Waiver

WAIVER

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RELEASE AND WAIVER OF LIABILITY

PROMOTIONAL EVENTS, CONTESTS, AND COMPETITIONS

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING CONTRACT. IT WAIVES IMPORTANT LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE, AND GRANTS THE COMPANY THE RIGHT TO USE YOUR IMAGE.

The individual named below (“I” or “me”) wish to participate in one or more laser tag games, sessions, contests, demonstrations, and/or competitions (each and collectively, the “Activity”) sponsored, hosted, and/or conducted by Lux Mundi Sports LLC d/b/a Up North Battle Co., a Michigan limited liability company located at 5981 South French Rd, Cedar, MI 49621 (the “Company”). The Activity may take place at the Company’s mobile setup, at other indoor or outdoor venues, or at partner or third-party locations, and may involve the use of mobile laser tag equipment, including laser tag taggers and headsets, inflatable or other barriers and obstacles, and other gear. In exchange for being allowed to participate, and knowing that the Company is relying on this document, I agree to all of its terms (this “Release”).

I UNDERSTAND THAT THE ACTIVITY IS POTENTIALLY DANGEROUS AND INVOLVES THE RISK OF PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I UNDERSTAND THAT MY INJURIES MAY RESULT FROM OR BE MADE WORSE BY THE ACTS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING ITS EMERGENCY RESPONSE OR RESCUE EFFORTS. KNOWING THESE RISKS, I AM PARTICIPATING KNOWINGLY AND VOLUNTARILY, AND I ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

Accepted Risks. Participation involves inherent and other risks, including but not limited to:

(a) Running, jumping, slipping, tripping, or falling, including on uneven, wet, or crowded surfaces;
(b) Collisions or contact with other participants, spectators, obstacles, equipment, or fixed objects;
(c) Physical exertion that may cause or worsen injury, cardiac events, heat-related illness, or other medical conditions;
(d) Use, misuse, failure, or malfunction of equipment, whether supplied by me or by the Company;
(e) Exposure to indoor or outdoor conditions, including weather, terrain, lighting, and venue hazards; and
(f) Damage to or loss of personal, Company, or third-party property.

The aforementioned risks may result in serious injury, disability, death, or property damage.

