WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING.
MY EXECUTION OF THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND
INDEMNITY AGREEMENT ACKNOWLEDGES MY CLEAR INTENTION TO WAIVE
CLAIMS FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE AND/OR
FINANCIAL LOSS ARISING OUT OF EXPOSURE TO OR PARTICIPATION IN
RECREATION ATTRACTIONS (AS DESCRIBED HEREINAFTER) OPERATED BY
INTERACTIVE EXPERIENCE UNLEASHED, LLC (THE “COMPANY”) ON PREMISES
LOCATED AT 7621 N. KINGS HWY, MYRTLE BEACH SC 29572. MY EXECUTION OF
THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY
AGREEMENT FURTHER ACKNOWLEDGES MY EXPRESS VOLUNTARY
CONTRACTUAL ASSUMPTION OF ALL RISKS OF LOSS, BOTH KNOWN AND
UNKNOWN, ARISING OUT OF EXPOSURE TO OR PARTICIPATION IN THE
RECREATION ATTRACTIONS AND MY AGREEMENT TO INDEMNIFY THE COMPANY
FROM ANY AND ALL LOSSES, CLAIMS, DEMANDS, LEGAL ACTIONS, OR EXPENSES
(INCLUDING ATTORNEY’S FEES) ARISING OUT OF EXPOSURE TO THE
RECREATION ATTRACTIONS OR PARTICIPATION IN THE RECREATION
ATTRACTIONS BY ME AND/OR EACH MINOR CHILD IDENTIFIED BELOW WHO IS
IN MY CARE AND/OR UNDER MY SUPERVISION.
WITHOUT LIMITING IN ANY WAY THE GENERALITY OF THE RISKS I HAVE
VOLUNTARILY AGREED TO ASSUME UNDER THIS AGREEMENT, I ACKNOWLEDGE
THAT THE FOLLOWING DESCRIBED RECREATIONAL ATTRACTIONS OPERATED BY
THE COMPANY INVOLVE CERTAIN INHERENT RISKS WHICH MAY CAUSE SERIOUS
PERSONAL INJURY AND/OR PROPERTY DAMAGE AND/OR FINANCIAL LOSS TO
PERSONS EXPOSED TO OR PARTICIPATING IN THE RECREATIONAL ATTRACTIONS
AND I ASSUME ALL SUCH RISKS:
VIRTUAL REALITY (VR) GAMES(VarBox, VRPark Gaming Duo, Limitless VR, Spree
Interactive) involve physical movement, sensory stimulation, with digital
environments, and multiplayer interaction.
Mixed Reality Location Based Games (Chronicles of the Rift, Curse Of Calypso)
involve wearing a head mount display (HMD) physical movement, sensory
stimulation, Scare Scenarios, digital environments , interactive with themed
environments and mental stimulation.
LASER TAG GAMES(Limitless VR) involve physical movement, use of light-emitting
equipment, competitive interaction with other participants, and dynamic
environments including low lighting and obstacles.
ESCAPE ROOM ATTRACTIONS involve physical movement, use of props, interaction
with themed environments, and mental stimulation. Some escape rooms may
include darkness, loud noises, confined spaces, and simulated suspense or fear.
VALO ARENA ATTRACTION is a mixed reality (MR) attraction that combines video
games and physical movement in which participants play in a free roam space where
they use their bodies (instead of controllers) to interact with the games. VALO ARENA
involves physical movement, interaction with other participants, and dynamic game
environments.
ANIMATRONIC ENVIRONMENT ATTRACTIONS include exposure to unexpected,
simulated animal movements, dark rooms, flashing or strobing lights, sudden loud
or startling sounds including simulated animal noise, uneven surfaces, confined
spaces, and other sensory or interactive elements designed to surprise or provoke
excitement.
INDOOR PLAYGROUND ATTRACTIONS include but are not limited to slides,
climbing tubes, obstacle structures, plastic ball pits, and other recreational
equipment which involve inherent risks of physical injury.
