RELEASE AND INDEMNIFICATION
The undersigned (“Participant”), and if the Participant is less than 18 years old, the Participant’s parent or legal guardian (collectively, the “Accessing Parties”) deliver this Release and Indemnification (this “Release”) as a condition to being permitted access to 1201 Woodward, Detroit, Michigan (the “Property”) by 1201 Webward Master Tenant LLC (“Owner”) and Bedrock Management Services LLC (“Manager”), for the Next Level Game Space and Roller Rink, for the period of April 18, 2024 through December 31, 2024. The undersigned hereby agrees to the following:
1. The Accessing Parties hereby assume full responsibility for personal injury and/or property damage to the undersigned and further releases and discharges Manager, Owner, RollerCade LLC (“Operator”) and each of their respective affiliates for any injury, loss or damage during use of or presence at the Property of any Accessing Parties, whether caused by the fault of the Accessing Parties or other parties.
2. In the event of any injury or medical emergency that may occur during Participant’s participation in the Event, Accessing Parties hereby authorize Owner, Manager, Operator and their representatives to obtain medical treatment for me, including but not limited to emergency medical treatment, transportation to a medical facility, and administration of medication, as deemed necessary by medical professionals.
3. The Accessing Parties agrees to indemnify and hold harmless Manager, Owner and Operator against all claims of action, damages, judgments, costs or expenses, including attorneys’ fee and other litigation costs, which may in any way arise from or relate to any of the Accessing Parties’ use of or presence at the Property and agrees to pay for all damages to the Property caused by any actions of any Accessing Parties.
4. If Participant is signing this Release on behalf of a minor participant, Participant represents and warrants that Participant is the legal guardian of the minor participant and that Participant has full legal authority to consent to the terms and conditions set forth herein on behalf of the minor participant.
5. When Accessing Parties attend the Event, Accessing Parties enter an area where photography, audio, and video recording may occur. By entering the event premises, Accessing Parties consent to such recording media and its release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites. Accessing Parties further waive all rights they may have to any claims in connection with any exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose of sponsoring of such exhibiting, broadcasting, web casting, or other publication.
6. This Release is intended to be as broad and inclusive as is permitted by law. If any provision of this Release is held to be invalid or legally unenforceable for any reason, the remainder of this Release shall not be affected thereby and shall remain valid and fully enforceable. Any legal or equitable claim that may arise from any Accessing Party’s use of or presence at the Property shall be resolved under Michigan law. Any legal or equitable claim will be resolved by a court of competent jurisdiction in Wayne County, Michigan.
7. This Release does not create a license or permit the undersigned to use the Property. Any permission for the undersigned to access or use the Property shall be strictly in accordance with Owner or Manager’s instructions and rules and regulations. The Owner shall be entitled to injunctive relief and any other remedy available at law or in equity for any use of the Property by the Accessing Parties beyond what is expressly authorized by Owner.
8. THE UNDERSIGNED HAS READ THIS DOCUMENT IN ITS ENTIRETY. THE UNDERSIGNED IS AWARE AND UNDERSTANDS THAT ACCESS TO THE PROPERTY MAY INVOLVE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE AND HEREBY FREELY AND VOLUNTARY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE SUSTAINED BY THE ACCESSING PARTIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE MANAGER, THE OWNER, THE OPERATOR OR OTHERWISE. THIS ASSUMPTION OF RISK AND RELEASE IS BINDING ON THE UNDERSIGNED AND ITS EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS.
NOTE: THIS FORM SHOULD BE SIGNED BY ALL PARTICIPANTS (OR THEIR LEGAL GUARDIANS, IF PARTICIPANTS ARE MINORS) BEFORE PARTICIPATING IN THE EVENT.