Assumption of Risk. I voluntarily assume all risks of the Activity, whether known or unknown and whether or not listed in Section 1 above. My participation is optional, and I may stop participating at any time if I feel unsafe.
Release and Waiver of Liability. I release, waive, and discharge, and agree never to sue, the Company and its owners, members, managers, officers, directors, employees, contractors, agents, volunteers, affiliates, sponsors, successors, and assigns (together, “Releasees”) for any and all claims, now known or later discovered, for injury, disability, death, or property damage arising out of or relating to the Activity, whether caused by the ordinary negligence of any Releasee or otherwise (“Released Claims”). This Release does not apply to claims for gross negligence or willful misconduct, or to any liability that Michigan law does not allow to be released by agreement.
I will defend, indemnify, and hold the Releasees harmless from any and all claims, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorney fees and the cost of enforcing this Release) arising out of or relating to my participation, the participation of any minor I supervise, or my breach of this Release — including claims based on my own negligence or the ordinary negligence of any Releasee.
The Activity may occur on private or third-party property. I am responsible for any damage I or a minor I supervise cause. The Company is not responsible for damage to or loss of property at any event location, including personal belongings, equipment, landscaping, or structures, and I assume full responsibility for any such claim.
Medical Treatment, Fitness, and Insurance. I confirm that I am physically able to participate and have no condition that increases my risk. I consent to any medical treatment the Company reasonably believes is necessary if I am injured, and I am solely responsible for all related costs, including transportation or evacuation. The Company does not provide medical or accident insurance for participants. I release the Releasees from any claim based on such treatment.
Rules and Conduct. I will follow all rules, instructions, and safety guidelines given by Company staff. The Company may remove me from, or disqualify me from, any Activity for unsafe or inappropriate behavior, without refund or other compensation.
I will use any Company-provided equipment properly and return it in good condition, and I am responsible for any damage I cause through misuse or negligence.
Prizes and Eligibility. Any prize, award, or other consideration is subject to the official rules and eligibility requirements set by the Company, and the Company’s decisions on eligibility and winners are final. I am solely responsible for any taxes or other obligations arising from a prize I receive.
Photo, Video, and Media Release. I irrevocably grant the Company and those it authorizes the perpetual, worldwide, royalty-free, fully transferable, and sublicensable right to photograph, film, and record me, and to use, reproduce, edit, publish, and display my name, voice, likeness, image, and statements, in whole or in part, in any media now known or later developed, for the Company’s advertising, marketing, promotional, and commercial purposes, without any further notice, compensation, royalty, or approval. All such photographs, video, audio, and recordings (the “Media”) are owned solely by the Company. I waive any right to inspect or approve the Media or its use, any claim for compensation, and any claim based on rights of privacy or publicity, defamation, or so-called “moral rights,” in each case to the fullest extent permitted by law. I release the Releasees from any claim arising out of the use of the Media. I am not entitled to any payment for the Media or its use.
Entire Agreement; No Reliance. This Release is the entire agreement between the Company and me about its subject matter and replaces all prior understandings, written or oral. I am not relying on any statement or representation not written in this Release. No change to this Release is effective unless made in writing by the Company.
Governing Law and Venue. Michigan law governs this Release, without regard to its conflict-of-law rules. Any claim relating to this Release or the Activity may be brought only in the state or federal courts located in Grand Traverse County, Michigan, and I consent to the exclusive jurisdiction of those courts.
Severability and Interpretation. If any provision of this Release is held invalid or unenforceable, the remaining provisions stay in full force, and the invalid provision will be enforced to the greatest extent allowed by law. This Release binds and benefits the Company and me and our heirs, successors, and assigns, and is intended to be interpreted as broadly as the law allows to protect the Releasees.
Electronic Signature. I agree that my electronic signature, or my signature on a copy or scan of this Release, is as valid and binding as an original ink signature.

BY SIGNING BELOW, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE, THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE THE COMPANY) AND GRANTING THE MEDIA RIGHTS DESCRIBED ABOVE, AND THAT I HAD THE OPPORTUNITY TO CONSULT AN ATTORNEY. I AM AT LEAST EIGHTEEN (18) YEARS OLD AND FULLY COMPETENT, OR I AM THE PARENT OR LEGAL GUARDIAN SIGNING FOR A MINOR.

Guardian Participant older?

RELEASE AND WAIVER OF LIABILITY

PROMOTIONAL EVENTS, CONTESTS, AND COMPETITIONS

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING CONTRACT. IT WAIVES IMPORTANT LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE, AND GRANTS THE COMPANY THE RIGHT TO USE YOUR IMAGE.

Accepted Risks. Participation involves inherent and other risks, including but not limited to:

(a) Running, jumping, slipping, tripping, or falling, including on uneven, wet, or crowded surfaces;
(b) Collisions or contact with other participants, spectators, obstacles, equipment, or fixed objects;
(c) Physical exertion that may cause or worsen injury, cardiac events, heat-related illness, or other medical conditions;
(d) Use, misuse, failure, or malfunction of equipment, whether supplied by me or by the Company;
(e) Exposure to indoor or outdoor conditions, including weather, terrain, lighting, and venue hazards; and
(f) Damage to or loss of personal, Company, or third-party property.

The aforementioned risks may result in serious injury, disability, death, or property damage.

