BY SIGNING THIS AGREEMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.
1. Parties
This Activity Participation Agreement, Waiver, Release of Liability and Assumption of Risk Agreement (the "Agreement") is entered into by the undersigned participant ("Participant"), and, where applicable, the undersigned parent or legal guardian of a minor participant ("Parent/Guardian"), in favour of:
PLAYPLEX GAME INC., its affiliates, related companies, shareholders, directors, officers, employees, contractors, agents, successors, assigns and insurers (collectively, the "Company").
2. Description of Activities
The Company operates an indoor interactive entertainment facility that includes, without limitation:
- Physically active and reaction-based games
- Rapid movement, stepping, running, and directional changes
- Interactive floor or wall projections, lighting effects, sound effects, and timed challenges
- Participation with other players in shared game spaces
Collectively, the "Activities".
3. Acknowledgement of Risks
I acknowledge and understand that participation in the Activities involves inherent and significant risks, including but not limited to:
- Slips, trips, falls, and loss of balance
- Collisions with other participants
- Muscle strains, sprains, fractures, concussions, or other physical injuries
- Visual misjudgment due to lighting effects, projections, or fast-changing visual stimuli
- Equipment malfunction, sensor delay, or unexpected game responses
- Fatigue, elevated heart rate, or overexertion
- Injuries or incidents arising from the actions, negligence, or unpredictable behavior of other participants, including collisions or failure to follow rules
- Physical distress or medical events, including but not limited to chest pain, shortness of breath, dizziness, fainting, stroke, cardiac arrest, heart attack, aggravation of pre-existing medical conditions, or other cardiovascular, neurological, or age-related medical complications, whether occurring during or after participation in the Activities.
I understand that these risks may result in serious injury, permanent disability, or death, and that such risks cannot be completely eliminated without fundamentally altering the nature of the Activities.
4. Health and Medical Representation
I represent and warrant that:
- I am physically and mentally capable of participating in the Activities
- I do not suffer from any condition that would make participation unsafe, including but not limited to heart conditions, epilepsy, pregnancy-related restrictions, severe anxiety, or recent surgery
- I will immediately stop participating and notify staff if I feel unwell or unsafe
- I acknowledge that the Company does not provide medical advice or medical supervision
- I acknowledge that it is my sole responsibility to assess my fitness to participate and that the Company does not conduct any health screening
I understand that I am solely responsible for monitoring my physical condition during and after participation.
4A. Additional Acknowledgement for Participants Aged 60 and Older
If I am sixty (60) years of age or older, I acknowledge and agree that:
• Participation in the Activities may involve increased risks due to age-related factors, including reduced balance, coordination, reaction time, cardiovascular capacity, joint mobility, bone density, or other physical limitations.
• I understand that participation may place physical demands on my body, including rapid movement, stepping, turning, bending, reaching, and responding to visual or auditory stimuli.
• I acknowledge that pre-existing medical conditions, whether diagnosed or undiagnosed, including but not limited to heart disease, high blood pressure, stroke history, circulatory disorders, respiratory conditions, osteoporosis, arthritis, neurological conditions, or other age-related health concerns, may increase the risk of injury, illness, medical complications, permanent disability, or death.
• I confirm that I have independently assessed my physical condition and fitness to participate and, where appropriate, have consulted with a physician or other qualified healthcare provider before participating.
• I understand that the Company does not perform medical assessments, fitness evaluations, or health screenings and does not determine whether participation is suitable for any individual.
• I confirm that I am participating voluntarily and of my own free will.
• I represent that I possess the mental capacity and legal authority to make my own decisions regarding participation in the Activities.
• I acknowledge that no family member, spouse, child, caregiver, representative, or other third party has been required to approve or consent to my participation.
• I understand that the Company is entitled to rely upon my representations regarding my capacity, health, and willingness to participate.
• I voluntarily choose to participate despite these risks and assume full responsibility for any injury, illness, medical event, aggravation of a pre-existing condition, disability, or death that may result from or be associated with my participation in the Activities.
• I agree that the Company shall not be responsible for any dispute, disagreement, or claim brought by family members, heirs, caregivers, representatives, or other third parties concerning my decision to participate.
5. Assumption of Risk
I voluntarily and knowingly assume all risks, both known and unknown, associated with my participation in the Activities and presence at the facility, even if such risks arise from the negligence of the Company.
