FOAM HOUND
PARTICIPANT AGREEMENT, RELEASE AND LIABILITY WAIVER
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS.
1. Parties and Activity Description
This Agreement is entered into between Foam Hound LLC (including its owners, employees, and agents) and the individual named below (referred to as "Participant"). If the Participant is under 18 years of age, this document must be completed by their parent or legal guardian. This waiver applies to all events, games, open play, tournaments, and activities involving foam dart blasters, foam rival blasters, or similar foam-projectile devices (collectively, the "Nerf Blaster Battle Activities") hosted by Foam Hound.
2. Acknowledgment and Assumption of Risk
I understand that participating in Nerf Blaster Battle Activities involves inherent risks. These risks include, but are not limited to:
- Tripping, falling, colliding with obstacles, barricades, or other players.
- Minor injuries such as cuts, scrapes, bruises, sprains, or muscle strains.
- Projectiles striking the body, face, or eyes, potentially causing temporary or permanent eye injury or hearing loss.
- Exertion and physical stress, which can worsen underlying medical conditions.
I voluntarily assume all risks, both known and unknown, associated with my (or my minor child's) participation in these activities.
3. Safety Rules and Equipment Mandate
I agree to strictly adhere to all safety instructions provided by Foam Hound staff. Specifically, I acknowledge that:
- Eye Protection: Approved protective eyewear is mandatory at all times inside the play arena. Removing eye protection during a battle is grounds for immediate removal without a refund.
- Blaster Modifications: Foam Hound reserves the right to inspect and ban any personal blasters that exceed local velocity (FPS) limits, utilize dangerous modifications, or use unapproved darts/projectiles.
- Physical Contact: Intentional physical contact, tackling, or hitting other participants with blasters or hands is strictly prohibited.
4. Release and Waiver of Liability
To the fullest extent permitted by law, I hereby release, waive, acquit, and forever discharge Foam Hound LLC, its officers, directors, employees, and property owners from any and all liability, claims, demands, or causes of action arising out of negligence. This includes any personal injury, property damage, or wrongful death resulting from my (or my minor child's) participation in Nerf Blaster Battle Activities.
5. Indemnification
I agree to indemnify, defend, and hold harmless Foam Hound LLC from any and all claims, suits, actions, damages, liabilities, and expenses (including attorney fees) brought by me, on my behalf, or by any third party, arising out of my (or my minor child's) conduct or participation in the event.
6. Medical Authorization
In the event of an injury or medical emergency during a Foam Hound activity, I authorize Foam Hound staff to secure first aid, medical treatment, or emergency transportation. I agree that I am solely responsible for any medical costs incurred.
7. Governing Law and Severability
This Agreement shall be governed by and construed in accordance with the laws of the state where the activity takes place. If any portion of this waiver is found to be invalid or unenforceable by a court of law, the remaining provisions will continue in full legal force and effect.