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Get In It Games
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Learn More
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More
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WAIVER POLICY

 

WAIVER AND RELEASE OF LIABILITY AGREEMENT

Get In It Games (GIIG) Rental Activities

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. BY INDICATING YOUR ACCEPTANCE (E.G., CHECKING A BOX OR CLICKING “I AGREE”), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND THAT YOU VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.

1. DEFINITIONS

  • “Activity” refers to any and all activities, events, games, rentals, or experiences offered, hosted, or facilitated by Get In It Games (hereafter “GIIG”).
  • “Participant” or “I” refers to the individual engaging in the Activity.
  • “Released Persons” refers to GIIG; its owners, operators, managers, employees, contractors, service providers, affiliates, representatives, agents, and attorneys; and any other parties acting on its behalf.

2. ASSUMPTION OF RISKS

I understand and acknowledge that participation in the Activity involves both inherent and potential risks, including but not limited to:

  1. Physical exertion, including running, jumping, and sudden directional changes;
  2. Slips, trips, and falls within the Activity area or adjacent spaces;
  3. Collisions or contact with other participants, objects, structures, or equipment;
  4. Physical injuries ranging from minor (sprains, cuts, bruises) to severe (broken bones, concussions, or other serious trauma);
  5. Exposure to flashing lights, moving visuals, sound effects, or other stimuli that may cause discomfort, stress, or disorientation;
  6. Sharing the space with multiple participants, which may increase the likelihood of accidental contact;
  7. Contact with or impact against furniture, equipment, walls, or fixtures;
  8. Environmental hazards, such as uneven flooring or cords, in a dynamic and changing Activity space; and
  9. Emotional or psychological stress resulting from competitive or cooperative aspects of the Activity.

I acknowledge these risks may arise from foreseeable or unforeseeable causes, including but not limited to the negligence of the Released Persons, my own actions or inactions, the actions or inactions of others, or accidental events.

3. FITNESS TO PARTICIPATE

I represent and warrant that I am physically and mentally fit for the Activity and have no condition that would impair my safe participation. I confirm that I am not under the influence of drugs, alcohol, or any substances that could affect my judgment, coordination, or ability to participate safely.  I understand that the interactive floor system has a maximum weight capacity of 300 pounds per individual, and I confirm that I meet this requirement. 

4. WAIVER AND RELEASE OF CLAIMS

In exchange for my participation in the Activity, I, on behalf of myself, my heirs, successors, and assigns, and on behalf of any minor child for whom I am the parent or legal guardian, hereby:

  1. Assume all risks associated with the Activity, including risks arising from the negligence of the Released Persons or from defective or improperly maintained equipment;
  2. Waive, release, and discharge the Released Persons from any and all liability, whether in contract or tort (including negligence), for any injuries, illnesses, emotional distress, property damage, wrongful death, or other losses arising from or related to the Activity; and
  3. Agree to indemnify and hold harmless the Released Persons from any claims, actions, suits, costs, expenses, damages, or liabilities, including attorneys’ fees, brought by me or any third party as a result of my participation in the Activity, to the extent such claims are waived or discharged under this Agreement.

5. RULES, SAFETY, AND TERMINATION OF PARTICIPATION

I agree to follow all rules, instructions, warnings, and policies related to the Activity. I understand that the Released Persons may, at their sole discretion, determine whether it is safe for me or others to begin or continue participating. I acknowledge that inappropriate behavior—such as intentional disruption, the use of profanity, or unsafe conduct—may result in my immediate removal from the Activity without any refund.

6. RESPONSIBILITY FOR DAMAGE

I accept full financial responsibility for any damage I cause to equipment, facilities, or property associated with the Activity, whether resulting from my negligence or intentional acts.

7. MEDICAL TREATMENT

If I become injured or ill during the Activity, I consent to receive appropriate medical treatment at my own expense. I understand that the Released Persons have no obligation to provide medical treatment and that any treatment provided does not constitute an admission of liability.

8. PERSONAL BELONGINGS

I acknowledge that the Released Persons are not responsible for the loss, theft, or damage of any personal belongings I bring to the Activity.

9. MEDIA AND CONTENT USAGE

9.1 Use of Image and Likeness

I grant the Released Persons the right to record, photograph, videotape, or otherwise capture my image, likeness, voice, and performance during the Activity. I authorize the Released Persons to use such materials, without compensation, for marketing, promotional, informational, or commercial purposes in any current or future media.

9.2 Ideas, Feedback, and Other Content

If I share any ideas, feedback, suggestions, or other content (“Submissions”) during the Activity—whether orally, in writing, or through any other form of communication—I agree that:

  1. I provide such Submissions voluntarily and without any expectation of compensation, confidentiality, or rights of ownership;
  2. The Released Persons may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, or publicly display such Submissions in perpetuity, in any media known now or in the future, for any lawful purpose;
  3. I warrant that my Submissions do not infringe on the intellectual property or other rights of any third party and that I have the right and authority to grant these permissions.

10. SUPERVISION OF MINORS AND RESPONSIBILITY FOR GUESTS

  1. Supervision of Minors: Any adult participant who brings a child under the age of 13 to the Activity is responsible for supervising that child at all times. The Released Persons are not responsible for the safety or behavior of unsupervised minors.
  2. Event/Party Hosts: If I am hosting an event or party, I assume responsibility for the safety, conduct, and compliance of all guests under my invitation who have not signed this Agreement. I will ensure that all guests are informed of and abide by the Activity’s rules and safety guidelines. I agree to indemnify and hold harmless the Released Persons from any claims or liabilities arising from the actions or injuries of my guests.

11. SEVERABILITY AND INTERPRETATION

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to ensure enforceability while preserving the parties’ original intent. All other provisions shall remain in full force and effect. This Agreement shall be interpreted as broadly as permitted by applicable law to maximize the enforceability of the release, waiver, and indemnification provisions.

12. ENTIRE AGREEMENT

This Agreement sets forth the entire understanding between me and the Released Persons regarding the subject matter herein and supersedes all prior agreements or understandings, whether oral or written, relating to my participation in the Activity.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

14. CONSENT TO ELECTRONIC SIGNATURE

By electronically agreeing to this Waiver and Release of Liability Agreement, I confirm that I have carefully read, fully understand, and voluntarily accept the terms of this Agreement. I understand that by agreeing, I am giving up substantial legal rights.

BY INDICATING MY ACCEPTANCE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT, THAT I AGREE TO BE LEGALLY BOUND BY ITS TERMS, AND THAT I AM GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, AS DESCRIBED HEREIN.

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