Waiver & Release Agreement
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PLEASE READ THIS DOCUMENT CAREFULLY, BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS
This Waiver, Release and Indemnification Agreement (the “Agreement”) is entered into on the date this Agreement is executed by the Adult Participant as identified by signature below, and if any minor(s) is/are named below (each a “Child Participant”), on behalf of and as parent or legal guardian for such Child Participant(s) as identified below in favor of Bowl on the Go, LLC as well as its members, officers, affiliates, parents, subsidiaries, predecessors, successors, and assigns (collectively “Bowl on the Go”). Collectively and severally, Adult Participant and Child Participant are referred to as the “Participant” or “Participants.” In consideration of Bowl on the Go permitting Participant to enter the Premises and participate in the Activities, as defined below, including any of those Activities that may occur in, about, or around any Bowl on the Go mobile unit (the “Premises”) or any other Bowl on the Go premises wherever located, the undersigned agree as follows:
Bowl on the Go is mobile bowling entertainment center, which offers Participants the opportunity to participate actively or passively, in a number of bowling related physical activities and, where offered or purchased, food and beverage services through the Bowl on the Go Drink Tap or other Bowl on the Go food and beverage service. Some of the activities that may be available at Bowl on the Go are bowling, [INSERT OTHER ACTIVITIES], consumption of lemonades, nitro cold brew coffee, snacks, food products, beverages, garnishes, flavorings, syrups, toppings, or other consumable products offered or provided by Bowl on the Go, use of any equipment or attractions, instruction, training, classes, observation, use of any portion of the Premises, including, but not limited to, the associated sidewalks and parking lots, and any competition, event, or program sponsored by or affiliated with the Protected Parties as defined below in Section 5 of this Agreement, (collectively, “Activities”). The Activities are active and vigorous and consequently, involve risks of injury that are inherent to the active and vigorous undertakings.
Even though Bowl on the Go (a) has designed the facility with safety in mind, (b) provides instruction in some Activities, and (C) has developed rules and policies that focus on safety, it is impossible to eliminate all risk and possibility of injury.
Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities, including, but not limited to, equipment malfunction; defective design or manufacture of equipment; improper or negligent installation of equipment; negligent maintenance of equipment; cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; concussions; broken bones; physical or emotional injuries; over-exertion; failure of the attraction surface or attachments; being hit by a ball; collisions with other participants; erratic co-participant behavior; collisions with standards and supports; using improper form or technique; slipping, falling, or tripping; equipment failure; error of judgment by employees; paralysis, disability, or death; personal injury to third persons; or property damage. Due to the nature of the Activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards. If you have any questions, please contact a manager before purchasing admission.
By entering the Premises or surrounding the Premises or when engaging in the Activities, there is a risk of exposure to bacteria, fungus, viruses, unknown contagious diseases and COVID-19, which notwithstanding governmental recommendations and the practices of Bowl on the Go, cannot be eliminated. CONSEQUENTLY, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT KNOWINGLY AND FULLY ASSUMES THE RISK OF, RELEASES, AND SHALL INDEMNIFY BOWL ON THE GO FROM ALL CLAIMS (AS DEFINED IN SECTION 5 BELOW) OR BODILY INJURY RESULTING FROM PARTICIPANT’S EXPOSURE TO ANY BACTERIA, FUNGUS, VIRUS, UNKNOWN CONTAGIOUS DISEASES OR COVID-19 AND IN ANY WAY CONNECTED TO PARTICIPANT’S ENTRY INTO THE PREMISES OR ENGAGEMENT IN THE ACTIVITIES. FURTHER, ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THAT OF THE CHILD PARTICIPANT(S) CONSENTS TO HAVING THEIR TEMPERATURE TAKEN BY BOWL ON THE GO AND ACKNOWLEDGES THEY MAY BE DENIED ACCESS TO OR FORCED TO VACATE THE PREMISES IF THEY EVIDENCE SYMPTOMS OF EXPOSURE TO BACTERIA, FUNGUS, VIRUSES, UNKNOWN CONTAGIOUS DISEASES OR COVID-19 AS IDENTIFIED BY THE CENTER FOR DISEASE CONTROL AND PREVENTION.
Participant acknowledges and understands that Bowl on the Go may sell, serve, dispense, distribute, or otherwise provide lemonades, nitro cold brew coffee, snacks, food products, beverages, flavorings, syrups, garnishes, toppings, and other consumable products, including through the Bowl on the Go Drink Tap.
Participant understands that consuming food or beverages or being near them involves risks that may include, but are not limited to, allergic reactions, food sensitivities or intolerances, adverse reactions to ingredients, choking, illness, contamination, cross-contact or cross-contamination with allergens, and other known or unknown reactions or injuries.