6. Release and Waiver of Liability
To the fullest extent permitted by the laws of the Province of Ontario, I, on behalf of myself and my heirs, assigns, personal representatives and next of kin, hereby:
RELEASE, WAIVE AND FOREVER DISCHARGE the Company from any and all claims, demands, actions, damages, losses, costs or causes of action arising out of or related to:
- Personal injury, death, or property damage
- Participation in the Activities
- Use of the Company's facilities or equipment
INCLUDING claims arising from the negligence of the Company, its employees, agents, or contractors, and including any duty owed under the Occupiers' Liability Act (Ontario).
INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, OR BREACH OF ANY STATUTORY DUTY, TO THE FULLEST EXTENT PERMITTED BY LAW.
This Release and Waiver shall be binding upon and enforceable against the Participant and the Participant's heirs, executors, administrators, estate trustees, personal representatives, dependants, next of kin, family members, successors and assigns.
7. Indemnification
I agree to indemnify and hold harmless the Company from any claims, demands, losses, or expenses, including reasonable legal fees, arising out of:
- My participation in the Activities
- My breach of this Agreement
- Any claims brought by third parties as a result of my actions
8. Minors — Parent or Legal Guardian Consent
If the Participant is under the age of 18:
- I represent and warrant that I am the parent or legal guardian of the minor Participant and that I have full legal authority to enter into this Agreement on the minor's behalf.
- I agree to this Agreement on behalf of the minor Participant, and I further agree to assume full responsibility for the minor's participation, including all risks and potential claims arising therefrom.
- I further represent and guarantee that the minor participant(s) is(are) at least six (6) years of age at the time of participation and meets all minimum age requirements set by the Company.
- I acknowledge and agree that it is my sole responsibility to ensure that all information provided, including the Participant's age and personal details, is true, accurate, and complete.
- I understand that the Company relies on the accuracy of such information and shall not be liable for any consequences arising from false, misleading, or incomplete information provided by me.
9. Age Policy
- The minimum age to participate at Playplex Game is 6 years old.
- Participants aged 6–8 must be accompanied by an adult who remains on-site and attentive for the entire duration of the session.
- Participants aged 9–13 must have an adult present at the facility, though the adult is not required to participate.
- Participants aged 14–17 may attend without an adult; however, a parent or legal guardian must complete a waiver in advance.
10. Rules, Conduct and Safety
I agree to:
- Follow all safety instructions and facility rules
- Use required footwear and appropriate attire
- Behave in a safe and respectful manner
The Company reserves the right to remove any participant who is unsafe, disruptive, or under the influence of alcohol or drugs, without refund.
Property Damage
- I understand that all equipment, screens, sensors, gaming devices, and facility property must be used safely and only as intended.
- I agree that I may be held financially responsible for any damage caused by intentional misconduct, reckless behavior, misuse of equipment, or failure to follow facility rules or staff instructions.
- Where the participant is a minor, the parent or legal guardian accepts financial responsibility for damage caused by the minor participant.
- The Company reserves the right to recover reasonable repair or replacement costs supported by invoices, receipts, repair estimates, or market pricing.
11. Personal Property
I acknowledge that the Company is not responsible for the loss, theft, or damage of personal property brought onto the premises.
12. Video Surveillance
I acknowledge that the facility may use video surveillance for safety and security purposes and consent to such recording to the extent permitted by law.
13. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
Any legal proceeding shall be brought exclusively in the courts of Ontario.
14. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.
15. Validity and Duration of Agreement
This Agreement shall remain valid and enforceable for all current and future visits to the Company's facility for a period of twelve (12) months from the date of signing.
The Participant, and Parent/Guardian if applicable, acknowledges and agrees that this Agreement applies to each visit during this period without the need to sign a new waiver.
The Participant further agrees that it is their responsibility to inform the Company of any changes in health conditions, personal information, or circumstances that may affect their participation.
The Company reserves the right to require a new waiver to be signed at any time, including but not limited to updates to this Agreement or as required by law.
I confirm that I am signing this Agreement only for myself, or, if applicable, as the parent or legal guardian of the minor participant. I am not signing on behalf of any other adult participant.
16. Acknowledgement and Acceptance
I confirm that:
- I have had sufficient time to read and understand this Agreement
- I understand that I am giving up substantial legal rights
- I am signing this Agreement freely and voluntarily
I confirm that I have read and understood all sections of this Agreement, including any provisions applicable to my age, health condition, or participation circumstances.