TERMS AND CONDITIONS
Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement By signing this document, you will waive certain legal rights, including the right to sue.
PLEASE READ CAREFULLY!
Police Chase Las Vegas, LLC, a limited liability corporation incorporated under the laws of NEVADA as of 09/11/2018, its agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “PCLV”): This Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement (the “Agreement”), together with any documents referred to herein, governs the User’s (described below) use of the PCLV equipment, restroom vehicles, track, office, merchandise, décor, props, scenery, land and/or software (the “Services”), at PCLV locations (the “Premises”). IN CONSIDERATION OF PCLV allowing the User to use the Services, the User agrees as follows on behalf of themselves, their spouse, children, parents, heirs, assigns, personal representatives and estate:
By using the Services I confirm that I accept the terms of this Agreement and that I agree to abide by them. The words “I” and “me” in this Agreement refers to the User. Should I access the Services on the behalf of another legal entity, I hereby warrant that I have the authority, actual or implied, to bind that entity to the Agreement. In using the Services, I represent and warrant that I have the capacity to enter into a legal agreement in the State of Nevada.
If I do not have the capacity to enter into a legal agreement in the State of Nevada, I may not use the Services unless a parent or legal guardian agrees and consents to this Agreement on my behalf. By permitting a person who lacks capacity to utilize the Services, the parent or legal guardian is hereby bound by this Agreement. If I do not agree to the terms of this Agreement I understand that I must promptly discontinue my access to and use of the Services.
I acknowledge that my use of PCLV Services entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other risks: disorientation, impaired balance, impaired hand-eye coordination, excessive sweating, increased salivation, nausea, light-headedness, shakiness, adrenaline boost, excessive stress, increased heart rate, fatigue, or any after use and which may lead to an increased risk of injury when engaging in normal activities in the real world after leaving the Premises. PCLV employees have difficult jobs to perform. They seek to create a safe environment but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions and the equipment being used might malfunction. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
In the case I experience any injury, I acknowledge that I may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent/affirm that I have adequate insurance to provide coverage for such medical expenses. I understand and agree that PCLV will not pay for any cost or expenses incurred by me if I experience any injury.
UNDER NO CIRCUMSTANCES WILL PCLV, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH PCLV DOES BUSINESS (“BUSINESS PARTNERS”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT, EARNINGS, ANTICIPATED EARNINGS, INTERRUPTION OR LOSS OF BUSINESS, OR ANY CONSEQUENTIAL LOSSES, PROBLEMS, OR FAULT HOWSOEVER ARISING OUT OF THE USE OF THE SERVICES.I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS PCLV AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST PCLV, AND TO RELEASE PCLV FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY INCLUDING DEATH THAT I MAY SUFFER OR THAT MY FAMILY, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND ESTATE MAY SUFFER AS A RESULT OF MY ATTENDANCE AT THE PREMISES AND MY USE OF THE SERVICES DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, c. O. 2 ON THE PART OF PCLV AND FURTHER INCLUDING THE FAILURE ON THE PART OF PCLV TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PCLV’S EQUIPMENT AND/OR SOFTWARE (HEREINAFTER REFERRED TO AS “CLAIMS”).WITHOUT LIMITING THE FOREGOING, THE LIMIT ON PCLV’S (INCLUDING ITS BUSINESS PARTNERS) TOTAL CUMULATIVE LIABILITY TO THE USER OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES WILL BE POSSIBLY RESPONSIBLE AND LIMITED TO A MAXIMUM OF THE COST OF THE EQUIPMENT IF DAMAGES ARE MALICIOUS.
I agree to hold harmless and indemnify PCLV from any and all liability for any property damage or personal injury to any third party resulting from my use of PCLV Services and Equipment. I also agree to indemnify and fully compensate PCLV for any property damage I cause to PCLV property, including but not limited to PCLV equipment, resulting from my use of such equipment. Furthermore, should PCLV or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold PCLV harmless from all such fees and costs.
I acknowledge that I have read, viewed or heard the rules governing my participation in any activity at PCLV (the “PCLV Rules”). I understand that PCLV Rules have been implemented for the safety of all participants at PCLV. I acknowledge that failure to follow the rules could result in the expulsion of myself from PCLV.
Full payment of all applicable fees is required by the User in advance of use of the Services. A full refund will be issued for all reservations cancelled at least twenty-one (21) days in advance of a scheduled booking. Users who cancel their reservation between twenty-one (21) days and ten (10) days in advance of a scheduled booking will be entitled to a full refund less a cancellation fee of 50%. Users who cancel their reservation less than ten (10) days in advance of a scheduled booking will forfeit all fees paid and shall not be entitled to a refund.
Full payment of all applicable fees is required by the User in advance of use of the Services. All fees are non-refundable, however, the User may reschedule at least twenty-one (21) days in advance of a scheduled booking with no fee. Users who wish to reschedule their booking between twenty-one (21) and days and ten (10) days in advance of a scheduled booking will be assessed a change fee of $25 per person. Users who reschedule their booking less than ten (10) days in advance of a scheduled booking will be assessed a change fee of $40 per person. If a User does not participate in the experience within one year of booking, said user will forfeit all fees paid and shall not be entitled to a refund.
Contact details for PCLV can be found on PCLV’s Website under the “Contact” heading. All notices regarding this Agreement and the Services will be provided in writing to by e-mail or by post using the contact information provided by me upon registration. Notice will be deemed given one (1) business day after e-mail transmission from PCLV to me, or two (2) business days after the date of posting.
I AGREE THAT NEVADA COURTS HAVE JURISDICTION OVER ALL DISPUTES BETWEEN POLICE CHASE LAS VEGAS, LLC AND ME (THE PARTICIPANT). I also agree to abide by the terms and use of any commercial license agreement for using any and all “products/experiences” provided by Police Chase Las Vegas, LLC.
Police Chase Las Vegas, LLC to take pictures to be used for anything they wish, this includes commercial, and any other marketing material.