Participant Agreement, Release and Assumption of Risk (The Agreement) – The T.A.G. Art Company Fun Farm

In consideration for gaining access to 7629 Moeller Road, Fort Wayne, IN 46806, (the “Location”), and engaging the services of The T.A.G. Art Company, their agents, owners, officers, directors, representatives, assigns, affiliates, volunteers, participants, employees, insurers, and all other persons or entities acting in any capacity on their behalf, (herein after collectively referred to as “TAG Art” ), I agree as follows:

I acknowledge that my participation in TAG Art games or activities entails known and unanticipated risks that could result in physical or emotional injury including, but not limited to broken bones, sprained or torn ligaments, paralysis, death, or other bodily injury or property damage to myself my child(ren), or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I expressly agree and promise to accept and assume all of the risks existing in these activities. My and/or my child(ren)’s participation in this activity is purely voluntary and I elect to participate, or allow my children to participate in spite of the risks. If I and/or my child(ren) are injured, I acknowledge that I or my child(ren) may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I UNDERSTAND AND AGREE THAT TAG ART WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME IF I AND/OR MY CHILD ARE INJURED UNLESS SUCH INJURY WAS CAUSED BY Gross negligence or willful or wanton behavior by TAG ART. TAG Art does not supply medical services, have a physician or other medical staff on-site, nor does it contain a first aid facility. First aid for any circumstance shall be at the expense and arrangement of the individual. In consideration of TAG Art allowing my participation in games or activities, I for myself and on behalf of my child(ren) and/or legal ward, heirs, administrators, personal representatives, or assigns, do agree to hold harmless, release and discharge TAG Art of and from all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to TAG Art’s ordinary negligence: and I, for myself and on behalf of my child(ren) and/or legal ward, heirs, administrators, personal representatives, or any assigns, further agree that except in the event of TAG Art’s gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against TAG Art for any economic and non-economic losses due to bodily injury, death, property damage sustained by me and/or my minor child(ren) that are in any way associated with TAG Art games or activities. Should TAG Art or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this Agreement, I for myself and on behalf of my child(ren), and/or legal ward, heirs, administrators, personal representatives or assigns, agree to indemnify and hold them harmless for all such fees and costs.

I certify that I am physically able to participate in all activities at the Location without aid or assistance from TAG Art. I further certify that I am willing to assume the risk of any medical or physical condition that I may have. I acknowledge that I have read the rules, (the “TAG Art Rules”) governing my and/or my child(ren)’s participation in any activities at the Location. I certify that I have explained the TAG Art Rules to the child(ren) listed in this waiver. I understand that the TAG Art Rules have been implemented for the safety of all guests at the Location, including myself and/or my child(ren). I acknowledge that failure to follow the rules could result in the expulsion of myself and/or my child(ren) from the Location. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. If there are any disputes regarding this agreement, I on behalf of myself and/or my child(ren) hereby waive any right I and/or my child(ren) may have to a trial and agree that such dispute shall be brought within two years of the date of this Agreement and will be determined by binding arbitration before one arbitrator pursuant to its Comprehensive Arbitration Rules and Procedures. I further agree that the arbitration will take place solely in the state of Indiana and that the substantive law of Indiana shall apply. If, despite the representations made in this agreement, I or anyone on behalf of myself and/or my child(ren) file or otherwise initiate a lawsuit against TAG Art, in addition to my agreement to defend and indemnify TAG Art, I agree to pay within 60 days liquidated damages in the amount of $5,000 to TAG Art. Should I fail to pay this liquidated damages amount within the 60 day time period provided by this Agreement, I further agree to pay interest on the $5,000 amount calculated at 12% per annum.
I further grant TAG Art the right, without reservation or limitation, to videotape, and/or record me and/or my child(ren) on closed circuit television

I further grant TAG Art the right, without reservation or limitation, to photograph, videotape, and/or record me and/or my child(ren) and to use my or my child(ren)’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials. I would like to receive free email promotions and discounts to the email address provided below. I may unsubscribe from emails from TAG Art at any time.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against TAG Art on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I understand this Agreement and I voluntarily agree to be bound by its terms.

I further certify that if I am buying tickets for child(ren) that I am the parent or legal guardian of the child(ren) or that I have been granted power of attorney to sign this Agreement on behalf of the parent or legal guardian of the child(ren).

Entertainment at The Fun Farm IS A FAMILY EVENT. Guests USING FOUL LANGUAGE OR DISPLAYING OBJECTIONABLE BEHAVIOR WILL BE EJECTED FROM THE PREMISES. PLEASE REPORT SUCH BEHAVIOR TO TAG ART PERSONNEL IMMEDIATELY.

TAG Art will have limited security personnel on-site for events, but does not retain on-site security facilities nor consistent security resources beyond local police. Guests are responsible for their behavior, the behavior of their associates or family members, and addressing concerns they feel require security personnel, utilizing local authorities accordingly.

The Fun Farm IS A weapon free, alcohol free, smoke free facility. Alcohol products of any kind, SMOKING PRODUCTS OF ANY TYPE - INCLUDING CIGARS, PIPES, CIGARETTES AND THE NEW ELECTRONIC OR E-CIGARETTES AND VAPORS, and weapons of any kind - including but not limited to guns, knives, batons, and archery equipment - ARE NOT PERMITTED TO BE USED AT The Fun Farm. ANY guest CAUGHT USING an alcoholic beverage, smoking product or displaying a weapon of any kind IS SUBJECT TO REMOVAL FROM The Fun Farm.

Pandemic policy: TAG Art will employ actions and engage in protocols that support current CDC and/or local health department guidance. This may include but is not limited to: Social distancing; PPE; Open air services; No-touch services.  Guests will be expected to comply accordingly as applicable.