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In consideration of the services and use of the equipment and premises provided by BigHoops LLC (“BigHoops”), I, the undersigned participant, acknowledge and agree as follows:
Assumption of Risk:
BigHoops game play carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I know and understand and appreciate these and other risks are inherent in the activity I am participating in and understand that my use of BigHoops equipment will be undertaken at my sole risk. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
I agree that BigHoops, BigSports Inc., its affiliates, subsidiaries, officers, directors, employees, and agents (“BigHoops Parties”) will not be liable for any claims, demands, injuries, damages, actions or causes of action whatsoever (including lost or damaged personal possessions) (collectively, “Claims”), arising out of or related to the use of any of the services and/or venues of BigHoops. I expressly release and discharge the BigHoops Parties from all such Claims except to the extent any Claims result directly from the sole negligence on the part of one or more of the BigHoops Parties.
Indemnification and Hold Harmless:
I also agree to indemnify and hold harmless the BigHoops Parties from any and all claims, actions, suits, costs, expenses, damages and liabilities including attorney fees arising out of or related to the use of any of the services and/or venues of BigHoops.
I will familiarize myself with the location of all emergency stop switches before starting gameplay. I will utilize emergency stops in the case of any emergencies or malfunctions of the BigHoops machine. I will adhere to the BigHoops safety guidelines always during gameplay and any additional safety instructions provided by any BigHoops representatives. I agree to exercise safe participation to the best of my ability including but not limited to all safe practices mentioned in this waiver.
I do hereby consent to the use by BigHoops and BigSports Inc of my image, video, and/or voice. In addition, I waive any right to inspect or approve the finished video recording. I agree that all such pictures, video or audio recordings and any reproduction thereof shall remain the property of the author and that the BigHoops and BigSports Inc may use it as it sees fit. I understand that this consent is perpetual, that I may not revoke it, and that it is binding. I understand that these images may appear publicly as part of BigHoops and BigSports Inc website and/or other marketing materials.
I further expressly agree that the forgoing waivers/consents and assumption of risk agreement are intended to be as broad and inclusive as are permitted by the law of the State of Georgia and that if any portion thereof are held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding and Electronic Signature Consent:
I have read this waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I acknowledge and agree that the previously mentioned agreements may be executed by electronic signature, which shall be considered as an original signature. By clicking the accept button I understand I am exercising this electronic signature. I understand that I do have the option of filling out a paper waiver instead of electronically signing. If you would like to exercise this paper option please reach out to the nearest BigHoops representative on premise. I understand I can obtain a copy of this signed document by e-mailing firstname.lastname@example.org with a subject line containing the phone number and email on the account of record and body referring to any updates to information of that account, withdrawal from the agreement, or request for copies of documents.
I Accept the Terms, Liability Waiver, and Media Consent
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