I understand that exposure to or participation in the above described recreational
attractions involves inherent risks of illness caused by infectious disease organisms,
inherent risks of accidental contact with equipment, structures, or other
participants, inherent risks of slips, trips, and falls, and inherent risks of
disorientation, dizziness, motion sickness, sudden fright, and emotional stress
which may cause serious personal injury, permanent disability, paralysis, or death
and resulting financial loss including, but not limited to, illness caused by infectious
disease organisms, contusions, lacerations, muscle strains, muscle tears, joint
sprains, tendon injuries, cartilage injuries, internal organ injuries, bone injuries, toe
injuries, foot injuries, ankle injuries, leg injuries, knee injuries, hip injuries, pelvis
injuries, spinal cord injuries, back injuries, neck injuries, disc herniations, finger
injuries, hand injuries, arm injuries, elbow injuries, shoulder injuries, head injuries,
eye injuries, mouth injuries, teeth injuries, ear injuries, nerve injuries, brain injuries,
heart attacks, strokes, hemorrhage, and/or potential exacerbation of a participant’s
pre-existing medical conditions. I knowingly and voluntarily assume all risks of
exposure to or participation in the above-described recreational attractions and the
financial losses resulting from them, even if caused by the negligence of one or
more of the RELEASEES described hereinafter and/or by malfunction of the
recreational attraction equipment.
In consideration of the Company’s agreement permitting me, and each minor child
identified below, if any, who is currently in my care and/or under my supervision, to
enter the premises at 7621 N. KINGS HWY, MYRTLE BEACH SC 29572 and to
participate in the Company’s Recreation Attractions described above, I hereby agree
for myself, and for my heirs, executors, administrators, successors, and assigns, and
for all persons, firms or corporations who may hereafter assert a claim or claims for
me or on my behalf, to release, waive, and forever discharge the operator of the
premises, INTERACTIVE EXPERIENCE UNLEASHED, LLC (“Company”), its members,
owners, managers, officers, agents, servants, employees, and representatives, and
the owner of the premises, STOCKBRIDGE MYRTLE BEACH, LLC, its members,
owners, managers, officers, agents, servants, employees, and representatives (all of
whom are hereinafter collectively referred to as the “RELEASEES”), from any and all
liability, actions, claims, demands, damages, costs, and expenses whatsoever with
respect to any and all illness, injury, disability, death, or loss or damage to person or
property, whether caused by the negligence of the RELEASEES and/or malfunction
of the Company’s Recreation Attractions, except that which is caused by gross
negligence and/or willful misconduct of the RELEASEES. It is my intention that the
scope of the claims which I am hereby releasing, waiving, and forever discharging
against the RELEASEES shall be broadly construed to include all claims at law and in
equity which arise out of or are in any way connected with my entry upon the
premises operated by the Company and my participation in the Company’s
Recreation Attractions described above, and all claims at law and in equity which
arise out of or are in any way connected with the entry upon the premises operated
by the Company and the participation in the Company’s Recreation Attractions
described above by any minor child identified below who is currently in my care
and/or under my supervision. The broad scope of the claims which I am hereby
releasing, waiving, and forever discharging against the RELEASEES includes, by way
of example and not of limitation, all claims for illness caused by infectious disease
organisms, all claims for bodily harm, physical pain and suffering, mental anguish,
emotional distress, economic loss, impairment of physical function, impairment of
earning capacity, loss of enjoyment of life, and wrongful death, whether such claims
are known or unknown at this time, apparent or not apparent, and both present and
future claims.
I hereby declare that it is my clear intention to release, waive, and forever discharge
the RELEASEES from all claims for recovery of medical costs and claims for loss of
the consortium and services of my spouse in connection with any personal injuries
suffered by my spouse which arise out of or are in any way connected with the entry
of my spouse upon the premises operated by the Company and my spouse’s
participation in the Company’s Recreation Attractions described above.
I hereby further declare that it is my clear intention to release, waive, and forever
discharge the RELEASEES from all claims for recovery of medical costs and claims for
loss of the consortium and services of any minor child identified below who is
currently in my care and/or under my supervision in connection with any personal
injuries suffered by such minor child which arise out of or are in any way connected
with such minor child’s entry upon the premises operated by the Company and such
minor child’s participation in the Company’s Recreation Attractions described above.
In consideration of the Company’s agreement permitting me, and each minor child
identified below, if any, who is currently in my care and/or under my supervision, to
enter the premises at 7621 N. KINGS HWY, MYRTLE BEACH SC 29572 and to
participate in the Company’s Recreation Attractions described above, I hereby agree
to defend, indemnify, and hold harmless the RELEASEES from any and all liability,
actions, claims, demands, damages, costs, and expenses whatsoever (including
attorney fees) with respect to any and all illness, injury, disability, death, or loss or
damage to any person or property arising out of or in any way connected with my
entry upon the premises operated by the Company and my participation in the
Company’s Recreation Attractions described above, and the entry upon the
premises operated by the Company and the participation in the Company’s
Recreation Attractions described above by any minor child identified below who is
currently in my care and/or under my supervision. My indemnity obligation to the
RELEASEES hereunder specifically includes claims caused by the negligence of the
RELEASEES and/or malfunction of the Company’s Recreation Attractions. Provided,
however, that I shall have no obligation to indemnify the RELEASEES for claims
caused by the gross negligence and/or willful misconduct of the RELEASEES.