PARTICIPANT ACKNOWLEDGES THAT IT IS PARTICIPANT’S RESPONSIBILITY, AND THE RESPONSIBILITY OF THE PARENT OR LEGAL GUARDIAN OF ANY CHILD PARTICIPANT, TO DETERMINE WHETHER ANY FOOD OR BEVERAGE IS APPROPRIATE AND SAFE FOR THE PARTICIPANT TO CONSUME OR BE NEAR.
Participant agrees to ask Bowl on the Go personnel about ingredients and potential allergens BEFORE consuming or allowing a Child Participant to consume any food or beverage if Participant or Child Participant has a known or suspected food allergy, intolerance, sensitivity, dietary restriction, medical concern, or questions regarding ingredients.
Participant further acknowledges that food and beverage products may be prepared, stored, handled, transported, served, or dispensed in environments in which allergens may be present and that BOWL ON THE GO CANNOT GUARANTEE THAT ANY FOOD OR BEVERAGE IS COMPLETELY FREE FROM A PARTICULAR ALLERGEN OR FROM CROSS-CONTACT WITH AN ALLERGEN.
Participant is responsible for communicating known allergies, sensitivities, intolerances, or dietary concerns to Bowl on the Go personnel before ordering, accepting, or consuming any food or beverage oe being near these items. If Participant is uncertain whether a food or beverage is safe for Participant or a Child Participant, Participant agrees not to consume or permit the Child Participant to consume the item or be near them.
TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT KNOWINGLY AND VOLUNTARILY ASSUMES THE RISKS ASSOCIATED WITH THE CONSUMPTION OF )OR BEING NEAR) FOOD AND BEVERAGES PROVIDED, SOLD, SERVED, OR DISPENSED BY BOWL ON THE GO, INCLUDING RISKS ASSOCIATED WITH FOOD ALLERGIES, FOOD SENSITIVITIES, INTOLERANCES, INGREDIENTS, AND ALLERGEN CROSS-CONTACT.
Potential Injuries from participation in the Activities include: (A) minor Potential Injuries, including but not limited to, muscle strains and sprains, bruises, abrasions, and contusions; (B) serious Potential Injuries including but not limited to broken bones, ligament and joint damage, concussions, and eye injuries; and (C) catastrophic Potential Injuries including but not limited to brain injury, paralysis, heart attack, stroke, and death (“Potential Injuries”). BY SIGNING BELOW, PARTICIPANT ACKNOWLEDGES THE POTENTIAL INJURIES ASSOCIATED WITH THE ACTIVITIES AND THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION OR EXPERTISE CAN ELIMINATE THE INHERENT DANGERS OR RISK OF POTENTIAL INJURIES ASSOCIATED WITH THE ACTIVITIES.
A. Participant acknowledges on his/her own behalf and the Child Participant(s) that Participant has read this Agreement in its entirety, acknowledges the Activities contain inherent risks and risk of Potential Injuries, which vary with the activity, understands the demands of the Activities relative to Participant’s physical condition and skill level, appreciates the Potential Injuries and other Potential Injuries may occur as a result of the Activities and their potential impact on Participant’s safety, well-being, and lifestyle, and asserts that participation is voluntary. PARTICIPANT AFFIRMS AND REPRESENTS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND ALL PARTICIPANTS KNOWINGLY, WITH UNDERSTANDING OF THE INHERENT RISKS AND POTENTIAL INJURIES ASSUME ALL RISKS INHERENT WITH THE ACTIVITIES.
B. Participant understands the potential risks associated with the consumption of alcohol and acknowledges Participant does not have and is not aware of any medical condition that would result in any injury or damage to Participant because of Participant’s consumption of alcohol. Participant agrees to exercise ordinary and reasonable care and to not consume alcohol to the extent Participant’s judgment is impaired. Participant assumes the risks associated with alcohol consumption and takes full responsibility for Participant’s own actions, safety, and welfare. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY FEES PAID BY PARTICIPANT FOR ENTRY INTO THE PREMISES, OR ANY REPRESENTATIONS MADE BY ANY EMPLOYEES, IN ABSOLUTELY NO EVENT WILL PARTICIPANT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES ONCE THE PARTICIPANT HAS CONSUMED ANY ALCOHOL. THIS PROHIBITION WILL NOT BE WAIVED.
C. Food and Beverage Assumption of Risk. Participant voluntarily elects whether to purchase, accept, consume, or be near food or beverages offered by Bowl on the Go. Participant acknowledges the risks identified in Section 2.3 and assumes responsibility for determining whether any food or beverage is appropriate for Participant or any Child Participant or for Participant or any Child Participant to be near. Participant acknowledges that it is Participant’s responsibility to inquire about ingredients and potential allergens before consumption and to refrain from consuming or providing to a Child Participant any product when Participant is uncertain whether the product can be safely consumed.
