All verbage/rules/information in this waiver applies to DRG Real Estate, LLC, Kokomo Raceway II, LLC DBA: City of Firsts Adventure Park, however, from hereon only City of Firsts Adventure Park will be mentioned.
In consideration of being allowed to enter/or participate in any activity at City of Firsts Adventure Park, the undersigned, on his or her behalf of the participant (s) identified below, acknowledges, appreciates and agrees to the following conditions: I represent that I am the participant/parent/guardian of the participant (s) as named below, or I have obtained permission from the parent/legal guardian of the participant (s) named below to execute the agreement on their behalf. I agree that I as the participant, or the participant (s) named below shall comply with all stated and customary terms, posted safety & instructional signs, rules, and verbal instructions as conditions for participation in activities at City of Firsts Adventure Park. If I observe any hazard during participation, I will bring it to the attention of the nearest City of Firsts Adventure Park employee or manager immediately. I understand that I am responsible for my own or below participant (s) safety and behavior at all times each visit. I understand that participant (s) below will remain in my clear view and attention at all times during this and all visits. I am aware that there are inherent risks associated with participation in City of Firsts Adventure Park activities and I, on behalf of myself and the participant (s) listed below, knowingly and freely assume all risks, both known and unknown, including those that may arise out of negligence of myself and/or participant (s) below, as well as other participants or staff participating/working/attending at City of Firsts Adventure Park. I, for myself and the participant (s) named below, and our respective heirs, assigns, administrators, personal representatives, and next of kin, agree to indemnify and hold harmless, DRG Real Estate, Kokomo Raceway II, LLC, DBA: City of Firsts Adventure Park and City of Firsts Adventure Park management, their affiliates, officers, members, agents, employees, other participants, and sponsors from and against any and all claims, injuries, liabilities, illnesses from communicable disease, damages arising out of or related to our participation in any and all City of Firsts Adventure Park activities, parties or use of any and all areas, including parking lot and all property. I, for myself and the participant (s) named below will read, understand and abide by all posted rules including, but not limited to: ages, sizes, all restrictions for batting cages, go-karts, mini-golf, arcade. I understand that I am responsible for monitoring the participant (s) named below as well as myself during the entirety of our visit. * We reserve the right to deny services to any child or adult who will not agree or disagrees with any or all above. I grant permission to City of Firsts Adventure Park and its agents and employees the unrestricted and irrevocable right to reproduce photos and/or video images taken of myself or participant (s) I have signed for below, or members of my family, for purpose of promotion, publication, illustration, advertising, or trade, in any manner or in any medium. I hereby release DRG Real Estate, LLC, Kokomo Raceway II, LLC DBA: City of Firsts Adventure Park and its legal representatives for all claims and liability relating to said images or videos. Furthermore, I grant permission to use my statements that are given at the facility, with or without my name, for the purpose of advertising and publicity without restriction. I waive my right to any compensation.
I agree that as the participant or participant (s) below that this Agreement extends forever into the future and covers any visit for which this Release, Assumption of Risk, Indemnification, and Waiver applies as well as any return or repeat visits by either myself as 'signer' or those I have signed for below in the future. I agree to defend, indemnify and hold City of Firsts Adventure Park harmless from any and all losses, liabilities, claims, damages or other financial harm incurred by City of Firsts Adventure Park, including reasonable attorney's fees, as a result of any actions of myself or as participant or participant (s) below as well as any injury or damage caused to any other person during my participation and activities at City of Firsts Adventure Park premises.
I as participant, and/or participant (s) below understand that by executing this Agreement I am giving up any right to bring legal action or assertion of a claim against Kokomo Raceway II LLC/DRG Real Estate LLC/ DBA: City of First Adventure Park for (its) or any owner, manager, employee, member, contractor, agent, or another customer’s negligence or for any defective product, equipment, activity, facility or property on its premises, including any property or equipment of my own that I bring to above listed and included facilities/properties. This Release, Assumption of Risk, Indemnification, and Waiver Agreement shall be construed under the laws of the state of Indiana. This waiver applies to and includes all activities, parties, premises, including Concession go-karts, kiddie go-karts, FAST go-karts, mini-golf, arcade, batting cages, outside games and general activities.
Today's Date: April 18, 2024_________________________________________
*ONE WAIVER PER PARTICIPANT IS REQUIRED. MINORS/Participant (s) I am signing for below MUST HAVE SEPARATE WAIVER WITH YOUR or PARENT/LEGAL GUARDIAN’S SIGNATURE. ** Please understand that this is necessary by agreement with liability insurance company request & requirement!
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