RELEASE OF LIABILITY
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In exchange for participation in the activity or activities (Haunted Adventure, Laser Tag, Escape Room Games) organized by Streaper's Entertainment and/or The Miami Nation of Indians of Peru, of 71 West 7th Street, Peru, Indiana, 46970 and/or use of the property, facilities and services of Streaper's Entertainment and/or The Miami Nation of Indians of Peru, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Streaper's Entertainment and/or The Miami Nation of Indians of Peru, or the employees, representatives or agents of Streaper's Entertainment and/or The Miami Nation of Indians of Peru.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Streaper's Entertainment and/or The Miami Nation of Indians of Peru for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Streaper's Entertainment and/or The Miami Nation of Indians of Peru, whether caused by the fault of myself, my family, Streaper's Entertainment and/or The Miami Nation of Indians of Peru or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Streaper's Entertainment and/or The Miami Nation of Indians of Peru against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Streaper's Entertainment and/or The Miami Nation of Indians of Peru.
4. FEES. I agree to pay for all damages to the facilities of Streaper's Entertainment and/or The Miami Nation of Indians of Peru caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Indiana law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Streaper's Entertainment and/or The Miami Nation of Indians of Peru has offered to refund any fees I have paid to use its facilities if I choose
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not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. PHOTO RELEASE. I am aware that I may be under video surveillance and that my photograph may be taken and I agree to release any photographs or video taken of me during my visit to Streaper's to use for advertising purposes included in but not limited to website, social media, advertising etc..
10. ESCAPE GAMES. I certify that I understand this activity has potential risks including but not limited to: a) Use of simple tools; b) Potentially moving or lifting objects of not more than twenty pounds; c) Mental stress and anxiety; d) Being in a reasonably small space with up to fifteen persons; e) Possibility of failure to escape the room in the allotted time.
I have no physical or mental illness that precludes my participation in a safe manner for myself or others. I am not under the influence of drugs or alcohol which impairs my ability to maintain my safety awareness or endangers others.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity. I agree that all staff or authorized agents may, in their sole discretion, determine it is unsafe for myself or others for my participation to continue, remove me from the premises by any lawful means.
I acknowledge that the directors, officers, employees, volunteers, representatives, and agents of any authorizing entity are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose this authorizing entity decides, and assigns.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.