PCG Wavier Form
PCG Wavier Form
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Gaming Lounge
ACKNOWLEDGEMENT OF RISK, WAIVER OF LIABILITY, RELEASEPLEASE READ THIS FORM CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THERE ARE INHERENT RISKS OF INJURY WHILE PARTICIPATING IN THESE ACTIVITIES. SERIOUS INJURY OR DEATH MAY RESULT FROM PARTICIPATION.BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING CERTAIN LEGAL RIGHTSIn consideration of my ability to use the Platinum City Gaming indoor Bumper Cars facility, the Bounce House, Arcades, Half Court Basketball and participate in and enjoyment of services and activities and events operated and hosted by Platinum City Gaming , and (hereinafter “Platinum City Gaming ”) including, without limitation, driving karts, using the Basketball Court, the food and beverage areas or any other recreation of every type and description, and/or for any other purpose (hereinafter collectively “Events”) and in consideration of my ability to enter into or upon the premises, locations, and facilities where said Events are or will be taking place, I, for myself, my representatives, agents, assigns, successors, heirs, and next of kin (hereinafter collectively “undersigned”) hereby agree to the terms of this ACKNOWLEDGEMENT OF RISK, WAIVER OF LIABILITY, RELEASE (the “Agreement”) as follows:The undersigned acknowledges that he/she will be participating in activities, including but not limited to, bumper cars , Basketball , Bounce House, which involve the risk of injury to person or property, including death. With full knowledge of the risks involved, the undersigned hereby expressly assumes and accepts any and all risks of injury, death, damage, or loss that may occur as a result of his/her participation in Platinum City Gaming Events, activities or programs and/or the use of Platinum City Gaming premises, facilities, equipment, and/or machinery. The undersigned hereby releases and holds Platinum City Gaming harmless from liability for any such injury or damage, including any injury or damage that may result from Platinum City Gaming negligence and/or that may occur as a result of any emergency care provided, if any. The undersigned also hereby agrees to indemnify, save, and hold harmless Platinum City Gaming from any liability, loss, damages, costs, claims and/or causes of action he/she may incur (including attorney’s fees and court costs), arising out of or related to the undersigned’s participation in the Events or in any way related to the undersigned’s presence in or upon the premises where the Events are or will be taking place, including without limitation that caused by the negligence of Platinum City Gaming and that occurred as a result of emergency care provided. The undersigned also agrees to pay Platinum City Gaming for any and all damages to the premises, facilities, equipment, and/or machinery caused by the undersigned.The undersigned hereby releases Platinum City Gaming and its owners, employees, contractors, permittees, agents, representatives, assignees, successors, heirs, volunteers and other entities working for or with Platinum City Gaming , from any and all liability, loss, damages, costs, claims and/or causes of action, including but not limited to injury to the person or property and emotional and bodily injuries, including death, including without limitation any and all liability caused or occasioned by the sole or partial fault or negligence of Platinum City Gaming arising in any way from or related to the undersigned’s participation in any Events as herein described, the undersigned’s presence on, in, or about the premises where said Events are or will be takingplace, and the undersigned’s use of Platinum City Gaming premises, facilities, equipment, and machinery.The undersigned acknowledges that he/she will not participate in any Events or utilize the premises, facilities, equipment, or machinery if under the influence of alcohol or drugs, or have a physical condition that would impair his/her ability to understand and follow directions and participate without creating risk to others or him/herself. It is the undersigned’s responsibility to consult with a doctor prior to participation and to participate only in those activities for which he/she has been cleared by his/her personal doctor, and possesses the required skills, qualifications, training and physical conditioning.Platinum City Gaming reserves the right to deny participation to any person for any reason, including, but not limited to, failure to complete and sign this Acknowledgement of Risk, Waiver of Liability, and Release form, failure to follow Platinum City Gaming rules and regulations, failure to follow Platinum City Gaming written or oral instructions/commands, display of actions or attitude that Platinum City Gaming deems to be detrimental to its business and/or other patrons, possession of banned or illegal substances, and engaging in unsafe or erratic behaviors/actions. In such an instance, Platinum City Gaming reserves the right to require that any person leave the premises immediately and without refund of any fees paid. In the event of an emergency requiring medical care, the undersigned authorizes Platinum City Gaming to use its best efforts to obtain whatever medical treatment it, in its sole discretion, deems appropriate under the circumstances, and consents to receive such medical treatment, if any. The undersigned acknowledges that Platinum City Gaming shall have no responsibility to pay for medical treatment and related costs in any event.The undersigned agrees that he/she may be photographed and consents to the use of any photograph, video, film, or likeness to be used by Platinum City Gaming for any legitimate business purpose.The undersigned agrees that this Acknowledgement of Risk, Waiver of Liability and Release is intended to be and shall be construed as broadly and inclusively as is permitted by the law of the Commonwealth of Massachusetts or other applicable laws, and that it is fully severable, such that if any portion is held to be invalid, the undersigned agrees that the balance shall nonetheless continue in full force and effect. The undersigned also agrees that no oral or written representations can or will alter the contents of this document.By signing this Acknowledgement of Risk, Waiver of Liability and Release, the undersigned certifies:I HAVE READ AND UNDERSTAND THE CONTENT OF THIS ACKNOWLEDGEMENT OF RISK, WAIVER OF LIABILITY, AND RELEASE. I AM AWARE THAT BY EXECUTING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS THAT I, MY CHILD OR OUR HEIRS, NEXT OF KIN, AGENT, ASSIGN, EXECUTORS OR ADMINISTRATORS MAY HAVE HAD AGAINST SUPERCHARGED. I AM AT LEAST 18 YEARS OF AGE AND SIGN FREELY AND VOLUNTARILY. THIS RELEASE SHALL CONTINUE IN FORCE DURING THISVISIT AND ALL FUTURE VISITS, UNLESS AND UNTIL REVOKED IN WRITING BY THE UNDERSIGNED.Assumption of the Risk and Waiver of Liability Relating to: Coronavirus/ COVID 19The 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. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in my locations, prohibited the congregations of groups of people. Platinum City Gaming has put in place preventative measures to reduce the exposure of COVID-19 (please review our safety guideline that are posted different locations throughout the facility); however, Supercharged Entertainment cannot guarantee that you will not become infected with COVID-19. Further, participating in activities at the Platinum City Gaming Entertainment facility could increase your risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in activities at the Platinum City Gaming Entertainment facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Platinum City Gaming Entertainment facility may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, volunteers, and other participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at the Platinum City Gaming Entertainment facility or participation in activities at the Platinum City Gaming Entertainment facility (“Claims”). On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Platinum City Gaming Entertainment, its employees, agents, and representatives, of and from the Claims, including 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 Platinum City Gaming Entertainment, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Platinum City Gaming Entertainment activities. *
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