Arena STEM PA – Waiver

PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT THAT WAIVES SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, AND REQUIRES YOU TO ASSUME ALL RISK OF INJURY OR DEATH AND TO INDEMNIFY THE RELEASED PARTIES. DO NOT SIGN UNLESS YOU HAVE READ AND UNDERSTOOD IT.

This Waiver, Release, Assumption of Risk, and Indemnification Agreement (“Agreement”) is entered into in consideration of the services, access, and activities provided by Robots A2Z, LLC, a Pennsylvania Limited Liability Company that owns and operates Arena STEM Pennsylvania (the “Arena STEM,” “Arena STEM PA,” “Center,” or “Center Owner”), and in consideration of my and/or my child(ren)’s desire to spectate and/or participate in the activities and services provided by the Center now and in the future. The term “Released Parties” means Robots A2Z, LLC and Arena STEM Pennsylvania together with each of their individual members, managers, directors, officers, agents, employees, volunteers, independent contractors, representatives, servants, predecessors, successors, assigns, affiliated and related entities, landlords, insurers, heirs, and personal representatives, and all other persons, firms, or entities claiming by or through them.

I am the participant, or I am the parent or legal guardian of the minor child(ren) identified below (each, a “Participant”), and I am at least eighteen (18) years of age and legally competent to enter into this Agreement. I sign this Agreement on behalf of myself and, to the fullest extent permitted by law, on behalf of my spouse, my child(ren), any minor child for whom I am appointed guardian, my parent(s), my heirs, assigns, personal representative(s), and estate (collectively, the “Releasing Parties”). I agree as follows:

1. SAFE AND RESPONSIBLE USE. The Releasing Parties shall use the Center and its facilities, equipment, and activities in a safe and responsible manner.

2. RULES AND DIRECTIONS; MEDICAL AUTHORIZATION. The Releasing Parties shall abide by all Center rules, instructions, and the directions of Center employees and representatives, and I acknowledge that: (i) those rules, instructions, and directions are intended to promote the safety of the Participant and others; (ii) failure or refusal to abide by them may lead to immediate revocation of the right to use the Center and its facilities, without any right to refund of any payments made; and (iii) in the event of sickness, accident, or injury, I authorize the Center employees and representatives to obtain, on the Participant’s behalf, emergency medical treatment and to secure such medical treatment at my sole expense, and I release the Released Parties from any claim arising from such authorization, treatment, or decision to obtain or withhold treatment.

3. WAIVER AND RELEASE OF ALL CLAIMS. To the fullest extent permitted by law, the Releasing Parties hereby fully, finally, and forever WAIVE, RELEASE, ACQUIT, and FOREVER DISCHARGE the Released Parties from any and all claims, actions, causes of action, demands, suits, judgments, damages of every kind (including compensatory, general, special, incidental, consequential, exemplary, and punitive damages), losses, liabilities, costs, attorneys’ fees, and obligations of any nature or kind, whether at law or in equity, whether known or unknown, whether anticipated or unanticipated, and whether already accrued or arising or becoming known in the future, that arise out of, result from, or relate in any way to the Participant’s presence at, access to, or participation in any activity at the Center, including but not limited to: (a) the Participant’s activities within the Center; (b) the activities of other persons within the Center, including other patrons, guests, and participants; (c) the operation, ownership, supervision, staffing, maintenance, design, or condition of the Center by the Released Parties; (d) the use of any and all Center premises, facilities, and surfaces; and (e) the use of any and all equipment within the Center, whether owned by me, the Released Parties, or a third party. To the fullest extent permitted by Pennsylvania law, this release expressly applies to claims founded in whole or in part upon the ordinary negligence of any of the Released Parties.

4. EXPRESS ASSUMPTION OF RISK. The Releasing Parties knowingly, freely, and voluntarily ASSUME ALL RISKS, both known and unknown, of personal injury, illness, permanent disability, death, and property damage or loss that may arise from or relate to the Participant’s presence at or participation in any activity at the Center, EVEN IF ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. I understand that activities at the Center involve robotics, electrical and mechanical equipment, moving parts, projectiles, batteries, soldering and tools, physical activity, and contact with equipment and other participants, and that such activities are inherently dangerous and may result in serious injury or death. Participation is purely voluntary, and the Releasing Parties elect to participate notwithstanding these risks. This assumption of risk is intended to be as broad and inclusive as permitted by the law of the Commonwealth of Pennsylvania.

