Terms & Conditions

Release, Discharge of Liability and Indemnification Agreement

Activate – Canadian Locations

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS

INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ CAREFULLY.

This Agreement is accepted, on behalf of myself and any child that accompanies me to an Activate facility, in favour of Activate Games Inc., Activate Games Stores Inc., Activate Games Manufacturing Inc., and any corporation or entity that operates an Activate facility, and all their shareholders, affiliates, subsidiaries and affiliated businesses and locations, together with their administrators, successors, assigns, servants, agents, mandataries, officers, directors, employees and insurers (hereinafter collectively referred to as "Activate"), and I hereby agree as follows:

  1. I understand, acknowledge and accept that:

  1. he games at Activate are physical, strenuous and vigorous in nature and consequently involve significant risks of injury. I, therefore, understand and agree to accept the risks associated with the games and activities at Activate including the possibility of physical and emotional injury, illness, paralysis, disability, death as well as property damage. More specifically, the games and activities at Activate include the risk of cuts and bruises, muscle and joint sprains and strains, broken bones, concussions, equipment failure and participants falling or landing on each other. I understand this applies to all games, activities and equipment within an Activate facility. I understand such risks have not been eliminated since that would jeopardize the essential and enjoyable qualities of the games and activities;

  1. Activate cannot guarantee that I, or any child that accompanies me to an Activate facility, will not be exposed to or become infected with a virus, bacteria or disease, such as COVID-19; and

  1. an Activate facility contains strobe lights, lasers, fog machines, darkness and/or small spaces and, therefore, may not be suitable for people who are pregnant, suffer from heart conditions, hypertension, claustrophobia, epilepsy or any other conditions.

I VOLUNTARILY ACCEPT AND ASSUME, on behalf of myself and any child that accompanies me to an Activate facility, ALL OF THE RISKS associated with the games, activities and equipment at an Activate facility and being in an Activate facility, INCLUDING BUT NOT LIMITED TO THE RISKS LISTED ABOVE, and choose to participate in the games and activities and use the equipment despite these risks.

  1. Except to the extent that, in the event that I am a consumer to whom the Consumer Protection Act (Quebec) applies (a “Quebec Participant”), this Section 2 has the effect of liberating Activate from the consequences of its own acts or of those of its representatives, I, on behalf of myself and any child that accompanies me to an Activate facility (collectively, with each of our respective heirs, successors, legatees, assigns, personal representatives and next of kin, the “Releasors”) hereby RELEASE AND FOREVER DISCHARGE AND HOLD HARMLESS ACTIVATE from ANY AND ALL claims, demands, actions, costs or causes of action arising out of or in consequence of any loss, injury, damage, death or inconvenience to person or property incurred while or by attending an Activate facility or participating in the Activate games and activities, notwithstanding that any such loss, injury, damage, death or inconvenience may have arisen by reason of the fault, actions, omissions, breaches of any duty or other duty of care (including owing under any applicable Occupiers Liability legislation),  negligence or gross negligence of Activate, myself or any others.

Except to the extent that, in the event that I am a Quebec Participant, this paragraph has the effect of liberating Activate from the consequences of its own acts or of those of its representatives, I EXPRESSLY AGREE TO INDEMNIFY ACTIVATE for any loss, claims, demands or actions that may be brought by any of the Releasors or by any other persons arising out of or in consequence of any loss, injury, damage, death or inconvenience to person or property incurred while or by attending an Activate facility or participating in the Activate games and activities. To the extent applicable, I further EXPRESSLY AGREE TO REIMBURSE AND TO MAKE GOOD TO ACTIVATE any costs, including legal costs or expenses (including judicial and extrajudicial costs and disbursements), Activate may incur as a result of any such loss, action, claim or demand, it being understood and agreed that, if I am a Quebec Participant, I would only be required to pay an amount of $5,000 to Activate in order to satisfy the obligations set out in this paragraph.

  1. I understand that participating in games and activities at Activate is an active and physical experience. I will wear comfortable clothes suitable for activities such as running, jumping, crawling, and climbing. I acknowledge that cleanrunning shoes are recommended. I am aware that other types of footwear, including but not limited to grip socks, heels, open-toed or open-heeled shoes, boots, sandals, and Crocs are not recommended.If I choose to wear such footwear, I accept the associated risks. For clarity, players are not allowed to participate barefoot. Players may participate in grip socks or any other type of footwear at their own accepted risk.

  1. I confirm that I am in good health and have no physical limitations which would affect my safe participation in the games and activities at Activate.

  1. I agree all game and activity details of Activate are protected by intellectual property laws. No use, copy, distribution, public display or creation of any game or activity details, or other information or derivative work of Activate, is permitted.

  1. I agree that Activate has the right to terminate my games and activities, and remove a participant from an Activate facility without refund at any time if, if any of Activate’s representatives or staff believe, in their sole discretion, that a participant is being unsafe, is under the influence of alcohol or drugs, is causing damage to an Activate facility or is not following Activate rules.

