone else, I assume all costs and liability for such services and will not seek reimbursement from Fun Guys Zone. 

  • In the sole discretion of Fun Guys Zone, the equipment may not be used in adverse weather conditions including, but not limited to, rain, thunder or lighting, or high winds or unsatisfactory field conditions including, but not limited to, mud, rough or wet terrain, or obstructed surfaces. I agree to abide by the refund and postponement policies of Fun Guys Zone.

  • Fun Guys Zone reserves the right to charge me a cleanup fee, at its sole discretion, if I soil the Equipment beyond normal wear and tear, including but not limited to vomit, excessive mud, blood, or any other substance that requires Fun Guys Zone to extensively clean the Equipment before its next use.

  • I agree to explain all safety rules to each Child I accompany, and to ensure that each Child obeys the safety rules.

I would like to receive email promotions, discounts, and other advertisements from Fun Guys Zone and its partners at the email address provided below. I may unsubscribe at any time.

I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at Fun Guys Zone Arena, including the manager, do not have the authority to waive or modify any provision of this Agreement. If I do not agree to any of its terms, I am not permitted to Participate. This Agreement constitutes and contains the entire agreement between Fun Guys Zone and me relating to my and/or my Child’s use of Fun Guys Zone. There are no other agreements, oral, written, or implied, with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force.

By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expenses, including attorneys’ fees and witness fees which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of Fun Guys Zone Arena.  I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”).

IF A MINOR CHILD WILL BE PARTICIPATING:
By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims, loss, proceedings, damages, causes of action, liability, costs, or expenses, including attorneys’ fees and witness fees which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of Fun Guys Zone Arena.  I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”).

IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY FUN GUYS ZONE RELATED ENTITY.