In full appreciation of the foregoing risks, and in consideration for the right to use, access and enjoy the Premises and voluntarily participate in the Activities, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT (AND ON BEHALF OF ANY CHILD PARTICIPANT AND HIS/HER HEIRS, EXECUTORS AND REPRESENTATIVES) RELEASES AND AGREES NOT TO SUE BOWL ON THE GO AND ANY OF ITS AFFILIATES OR SUBSIDIARIES, RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT PROVIDERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, THE “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COURT OR OTHER COSTS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY INJURY OR DAMAGE TO OR LOSS OF PARTICIPANT’S PROPERTY (A) THAT MAY ARISE IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, (B) OCCURRING IN OR ABOUT OR AROUND THE PREMISES (INCLUDING THE PREMISES) WHERE ANY OF THE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, OR IN TRANSPORTATION TO AND FROM ANY OF THE ACTIVITIES, (C) RESULTING FROM DAMAGE TO, LOSS OF, OR THEFT OF PERSONAL PROPERTY OF PARTICIPANT AND DUE TO THE NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE RELEASED PARTIES (D) RESULTING FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF BOWL ON THE GO, (E) RESULTING FROM OR RELATING TO THE PURCHASE, RECEIPT, HANDLING, DISPENSING, SERVING, OR CONSUMPTION OF, OR BEING NEAR, ANY FOOD, SNACK, LEMONADE, NITRO COLD BREW COFFEE, OTHER BEVERAGE, OR OTHER CONSUMABLE PRODUCT OFFERED OR PROVIDED BY BOWL ON THE GO, INCLUDING CLAIMS ARISING FROM FOOD ALLERGIES, FOOD SENSITIVITIES OR INTOLERANCES, INGREDIENTS, ADVERSE REACTIONS, OR ALLERGEN CROSS-CONTACT, TO THE FULLEST EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED.
THE RELEASES CONTAINED IN THIS PARAGRAPH, INCLUDING ALL SUBPARTS, TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL APPLY EVEN IF ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR INTENTIONAL CONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT AND/OR SUCH CLAIM OR DEMAND IS BASED, IN WHOLE OR IN PART, UPON THE LEGAL THEORY OF STRICT LIABILITY.
ADULT PARTICIPANT, ON BEHALF OF ADULT PARTICIPANT AND HIS/HER HEIRS, ASSIGNS, EXECUTORS AND REPRESENTATIVES, AGREES TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS THE PROTECTED PARTIES FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, SUITS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, LIENS, JUDGMENTS, SETTLEMENTS, PROCEEDINGS, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COURT OR OTHER COSTS) OF ANY NATURE WHATSOEVER FOR OR RELATING TO INJURY, DEATH AND/OR DISABILITY, BODILY INJURY OR PROPERTY DAMAGE IN ANY WAY RESULTING FROM, RELATING TO, OR CAUSED BY (WHETHER IN WHOLE OR IN PART) ANY OF THE FOLLOWING MATTERS (WHICH NECESSARILY INCLUDE ALL CLAIMS THAT DO OR MAY BELONG TO THE CHILD PARTICIPANT(S)): (A) PARTICIPANT’S ACTS, OMISSIONS OR PRESENCE ON OR ABOUT OR AROUND ANY PART OF THE PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN, OR OBSERVANCE OF, ANY OF THE ACTIVITIES; (C) ANY CLAIMS ARISING OUT OF THE NEGLIGENT, GROSSLY NEGLIGENT, OR WILLFUL ACTS OR OMISSIONS OF THE PROTECTED PARTIES, PARTICIPANT OR ANY GUEST OR INVITEE OF THE PROTECTED PARTIES, PARTICIPANT, OR ANY OTHER PERSON PARTICIPATING IN ACTIVITIES ON THE PREMISES (D) PARTICIPANT’S USE OF ANY FIXTURES, EQUIPMENT OR PERSONAL PROPERTY IN, ON OR ABOUT PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, OR (E) PARTICIPANT’S CONSUMPTION OF ALCOHOL AT THE PREMISES, (F) PARTICIPANT’S OR CHILD PARTICIPANT’S PURCHASE, RECEIPT, HANDLING, DISPENSING, SERVING, OR CONSUMPTION OF, OR BEING NEAR, FOOD, SNACKS, LEMONADE, NITRO COLD BREW COFFEE, OTHER BEVERAGES, OR OTHER CONSUMABLE PRODUCTS OFFERED OR PROVIDED BY BOWL ON THE GO, INCLUDING CLAIMS RELATING TO FOOD ALLERGIES, FOOD SENSITIVITIES OR INTOLERANCES, INGREDIENTS, ADVERSE REACTIONS, OR ALLERGEN CROSS-CONTACT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW\.. THE INDEMNITY CONTAINED IN THIS PARAGRAPH, INCLUDING ALL SUBPARTS, WILL APPLY EVEN IF ANY SUCH INJURY, LOSS, DISABILITY, DEATH, OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE PROTECTED PARTIES OR PARTICIPANT, BUT WILL NOT APPLY TO THE EXTENT ANY SUCH INJURY OR DAMAGE IS CAUSED BY THE WILLFUL MISCONDUCT OF THE PROTECTED PARTIES.
