Waiver

WAIVER AND RELEASE

In consideration of being admitted to the Fresh Coast Phoosball Arenas and being permitted by the Fresh Coast Phoosball Parties to participate in Fresh Coast Phoosball activities, I agree as follows:

Acknowledgement; Release; Acceptance of All Risks. I acknowledge, expressly agree and understand:

• Phoosball Activities involve inherent, known and unanticipated risks, any and/or all of which could result in physical or emotional injury, disability, death, and property damage;
• The risks of the Phoosball Activities are open and obvious to me.
• I accept and assume all of the risks attendant to the Phoosball Activities.
• I release and discharge the Fresh Coast Phoosball Parties (as defined below) from any and all loss, costs, liability, damages, claims and/or causes of action arising from and/or relating to my admission to Fresh Coast Phoosball Parties’ facilities, my participation in any Fresh Coast Phoosball Activity and/or my use of Fresh Coast Phoosball Parties’ equipment and facilities except for intentional/gross negligence and/or criminal acts committed by the Fresh Coast Phoosball Parties.
• I covenant not to sue the Fresh Coast Phoosball Parties on account of any such loss, costs, damages, liability, claim(s) and/or causes of action pursuant to this Waiver and Release.

Indemnification and Hold Harmless. I hereby knowingly and voluntarily agree to indemnify and hold harmless the Fresh Coast Phoosball Parties from any and all claims, demands, or causes of action, including attorneys’ fees and expenses, that arise from and/or are in any way related to and/or connected with:

• my participation in any Fresh Coast Phoosball Activity and/or use of the equipment and/or facilities;
• any claim by a third party for personal injury, damage, loss or theft of property based or cause upon my participation in any Fresh Coast Phoosball Activity and/or use of the equipment and/or facilities.

Rules. I will abide by all written and/or posted rules of Fresh Coast Phoosball; the requirements of applicable law; and any further directions, instructions and decisions of Fresh Coast Phoosball Parties’ personnel relating to the manner of my participation in all Fresh Coast Phoosball Activities.

Photography. I grant the Fresh Coast Phoosball Parties the right to photograph and record me within the Fresh Coast Phoosball Arena, and permit the unrestricted use of such photographs and recordings, without consideration or compensation to me for such use.

Minors. If the participant is a minor, I, the person signing below, am the parent and/or legal guardian of the minor, and on behalf of such minor, hereby knowingly and voluntarily agree to indemnify and hold harmless the Fresh Coast Phoosball Parties from any and all claims, demands, or causes of action, including attorneys’ fees and expenses, that arise from and/or are in any way related to and/or connected with the minor’s participation in any Fresh Coast Phoosball Activity and/or use of the Fresh Coast Phoosball equipment or facilities. I further acknowledge and agree that I have explained the inherent risks to the minor.

General: I acknowledge and agree:

• If any of the Fresh Coast Phoosball Parties shall be found liable to me for any reason whatsoever — notwithstanding the Release set forth above — for any loss, costs or damages I may suffer, the total liability of the Fresh Coast Phoosball Parties shall be limited to the amount I paid to participate in the Fresh Coast Phoosball Activities giving rise to any claim or cause of action for such loss, costs or damages.
• This Waiver and Release cannot be modified or changed in any way by representations or statements of any agent or employee of Fresh Coast Phoosball;
• This Waiver and Release shall be valid, binding and in full force and effect for all my future participation in Fresh Coast Phoosball Activities unless and until this Waiver and Release is specifically revoked by me in writing.

READ THIS DOCUMENT CAREFULLY BEFORE SIGNING – IT HAS LEGAL CONSEQUENCES

By signing below, I have read and understand this Waiver and Release; I understand I am giving up substantial rights, including my right to sue. I am signing this Waiver and Release freely and voluntarily with the intent to be bound by its terms, and not under any physical or emotional disability or diminished mental capacity.

“Fresh Coast Phoosball Parties” shall mean Fresh Coast Phoosball, LLC, and each and every entity d/b/a “Fresh Coast Phoosball ” and all trades or businesses under common control, and their respective officers, directors, members, managers, employees, agents, representatives, contractors, insurers, spectators, affiliates, equipment suppliers, volunteers; and the heirs, successors and assigns of the foregoing.