Please fill out the following form
in order to participate at The War Zone.
Must be 18+ to sign for self
Must be legal Parent or Guardian to sign for minor.
This is a legally binding Document.
PARTICIPANT WAIVER AND RELEASE OF LIABILITY
Notice: THIS IS A LEGALLY BINDING CONTRACT. In consideration of my being permitted by the Warzone, LLC (“Warzone”) to use its facility, equipment, and related improvements (collectively referred to as the “Facility"), and/or participate in any program, event, game, or class offered by Warzone (“Activity”), I agree to the following waiver and release and I make these following representations:
1. Waiver and Release of Liability: My participation is voluntary and subjects me to the possibility of physical injury and the contraction of illness (which could be minimal, serious, or result in death), and loss of (or damage to) my property (collectively, “Risks”). Accordingly, I agree to the following:
a. I hereby release and hold harmless Warzone, its officers, directors, employees, agents, volunteers, and contractors (collectively, “Releasees”) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (Claims), including those caused by the negligent acts or omissions of any or all of the Releasees.
b. I recognize the physical exertion involved and attest and certify that I am physically fit to participate safely, and I have not been advised otherwise by a health care professional.
c. As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in the Activity, including those sustained in the Facility where the Activity is conducted, and while I am traveling to and from the Facility, regardless of the location or mode of transportation.
d. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
2. General Provisions:
a. I hereby expressly agree that (1) this Agreement shall be governed and construed according to the laws of the State of Michigan without regard to its conflict of laws provisions and (2) any action or proceeding concerning any Claim or the meaning or effect of any provision of the Agreement shall be conducted only in the courts located in Grand Traverse County, Michigan, and that for such purposes, I expressly submit to the jurisdiction of such courts.
b. This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
c. I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
d. I agree to indemnify Releasees for any attorney fees and costs incurred in resulting from or related to the Activity.
3. Examples of Released Damages: The following is a non-exhaustive list of damages that I release and hold harmless Releasees from:
a. Contraction of any/all illnesses or disease (including but not limited to COVID-19) no matter the source.
b. Injury from projectiles of any kind. Activities may use different size and density projectiles, including, but not limited to, nerf bullets, dodge balls, etc. that could cause harm to me.
c. Injury causes by drones. Drones are used inside which may cause injury to me during flight or even at rest.
d. Injury caused by obstacles or structures. Activities use structures and obstacles as part of the gameplay, which can be trip and fall hazards. These structures are used to hide behind during game play but can result in users to trip and fall, or to hit their head on any fixated or non fixated structures.
e. Injury from slip and fall. Activities include running and other high speed and sudden movements which could result in a slip and fall causing injury and death.
f. Emotional damage. Due to the nature of our “War” like Activity, I could develop emotional damage.
g. All injury or death. While the Warzone uses its best efforts to make activities safe, the nature of these activities can be inherently dangerous and hazardous.
4. Slander. I agree not to make any false claims regarding the Warzone. Any false claims about the Warzone (including its facility, staff, or members) posted or shared publicly will result in a fine of $100 per day until the false claims are removed. The integrity of the claims is to be assumed false unless determined true in a Grand Traverse County court. I agree that any and all attorney fees and costs, regardless of its outcome, are to be paid by me.
5. Damages to Warzone. I agree to be responsible for any and all damage caused by me to the Warzone’s Facility, equipment, staff, or other patrons. To the extent that the Warzone is obligated to pay for any damages caused by my actions, I agree to reimburse Warzone in that amount in addition to any attorney fees and costs.
6. Media release. I consent to and authorize the taking of photographs and/or videos during the Activity. I grant permission to Releasees to use said photographs and/or videos in advertising, displays, websites, and brochures, other forms of electronic media, illustrations or publications without notifying me. I waive any and all rights to privacy in the photographs/videos and to compensation related to the use of the photographs and or videos.
7. Service refusal. I understand and acknowledge that the Warzone has the right to deny (or cut short) my participation or service for any (or no) reason at all.
8. Trade secrets. The Warzone uses intellectual property that makes us different from any other form of first-person shooter entertainment such as paintball, airsoft, or laser tag. I agree not to steal or otherwise misuse this intellectual property.
9. If signing for a minor, I agree to have legal authority over the minor to do so. I also agree that I have not lied to or mislead any War Zone staff about my age, or the age of the minor I am signing for.
I warrant that I have read and understand that this Agreement involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in the Event.