Any dispute or claim in any way involving the Child Participant(s), Adult Participant(s), or any one or more of the Protected Parties, arising out of or relating to this Agreement, breach thereof, the Premises, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (“Dispute”) shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. No award shall exceed the amount of the claim by either party and the arbitrator shall have no authority to award punitive or exemplary damages. If the Dispute cannot be heard by the AAA for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph.
TO THE EXTENT PERMITTED BY LAW, ADULT PARTICIPANT, ON BEHALF OF HIM/HERSELF AND THE CHILD PARTICIPANT, AND BOWL ON THE GO KNOWINGLY AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR RIGHT TO A BENCH TRIAL OR JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION.
Participant acknowledges on behalf of him/herself and the Child Participant(s) that Participant would not be granted access to the Premises or the ability to participate in the Activities but for these acknowledgments:
As the parent or legal guardian of the Child Participant(s), the undersigned represents to the Protected Parties he has the legal capacity and authority to act for and on behalf of the Child Participant(s), and agrees to INDEMNIFY AND DEFEND THE PROTECTED PARTIES FROM AND AGAINST ALL CLAIMS OR LIABILITIES RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF THE UNDERSIGNED’S LEGAL CAPACITY OR AUTHORITY TO ACT FOR OR ON BEHALF OF THE CHILD PARTICIPANT(S).
This Agreement constitutes the entire agreement between the Protected Parties and the Participant, supersedes all previous oral or written promises or agreements, and may only be modified in writing. Participant expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of Arizona and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or due to Participant’s use of the Premises or participation in the Activities and shall lie in the Maricopa County, Arizona. The substantive laws of the state of Arizona shall apply. By signing below, Participant authorizes bowl on the Go to communicate with Participant via email with updates, news, advertisements, and offers. Wherever any words are used herein in the masculine or feminine gender, they shall be construed as though they were also used in another gender in all cases where they would so apply.
Participant represents to the Protected Parties that Participant thoroughly understands this is a complete and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein and that Participant is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant acknowledges that Participant has read this Agreement in its entirety, fully understands its terms, and understands that he is giving up substantial rights herein, including his right to sue. Participant acknowledges that Participant is signing this Agreement freely and voluntarily, and intends by Participant’s signature, to completely and unconditionally release the Protected Parties from all liability due to ordinary negligence and the inherent risks of the Activities to the greatest extent permitted by the laws of the state in which the Premises is located.
Participant irrevocably grants the Protected Parties the right to use all or a portion of an image or video of Participant and their name and likeness in all forms and media including composite or modified representations for all purposes, including advertising, trade or any commercial purpose throughout the world and in perpetuity and without compensation. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES OR VIDEOS USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH THE IMAGES/VIDEOS. PARTICIPANT RELEASES THE PROTECTED PARTIES FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, VIDEOS, OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT.
IF I AM SIGNING THIS DOCUMENT ON BEHALF OF MY SPOUSE, CHILD, FAMILY MEMBER, FRIEND, MINOR CHILD, OR OTHER PERSON, I EXPRESSLY WARRANT AND REPRESENT TO BOWL ON THE GO THAT I HAVE SUCH PERSON’S ACTUAL AND IMPLIED AUTHORITY TO EXECUTE THIS AGREEMENT ON THEIR BEHALF, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION CLAUSE, WAIVER AND RELEASE, INDEMNITY AGREEMENT, AND LICENSE.
BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT, I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AGREE TO BE BOUND AS SET FORTH HEREIN.
I, the Parent/Guardian, on behalf of myself and that of the minor(s) identified below, as applicable, have read the above Agreement and fully understand and agree to its terms. I understand that I am giving up substantial rights, including my/their right to sue, by executing this Agreement. I further acknowledge that I am agreeing to indemnify Bowl on the Go, as provided above, for all claims the referenced minor(s) may have against Bowl on the Go. Lastly, I acknowledge that I am signing this Agreement freely and voluntarily, and intend my signature to constitute a complete and unconditional release of Bowl on the Go for all liability as set forth above and/or due to (1) ordinary negligence of Bowl on the Go and those parties named herein and (2) to the inherent risks of the activity, to the greatest extent permitted by the laws of Arizona. By signing below, the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.