READ THE ENTIRE STATEMENT BELOW CAREFULLY BEFORE SIGNING RELEASE OF LIABILITY AND ASSUMPTION OF RISK In consideration of being permitted by Tactical Urban Combat, LLC (“TACTICAL URBAN COMBAT”) to view as a spectator and/or participate in its activities, and use its equipment and facilities (collectively, the “Activities”), I hereby voluntarily agree to release, discharge, indemnify and hold harmless TACTICAL URBAN COMBAT, its agents, owners, members, governors, managers, employees, volunteers, participants, and all other affiliated entities, successors and assigns (the “Released Parties”), from liability arising from ordinary negligence, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate, and further agree as follows: I acknowledge that my participation in the Activities may involve the use of the foam ball or other projectiles, Laser Tag, Dodgeball, Squirt Guns, virtual reality and physical activity which entail known and unknown risks. The risks include, but are not limited to, serious physical injury, death, paralysis, blindness, bruises, hearing or vision impairment or loss, medical conditions resulting from physical activity, or other ailments that may cause temporary or permanent disability. Damage to personal property or clothing may occur. There is also risk that TACTICAL URBAN COMBAT employees may be negligent in, among other things, monitoring and supervising the activities. Other risks and hazards may result from the negligence of other participants in the Activities, third parties, accidents, forces of nature, and other such risks, hazards and dangers that are present in such Activities. I acknowledge that my participation in the Activities may result in injury, illness, or death to myself, TACTICAL URBAN COMBAT employees or agents, other participants and bystanders, and damage to property. I acknowledge that I am voluntarily participating in the Activities with knowledge of the danger involved and hereby agree to accept and assume any and all risks existing in the Activities, and all responsibility for any losses and/or damages caused by the negligence of the Released Parties or other participants. I hereby voluntarily release, forever discharge, indemnify and hold harmless the Released Parties from any and all claims, demands, or causes of action, which are in any way connected with my participation or viewership in the Activities, or my use of TACTICAL URBAN COMBAT equipment or facilities, arising from negligence. Pursuant to Minn. Stat. § 604.055, effective August 1, 2013, nothing in this Agreement intends to waive liability for damage, injury, or death resulting from conduct that constitutes greater than ordinary negligence, such as willful or wanton conduct. Should TACTICAL URBAN COMBAT or Released Parties incur attorney’s fees and costs to enforce this agreement arising from my participation, I agree to indemnify and hold any of the foregoing harmless for all such fees and costs. I certify that I am willing to assume the risk of participating in the Activities, notwithstanding any medical or physical condition I may have, and agree to bear the costs of any such injury or damage to myself or my property. I agree that if any term or provision of this agreement is invalid, illegal, or unenforceable, the remaining terms and provisions shall remain in full force and effect. I agree that any dispute pursuant to this Release of Liability and Assumption of Risk, any action arising out of my participation in – or viewership of – Activities at TACTICAL URBAN COMBAT, or any related action, shall be governed and resolved under Minnesota state law, and Minnesota state courts have exclusive jurisdiction over all such disputes. I hereby grant the Tactical Urban Combat permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Tactical Urban Combat and will not be returned. I hereby irrevocably authorize the Tactical Urban Combat to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. The customer may request to be excluded from the photo or video by asking the referee, management or vidoepgrapher. I hereby hold harmless, release, and forever discharge the Tactical Urban Combat from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. I understand that TACTICAL URBAN COMBAT, at its sole discretion, may eject me from its facility without warning or refund, for reasons not limited to safety rule violations, playing under the influence of alcohol or drugs, use of unauthorized equipment, failure to wear protective gear (helmet and goggles) at all times in the simulation and as directed by TACTICAL URBAN COMBAT, failure to follow staff instructions and facility rules, or for any other reason TACTICAL URBAN COMBAT deems sufficient to warrant ejection. For participant who is a minor, defined as an “individual under the age of 18” years old by Minn. Stat. § 645.451: I agree that this Release of Liability and Assumption of Risk Agreement is all of the releases, waivers and promises herein are binding on the Minor Participant. I represent that I am authorized to sign as the parent or legal guardian of the Minor Participant to bind the Minor Participant to the terms of this Release of Liability and Assumption of Risk. I agree to defend, indemnify and hold harmless TACTICAL URBAN COMBAT from any and all claims or suits for personal injury, death, property damage, or otherwise brought by, on behalf of, or arising from the participation of, the Minor Participant for injuries or damages caused by the negligence of the Released Parties. This Release of Liability and Assumption of Risk does not apply to intentional, willful, or wanton acts. BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE TACTICAL URBAN COMBAT AND RELEASED PARTIES. I HAVE READ AND UNDERSTAND THE ABOVE PHIOTO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENTS/GUARDIANS AS EVIDENCED BY THEIR SIGNATURES BELOW. I ACCEPT:
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