5. INDEMNIFICATION AND HOLD HARMLESS. To the fullest extent permitted by law, I agree to DEFEND, INDEMNIFY, and HOLD HARMLESS the Released Parties from and against any and all losses, liabilities, claims, demands, causes of action, obligations, costs, damages, and expenses whatsoever, including but not limited to all attorneys’ fees, expert fees, court costs, settlements, and judgments, directly or indirectly arising out of or relating to: (a) the Participant’s presence at or participation in any activity at the Center; (b) any claim brought by, on behalf of, or for the benefit of the Participant or any minor child (including any claim brought by the minor upon reaching the age of majority); and (c) any act or omission of the Releasing Parties. This indemnification obligation is the personal obligation of the undersigned adult and survives the termination of this Agreement.

6. GUIDELINES AND SUPERVISION. The Releasing Parties shall (i) follow the Center’s guidelines before participating in any activity, (ii) attempt only activities the Participant is capable of performing safely, and (iii) remain in areas that will not place the Participant or others in danger. I acknowledge that I am responsible for supervising my minor child(ren) except where they are expressly placed in the Center’s supervised programming, and that I have evaluated and accepted the Participant’s fitness to participate.

7. ELECTRONIC COMMUNICATIONS OPT-IN. By accepting this Agreement, I agree to opt in to receive emails and text messages from Arena STEM PA. I understand that I may opt out at any time by following the unsubscribe instructions in any email or by replying STOP to any text message. Message and data rates may apply.

8. MEDIA RELEASE. I authorize Arena STEM Pennsylvania and its successors to capture the Participant’s image, likeness, and sounds in photographs, videotapes, recordings, or other forms of media (“Images”). I acknowledge that Arena STEM Pennsylvania will own such Images, and I grant permission, without compensation, for Arena STEM Pennsylvania, or any affiliated party of the Arena STEM Center brand, to copyright, display, publish, distribute, use, modify, and print such Images in any lawful manner, including without limitation in publications, advertisements, brochures, websites, social media, and other electronic displays and transmissions. The foregoing authorization shall not include using the Participant’s name with any Image unless I agree otherwise in writing.

9. PARENTAL / GUARDIAN ACKNOWLEDGMENT FOR MINORS. If the Participant is a minor, I represent that I am the parent or legal guardian with full authority to sign on the minor’s behalf. I understand and agree that the waiver, release, assumption of risk, and indemnification provisions above are intended to apply to the fullest extent permitted by law to claims arising from the minor’s presence and participation. I expressly agree that, in the event any court determines that a minor’s own claims cannot be waived by a parent or guardian, my indemnification obligation in Paragraph 5 shall nonetheless require me to reimburse and hold the Released Parties harmless from any such claim to the fullest extent the law allows.

Governing Law, Venue, and Construction

I acknowledge my understanding of and agreement to the foregoing terms. I agree that any legal proceeding arising out of or relating to this Agreement or to the Participant’s presence at or participation in any activity at the Center shall be filed and maintained solely in the courts located in Montgomery County, Pennsylvania, and I consent to the exclusive jurisdiction and venue of those courts. I further agree that the substantive law of the Commonwealth of Pennsylvania shall govern this Agreement and any such action, without regard to its conflict-of-law rules.

This Agreement is intended to be interpreted and enforced to the fullest extent permitted by applicable law. If any word, phrase, clause, sentence, or provision of this Agreement is held to be invalid, void, or unenforceable for any reason, that portion shall be severed and the remainder of this Agreement shall continue in full force and effect; and any such invalid provision shall be reformed and construed, and the remaining provisions applied, so as to give the maximum lawful effect to the intent of the parties to release, limit, and shift liability away from the Released Parties to the greatest extent the law allows. I acknowledge that no oral representations, statements, or inducements apart from this written Agreement have been made.

I/WE HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I/WE HAVE READ AND UNDERSTOOD IT, INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, AND I/WE AGREE TO BE BOUND BY ITS TERMS, FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT.

COMMUNICABLE DISEASE / COVID-19 NOTICE

COVID-19 and other communicable diseases are contagious and are believed to spread mainly from person-to-person contact. Federal, state, and local governments and health agencies have at various times recommended measures such as social distancing. Arena STEM has put in place preventative measures to reduce the spread of communicable disease; however, Arena STEM cannot guarantee that the Participant will not become infected. Attending the Center could increase the Participant’s risk of contracting COVID-19 or other communicable diseases.

RELEASE

By signing this Agreement, I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily ASSUME THE RISK that the Participant and I may be exposed to or infected by such disease by attending Arena STEM, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that such risk may result from the actions, omissions, or negligence of myself and others, including but not limited to Arena STEM employees, program participants, and their families. To the fullest extent permitted by law, I voluntarily agree to assume all such risks, to release the Released Parties from all related claims, and to accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense of any kind that the Participant or I may experience or incur in connection with attendance at or participation in Arena STEM programming.