WAIVER & RELEASE
WARRANTY AND CONSENT ASSUMPTION OF RISK RELEASE AND WAIVER OF LIABILITY INDEMNITY AGREEMENT TO: IN CONSIDERATION of allowing me to participate in the program, related events and activities provided by Vinay RP LLC, DBA Over Flyte & FCGVR LLC, DBA FlyteCo Tower, including, without limitation, axe throwing, ping pong, bar games, and use of golf simulators (the “ACTIVITIES”):
I WARRANT TO YOU THAT:
• I am familiar with the risk of serious injury and death which any participant in the ACTIVITIES must assume, and
• I believe that I am physically, emotionally and mentally able to participate in the ACTIVITIES, and that my equipment is mechanically fit for my use in the ACTIVITIES, and
• I understand that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with me, and
• I will immediately remove myself from participation, and notify the nearest official, if at any time I sense or observe any unusual hazardous or unsafe condition or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation in the ACTIVITIES.
I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin, that my participation in the ACTIVITIES and execution of this document constitutes agreement to the following:
• All participants must be 6 years old or older for use of golf simulators, 14 years old or older for axe throwing, and 21 years old or older for bar games. The foregoing is subject to modification from time to time.
• We advise pregnant woman to refrain from axe throwing. Please discuss and take the advice of your health care provider.
• All participants are required to wear Closed-Toed Shoes.
• Equipments / inventories are provided by Vinay RP LLC, DBA Over Flyte & FCGVR LLC, DBA FlyteCo Tower. Personal equipments / inventories are not allowed.
• By signing below, I make an unqualified ASSUMPTION OF ALL RISKS associated with participation in the ACTIVITIES by me even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the ACTIVITIES organizer and any persons associated therewith or participating therein.
• I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC and/or PHE guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
• Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.
• I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby
RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) Vinay RP LLC, DBA Over Flyte & FCGVR LLC, DBA FlyteCo Tower, their owners, officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.
• I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.
• By signing below, I agree to a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the above named parties, any program organizer and all persons and organizations associated with them and the ACTIVITIES, including without limiting the generality of the foregoing, their respective officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and/ or lessors of the premises used to conduct the ACTIVITIES, sanctioning bodies, medical or rescue personnel (the “RELEASEES”), of and from with the respect to all injury, disability, death or loss or damage to person or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise, and
• By signing below, I agree NOT TO SUE the RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation in the ACTIVITIES by me, and
• By signing below, I agree TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based n the negligence or the gross negligence of the RELEASEES or otherwise.
• In the event that Vinay RP LLC, DBA Over Flyte & FCGVR LLC, DBA FlyteCo Tower, takes photographs or videos, I hereby assign full copyright of these photographs and videos to Vinay RP LLC, DBA Over Flyte & FCGVR LLC, DBA FlyteCo Tower, together with the right of reproduction either wholly or in part. Furthermore, I grant Vinay RP LLC, DBA Over Flyte & FCGVR LLC, DBA FlyteCo Tower, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for editorial trade, product or service advertising and such other fashion /business purpose in any manner and medium, including advertising with any retouching or alteration without restriction or compensation
• You must wear closed-toed shoes in order to participate in axe throwing activities. By wearing footwear that exposes your toes, you’re at risk of injury including, but not limited to, axes falling on your feet and/or hitting your feet causing minor to severe injury. If you decide to wear open-toed shoes despite being instructed not to do so either on this waiver and/or by an on-site employee, you assume all liability and risk by doing so.
Rules and Regulations:
All participants must adhere to our safety guidelines and follow instructions provided by our staff.
Golf bays, axe throwing lanes, and ping pong tables are to be used only for their intended purposes.
Any damage to the equipment or property caused by misuse or negligence may result in additional charges.
- $75 broken club fee.
- $400 Broken touch-screen monitor.
Alcohol consumption may be restricted or prohibited depending on local laws and regulations.
Participants must be of legal age to consume alcohol
Liability and Release:
Participants assume all risks associated with the use of the golf bays, axe throwing lanes, and ping pong tables.
Over Flyte® and its staff shall not be held liable for any injuries, damages, or losses incurred during the use of the facilities.
Participants are required to sign a waiver/release form before using the facilities, acknowledging the assumption of risks.
Safety:
Participants are responsible for their own safety and the safety of others.
Anyone under the influence of drugs will not be allowed to use the facilities. Alcohol may be consumed during use of the facilities; however, all guests are required to drink responsibly. Over Flyte® reserves the right to remove any persons from the activity and facility without refund if it appears the user has consumed alcohol beyond a reasonable amount.
Over Flyte® reserves the right to refuse service to anyone who poses a safety risk or violates the rules and regulations.
Over Flyte Denver Social Media Photo and Video Release
Introduction: By entering and participating in Over Flyte Denver, events, activities, or premises, you agree to the terms outlined in this Photo and Video Release. This agreement allows Over Flyte Denver to use and publish your image, likeness, and voice for promotional and marketing purposes on our official social media channels.
Consent: I, the undersigned, hereby grant Over Flyte Denver, the irrevocable and unrestricted right to use and publish photographs, videos, and/or audio recordings taken of me during Over Flyte Denver events, activities, or on the premises, for any lawful purpose, including but not limited to promotional materials, advertisements, and social media.
Release: I release Over Flyte Denver, its employees, representatives, and any third parties acting under its authority, from any liability related to the use of my image, likeness, and/or voice, including any claims for compensation, defamation, invasion of privacy, or infringement of moral rights.
Use of Media: Over Flyte Denver may use the photographs, videos, and/or audio recordings in various media formats, including but not limited to online platforms, social media, websites, print materials, and promotional materials.
Duration: This release is effective indefinitely from the date of acceptance and applies to all media captured during Over Flyte Denver events or on the premises.
Revocation: If I wish to revoke this release, I understand that I must provide written notice to Over Flyte Denver specifying the media content to be excluded, and such revocation will only apply to future uses.
Contact Information: For any concerns or questions regarding the use of media, please contact Over Flyte Denver.
Intellectual Property:
All intellectual property rights associated with Over Flyte® branding, logo, and website content are the sole property of Over Flyte®.
You may not use, reproduce, or modify any of Over Flyte® intellectual property without prior written permission.