Assumption of Risk. I voluntarily assume all risks of the Activity, whether known or unknown and whether or not listed in Section 1 above. My participation is optional, and I may stop participating at any time if I feel unsafe.
Release and Waiver of Liability. I release, waive, and discharge, and agree never to sue, the Company and its owners, members, managers, officers, directors, employees, contractors, agents, volunteers, affiliates, sponsors, successors, and assigns (together, “Releasees”) for any and all claims, now known or later discovered, for injury, disability, death, or property damage arising out of or relating to the Activity, whether caused by the ordinary negligence of any Releasee or otherwise (“Released Claims”). This Release does not apply to claims for gross negligence or willful misconduct, or to any liability that Michigan law does not allow to be released by agreement.
I will defend, indemnify, and hold the Releasees harmless from any and all claims, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorney fees and the cost of enforcing this Release) arising out of or relating to my participation, the participation of any minor I supervise, or my breach of this Release — including claims based on my own negligence or the ordinary negligence of any Releasee.
The Activity may occur on private or third-party property. I am responsible for any damage I or a minor I supervise cause. The Company is not responsible for damage to or loss of property at any event location, including personal belongings, equipment, landscaping, or structures, and I assume full responsibility for any such claim.
Medical Treatment, Fitness, and Insurance. I confirm that I am physically able to participate and have no condition that increases my risk. I consent to any medical treatment the Company reasonably believes is necessary if I am injured, and I am solely responsible for all related costs, including transportation or evacuation. The Company does not provide medical or accident insurance for participants. I release the Releasees from any claim based on such treatment.
Rules and Conduct. I will follow all rules, instructions, and safety guidelines given by Company staff. The Company may remove me from, or disqualify me from, any Activity for unsafe or inappropriate behavior, without refund or other compensation.
I will use any Company-provided equipment properly and return it in good condition, and I am responsible for any damage I cause through misuse or negligence.
Prizes and Eligibility. Any prize, award, or other consideration is subject to the official rules and eligibility requirements set by the Company, and the Company’s decisions on eligibility and winners are final. I am solely responsible for any taxes or other obligations arising from a prize I receive.
Photo, Video, and Media Release. I irrevocably grant the Company and those it authorizes the perpetual, worldwide, royalty-free, fully transferable, and sublicensable right to photograph, film, and record me, and to use, reproduce, edit, publish, and display my name, voice, likeness, image, and statements, in whole or in part, in any media now known or later developed, for the Company’s advertising, marketing, promotional, and commercial purposes, without any further notice, compensation, royalty, or approval. All such photographs, video, audio, and recordings (the “Media”) are owned solely by the Company. I waive any right to inspect or approve the Media or its use, any claim for compensation, and any claim based on rights of privacy or publicity, defamation, or so-called “moral rights,” in each case to the fullest extent permitted by law. I release the Releasees from any claim arising out of the use of the Media. I am not entitled to any payment for the Media or its use.
Entire Agreement; No Reliance. This Release is the entire agreement between the Company and me about its subject matter and replaces all prior understandings, written or oral. I am not relying on any statement or representation not written in this Release. No change to this Release is effective unless made in writing by the Company.
Governing Law and Venue. Michigan law governs this Release, without regard to its conflict-of-law rules. Any claim relating to this Release or the Activity may be brought only in the state or federal courts located in Grand Traverse County, Michigan, and I consent to the exclusive jurisdiction of those courts.
Severability and Interpretation. If any provision of this Release is held invalid or unenforceable, the remaining provisions stay in full force, and the invalid provision will be enforced to the greatest extent allowed by law. This Release binds and benefits the Company and me and our heirs, successors, and assigns, and is intended to be interpreted as broadly as the law allows to protect the Releasees.
Electronic Signature. I agree that my electronic signature, or my signature on a copy or scan of this Release, is as valid and binding as an original ink signature.

FOR MINOR PARTICIPANTS (UNDER 18):

I am the parent or legal guardian of the minor named below. I have the legal right to consent on the minor’s behalf and, by signing, I agree to this Release on the minor’s behalf and on my own. I consent to the minor’s participation, assume all risks and responsibilities on the minor’s behalf, grant the media rights above as to the minor, and accept full liability for any injury or damage caused by the minor. I understand the Company does not provide supervision beyond activity instruction.

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