  1. I agree lockers will be provided for personal belongings, but I understand Activate is not responsible for the loss or damage of any personal belongings stemming from the use of these lockers or while personal belongings are in these lockers, except to the extent that, in the event that I am a Quebec Participant, the foregoing has the effect of liberating Activate from the consequences of its own acts or of those of its representatives.

  1. Except to the extent that, in the event that I am a Quebec Participant, this Section 8 has the effect of liberating Activate from the consequences of its own acts or of those of its representatives, I agree that if I choose to bring any personal belongings, including but not limited to a mobile device, into the Activate gaming facility, Activate is not responsible for the loss or damage of those personal belongings whatsoever, including if the loss or damage occurs as a result of using Activate-provided mobile device holders, which will be used solely at the player's own risk.

  1. I agree not to discriminate against, harass, bully, or show disrespect or violence towards anyone else in an Activate facility, including other participants or Activate’s representatives or staff, and that doing so will result in the termination of my game and activities and my removal from an Activate facility without refund.

  1. I acknowledge and agree that Activate will record by video surveillance the games and activities of all persons at an Activate facility and will retain such footage to the extent permitted by law in order to help ensure the safety and security of all persons.

  1. I agree that this Agreement shall be governed by and construed in accordance with the laws of the province in which the Activate facility to which I am attending at the material time is located and the laws of Canada applicable therein. Any proceeding against Activate must be heard by the courts of the province in which the Activate facility to which I am attending at the material time is located or the federal courts of Canada, as appropriate, and I, on behalf of myself and any child that accompanies me to an Activate facility, each attorn to the jurisdiction of such courts in all matters related to this Agreement and Activate.

  1. I agree this Agreement is intended to be as broad and inclusive as permitted by applicable laws. I agree that in the event that any clause or provision, or part thereof, of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such a clause or provision, or part thereof, shall not otherwise affect the remaining provisions, or parts of remaining provisions, of this Agreement that shall continue to be enforceable.

  1. I confirm that I have read and have had sufficient opportunity to read this entire Agreement, have understood the terms of this Agreement, and AGREE TO BE BOUND by the terms of this Agreement. I confirm that no oral representations, statements or inducements apart from the above written agreement have been made.

  1. TO THE EXTENT THAT I AM A QUEBEC PARTICIPANT, THE PARTIES CONFIRM THAT THEY HAVE HAD THE OPPORTUNITY TO REVIEW THE FRENCH VERSION OF THIS AGREEMENT PRIOR TO REQUESTING TO EXECUTE ITS ENGLISH COUNTERPART AND THAT THEY HAVE EXPRESSLY REQUESTED THAT THIS AGREEMENT AND ALL AGREEMENTS, NOTICES AND COMMUNICATIONS IN CONNECTION THEREWITH BE WRITTEN IN ENGLISH ONLY, BUT WITHOUT PREJUDICE TO ANY SUCH AGREEMENT, NOTICE AND COMMUNICATION WHICH MAY FROM TIME TO TIME BE DRAWN UP IN ENGLISH ONLY OR IN BOTH FRENCH AND ENGLISH. DANS LA MESURE OÙ JE SUIS UN PARTICIPANT DU QUÉBEC, LES PARTIES CONFIRMENT QU’ELLES ONT EU L’OPPORTUNITÉ DE PRENDRE CONNAISSANCE DE LA VERSION FRANÇAISE DU PRÉSENT CONTRAT AVANT DE DEMANDER DE SIGNER LA VERSION EN ANGLAIS DE CETTE DERNIÈRES ET QU’ELLES ONT EXPRESSÉMENT REQUIS QUE LE PRÉSENT CONTRAT ET TOUTE ENTENTE, AVIS ET COMMUNICATION Y AFFÉRANTS SOIENT RÉDIGÉS EN ANGLAIS SEULEMENT, MAIS SANS PRÉJUDICE À TOUS TELS ENTENTES, AVIS OU COMMUNICATIONS QUI POURRAIENT À L’OCCASION ÊTRE RÉDIGÉS EN FRANÇAIS SEULEMENT OU À LA FOIS EN ANGLAIS ET EN FRANÇAIS.

I FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING THIS AGREEMENT AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL LIABILITY ON BEHALF OF MYSELF, AND ANY CHILD ATTENDING AN ACTIVATE FACILITY WITH ME, AND OUR RESPECTIVE HEIRS, SUCCESSORS, LEGATEES, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, TO THE GREATEST EXTENT PERMITTED BY LAW AND THIS AGREEMENT.

(Optional)- By checking this box, I agree to receive emails from Activate including updates and offers, notification of special events, special promotions, and other exclusive offers.

Player's Signature

Clear

4919-4447-8769, v. 5