In consideration of the Company’s agreement permitting me, and each minor child
identified below, if any, who is currently in my care and/or under my supervision, to
enter the premises at 7621 N. KINGS HWY, MYRTLE BEACH SC 29572 and to
participate in the Company’s Recreation Attractions described above, I hereby make
the following express contractual representations to the Company pursuant to this
WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (the
“Agreement”), with the understanding that the Company is relying upon my
representations and has the right to rely upon my representations:
I hereby represent that I am at least eighteen (18) years of age and
under no legal disability that would render this Agreement voidable or
unenforceable.
I hereby represent that I am in good health and in proper physical
condition to participate in the Company’s Recreation Attractions. I
agree that it is my sole responsibility to determine whether I am
sufficiently fit and healthy enough to participate in the Company’s
Recreation Attractions and that I am responsible for my own safety and
well-being at all times while on the Company’s premises.
I hereby represent that I am the parent/legal guardian of each minor
child identified below, if any, who is currently in my care and/or under
my supervision and I grant permission for participation of each such
minor child in the Company’s Recreation Attractions. I further agree to
the terms of this Agreement on behalf of each such minor child.
I hereby represent that each minor child identified below, if any, who
is currently in my care and/or under my supervision is in good health
and in proper physical condition to participate in the Company’s
Recreation Attractions. I agree that it is my sole responsibility to
determine whether each such minor child is sufficiently fit and healthy
enough to participate in the Company’s Recreation Attractions and that
I am responsible for the safety and well-being of each such minor child
at all times while on the Company’s premises.
I hereby agree to become familiar with and to abide by the Rules and
Regulations established by the Company for the use of the Company’s
premises and the Company’s Recreation Attractions. I acknowledge
and agree that the Company has the sole right to revoke my license to
enter the Company’s premises and participate in the Company’s
Recreation Attractions if my actions appear to endanger another guest,
employee of the Company, or myself.
I hereby represent that I am not under the influence of alcohol or any
illicit or prescription drugs which would in any way impair my ability to
understand the terms and provisions of this Agreement and my
obligations hereunder. Likewise, I hereby represent that I am not
under the influence of alcohol or any illicit or prescription drugs which
would in any way impair my ability to safely participate in the
Company’s Recreation Attractions.
I hereby grant a license to the Company and its members, owners,
managers, officers, agents, servants, employees, and representatives
to take and reproduce photographs, voice recordings, and/or digital
video images of me and each minor child identified below, if any, who
is currently in my care and/or under my supervision and to use our
names, images, photographs, voices, and videos (collectively,
“Likeness”), in any media platform or format whatsoever to distribute,
broadcast, and exhibit these without compensation, charge, restriction
or liability, for the purposes of prom
I acknowledge and agree that if a court of competent jurisdiction
determines that any one or more of the provisions of this Agreement
is invalid, illegal, or unenforceable, the remaining provisions of this
Agreement shall remain in effect and this Agreement shall be read as
though the offending provision had not been written. I further
expressly agree that this WAIVER OF LIABILITY, ASSUMPTION OF RISK,
AND INDEMNITY AGREEMENT is intended to be as broad and inclusive
as is permitted by the law of South Carolina.
I have read this WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY
AGREEMENT in its entirety and I fully understand its terms. I understand that I am
giving up substantial rights, including my right to sue. I acknowledge that I am
signing this Agreement freely and voluntarily as a condition of entry upon the
Company’s premises and participation in the Company’s Recreation Attractions. I
understand that my execution of this Agreement is intended to be a complete and
unconditional release of all liability to the greatest extent allowed by law.
I HEREBY AFFIRM THAT I AM THE PARENT/LEGAL
GUARDIAN OF EACH MINOR CHILD IDENTIFIED BELOW OR THE PERSON WHO IS CURRENTLY RESPONSIBLE
FOR THE CARE AND SUPERVISION OF EACH MINOR CHILD IDENTIFIED BELOW:
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