Participant Agreement, Assumption of Risk, and Release of Liability

By participating in any activity or event hosted by Battle Masters Adventure Zone (BMAZ) or Elite Action Gaming (EAG) (whose legal names are currently Black Mountain Adventures, LLC and Elite Action Gaming, LLC) whether at our facilities, at a customer’s facility, or at any other indoor or outdoor location, you (and/or the minor under your care) agree to the following:

Acknowledgment of Risks

I understand that participating in activities such as GellyBall, laser tag, virtual reality games, escape games, axe throwing, mini golf, and other recreational or physical activities involves inherent risks. These risks include but are not limited to:

1. Injury or harm: Potential for slips, trips, falls, collisions, or contact with projectiles or equipment, leading to bruises, cuts, fractures, or other injuries.

2. Environmental hazards: Exposure to weather conditions, uneven terrain, insects, animals, or other outdoor risks.

3. Equipment risks: Potential failure, malfunction, or misuse of equipment provided by BMAZ, EAG, or others.

4. Health risks: Physical strain, illness, fatigue, or exposure to communicable diseases, including COVID-19.

5. Unforeseen incidents: Accidents or other events beyond the control of BMAZ, EAG, or their representatives.

I understand that these risks may result in serious injury, illness, permanent disability, or death. I acknowledge that these risks are inherent to the activities and cannot be eliminated without compromising the essential nature of the experience.

Assumption of Risk

By voluntarily participating (or allowing a minor under my care to participate), I assume all risks associated with these activities, whether listed above or not, and accept full responsibility for any injury, damage, or loss, including to my person or property.

Release of Liability

In consideration of being allowed to participate, I hereby:

1. Release and discharge BMAZ, EAG, their owners, employees, agents, volunteers, and affiliates (collectively referred to as "Releasees") from any and all liability for claims, demands, or causes of action arising out of or related to participation in these activities, whether caused by negligence or otherwise, to the fullest extent permitted by law.

2. Agree to indemnify and hold harmless the Releasees against all claims, including attorney’s fees, arising out of my participation or the participation of a minor under my care.

Understand that this release extends to all activities and locations associated with BMAZ and EAG, including off-site or customer-chosen locations.

Customer Conduct

To ensure a safe and enjoyable environment for all participants, customers are expected to conduct themselves in a respectful and responsible manner. This includes, but is not limited to:

• • • Following all instructions provided by staff and adhering to posted safety rules.

    • Using equipment properly and refraining from actions that may endanger themselves or others.

    • Treating staff, other participants, and property with respect.

    • Avoiding disruptive or harmful behavior, including excessive roughness, verbal abuse, or any actions that compromise safety.

Failure to adhere to these guidelines may result in immediate removal from the activity or event without refund. BMAZ and EAG reserve the right to refuse service to anyone who violates these terms.

Important Terms

• Gross Negligence and Willful Misconduct: This release does not extend to proven claims resulting from gross negligence or intentional misconduct by the Releasees.

• Agreement to Participate: Participation in any activity at BMAZ or EAG or any event they host constitutes acknowledgment and acceptance of these terms, regardless of whether a waiver is signed.

• Protective Equipment: I agree to use all provided protective gear as instructed and understand the risks of not doing so.

• Minors: If signing on behalf of a minor, I certify that I am the legal guardian and accept all risks and responsibilities on their behalf.

Miscellaneous

This agreement shall be governed by the laws of the state where the activity takes place. If any part of this agreement is deemed unenforceable, the remaining provisions will remain in full force and effect.

Use of Media

I grant BMAZ and EAG the right to use any photos, videos, or other media captured during my participation (or the participation of a minor under my care) for promotional purposes, without the need for additional consent or compensation.

Use of Contact Information

I consent to BMAZ and EAG using the contact information I provide for their own marketing purposes, including but not limited to promotional emails and announcements. I understand that my information will not be sold or shared with third parties, except for platforms used to facilitate their own marketing efforts (e.g., email services).

Data Breach Liability

I understand that while BMAZ and EAG take reasonable precautions to protect personal information, they are not liable for any unauthorized access to or breach of data stored on third-party platforms used for marketing or communications.

I HAVE READ AND UNDERSTOOD THIS AGREEMENT. BY PARTICIPATING, I ACCEPT ITS TERMS VOLUNTARILY AND UNDERSTAND THAT I AM GIVING UP LEGAL RIGHTS TO THE EXTENT PERMISSIBLE BY THE GOVERNING LAW