I enter into this Waiver Release (Agreement) with Shipwrecked Brooklyn LLC for the privilege to use their family entertainment center (Facility) called “Shipwrecked Miniature Golf” and "Shipwrecked Escape Deck" located at: 619 & 621 Court Street, Brooklyn, NY 11231.
Waiver and release of all claims (including negligence)
In consideration for use of the facility, I waive and release Shipwrecked Brooklyn LLC, its agents, servants, employees, insurers, successors and assigns from all claims, demands, causes of action, damages or suits at law and equity of whatsoever kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence at the facility or use of the facility and/or equipment. This waiver and release is intended to and does release Shipwrecked Brooklyn LLC from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties and Shipwrecked Brooklyn LLCs negligence, including but not limited to negligence in the construction, maintenance and upkeep of the facility and its equipment, negligence in training or negligence in supervision. This is not intended to release Shipwrecked Brooklyn LLC from any liability resulting from their intentional conduct.
I further covenant and agree not to institute any claims or legal action against Shipwrecked Brooklyn LLC for any claim released by this Agreement. I further agree that should any claim be made against Shipwrecked Brooklyn LLC in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend and completely indemnity (reimburse) Shipwrecked Brooklyn LLC for any such claim and expenses including attorneys fees and costs incurred by Shipwrecked Brooklyn LLC in defending themselves or security indemnity hereunder.
I recognize the facility is not supervised, and I agree to use the facility (including premises and equipment) entirely at my own risk. I also accept full responsibility for any minor(s) under my supervision and therefore release Shipwrecked Brooklyn LLC from any liability.
I understand that Shipwrecked Brooklyn LLC is not responsible for any lost or stolen valuables or property from within the facility. While at the facility, I agree to conduct myself in a responsible manner and will refrain from engaging in inappropriate conduct, including the use of loud, foul, slanderous language or any intimidating or offensive conduct that would interfere with the peaceful use and enjoyment of the facility by other users.
I acknowledge that I have read the rules and regulations governing the use of the facility. I agree that I will fully comply with all rules and regulations and with any amendments.
I have read the Agreement and understand that by signing the Agreement I have consented to be bound by its terms, including the waiver/release of any legal right I may have to sue Shipwrecked Brooklyn LLC for any costs they incur because a claim or legal action is brought in violation of this Agreement. I agree any violation of the Agreement and its terms and conditions, as determined by Shipwrecked Brooklyn LLC, will void and terminate this Agreement and may result in loss of the ability to use the facility.
Photo release waiver:
I hereby grant Shipwrecked Brooklyn LLC permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Shipwrecked Brooklyn LLC and I hereby irrevocably authorize the Shipwrecked Brooklyn LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
Shipwrecked Brooklyn LLC Rules and Regulations:
The following rules and regulations are intended to make Shipwrecked Brooklyn LLC’s facility safe, enjoyable and pleasant. These rules apply to all users and might be amended periodically by Shipwrecked Brooklyn LLC.
Users shall not misuse or use the facility and related equipment in any manner that will cause damage. Users shall not install, nor tamper with or remove, any equipment in the facility. No person may use the facility without signing a release. Guests are not authorized to use the facility, and users may not grant access to the facility, nor permit the facility to be used, by any unauthorized persons. Should users misuse or damage the facility or any props or scenic elements within the facility, users will be responsible for and billed for any and all repair costs to bring the facility back up to working order.
The minimum attire at the facility is shorts/skirt, t-shirt, and shoes. Any conventional clothing is permissible. Shoes or similar footwear must be worn at all times.
Any conduct that unreasonably interferes with the use or enjoyment of the facility or the equipment by others or disrupts or interferes with normal, safe, orderly and efficient operation is strictly prohibited. Personal audio equipment, cameras/video recorders may not be used without consent.
Smoking of any kind or consumption of ALL types of tobacco/nicotine products is strictly prohibited in the facility.
Users shall not consume illegal drugs on the premises and may not be under the influence of drugs or alcohol when using the facility. Shipwrecked Brooklyn LLC and its employees, managers and staff have the right to refuse entrance to the facility or request a participant leave at their sole discretion at any time for any reason. There are no refunds.
Weapons, guns, firearms and ammunition of any kind are not permitted on the premises.
Users must immediately notify Shipwrecked Brooklyn LLC if they discover unsafe or hazardous defects or conditions relating to the facility or equipment. Complaints or suggestions regarding the operation, maintenance, services and equipment at the Facility should be directed to management.
No participant may leave litter, trash, debris or articles of clothing at the facility. The entry door must be kept closed at all times.
Participants must meet the minimum age requirements, as specified for each attraction. A valid ID or parental approval will be requested for anyone to verify such age.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19:
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Shipwrecked Brooklyn LLC (“the Company”) has put in place preventative measures to reduce the spread of COVID-19; however, the Company cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Facility could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the Facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Facility may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Company employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the Facility or participation in Facility programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Company, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Company, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at the Facility.