In consideration of participating in any Foam Dart/Ball Blaster play, Foam Archery, or Foam Dodgeball, hereinafter referred to as “Activity”, including but not limited to, participating, using the premises of, renting and operating equipment leased sanctioned and/or operated by BULLZEYE PLAY & PARTY RECREATIONAL PLAYGROUND CO. L.L.C, hereinafter referred to as “Bullzeye”, I represent and acknowledge to the following:
1. I understand the nature of this Activity and that I am in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe that the event or Activity conditions are unsafe, I will immediately discontinue participating in the Activity.
2. I fully understand that this Activity involves risks of serious bodily injury which may be caused by my own actions, if I misuse the property/services provided to me by Bullzeye, those of others participating in the Activity, the conditions in which the Activity takes place, or the negligence of the “RELEASES” named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of participation in the Activity.
3. I hereby release, discharge, and covenant not to sue Bullzeye, its members, administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASES” herein) from all liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in whole or in part by the negligence of the “RELEASES” or otherwise, including negligent rescue operations; and I further agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf makes a claim against any of the RELEASES, I will indemnify, save, and hold harmless each of the RELEASES from any loss, liability, damage, or cost which any may incur as the result of such claim.
4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this Activity. I further represent that I have no medical or physical condition which could interfere with my safety in this Activity, or else I am willing to assume and bear the cost of all risk that may be created directly or indirectly by any such conditions.
5. I wave and forfeit all my rights and I undertake that I shall not file any case or claims related to this agreement. I drop all my rights in this regard in a general and final manner against Bullzeye. This is my final irrevocable waiver.
6. This agreement is governed by UAE laws and competent to Dubai Courts.
7. I have had sufficient time to read this entire document and, should I choose not to sign this release, I understand that this activity might not be available to me. I've read and understood this document and I agree to be bound by its term.
8. By signing this document, I agree that if I'm hurt or my property is damaged during the participation in this activity, then I may be found by the court of law to have waived my right to maintain a lawsuit against any of the Releases being released on the basis of any claim for negligence.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. Bullzeye has put in place preventative measures to reduce the spread of COVID-19; however, Bullzeye cannot guarantee that you or your child(ren) will not become infected with COVID-19. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Bullzeye, its employees, agents, and representatives, of and from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the Bullzeye , its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Bullzeye program.
Image/Video/Audio Use Clause:
I hereby give Bullzeye, permission to take photographs/video of me or photographs/video in which I may be involved with others for the purpose of promoting Bullzeye. Furthermore I hereby release and discharge Bullzeye and all its agents from any and all claim arising out of use of the photographs/video.
I have read this RELEASE AND WAIVER OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without and inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the Balance, notwithstanding, shall continue in full force and effect.
