PARTICIPANT AGREEMENT, ASSUMPTION OF RISK, RELEASE AND LIABILITY WAIVER (The Agreement) - planetXone LLC
ALL PARTICIPANTS MUST COMPLETE THIS AGREEMENT, AND SIGNED BY THEIR LEGAL GUARDIAN IF THEY ARE UNDER 18 YEARS OF AGE. NO ONE WILL BE PERMITTED TO PARTICIPATE WITHOUT A COMPLETED AND SIGNED THIS AGREEMENT. ONLY THE PARENT OR LEGAL GUARDIAN WILL BE PERMITTED TO SIGN FOR A MINOR. EVERY PARTICIPANT THAT PLANS ON ENTERING THE PLAYING FIELD AREA MUST HAVE A WAIVER PROPERLY FILLED OUT AND SIGNED.
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All tickets sales are final, no return, no refund or cash value.
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By purchasing PlanetXone game tickets, customer/parents/legal guardian/participants agree, accpet and review PlanetXone agreement and liability waiver.
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Customer/parents/legal guardian/participants verify that they are parents/legal guardians and have legal decesion to the participants under 18 years of age Customer/parents/legal guardian/participants
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In consideration for being allowed to participate in games or activities (the “Activity”) provided by PlanetXone, LLC, 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 “PXLLC” ), I on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives, estate, and insurers, agree as follows: I acknowledge that participation in the Activity 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 the Activity, on behalf of myself and my child(ren). My and/or my child(ren)’s participation in the Activity is purely voluntary and I elect to participate, or allow my child(ren) to participate in spite of the risks. If I and/or my child(ren) are injured, I acknowledge that I and/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 hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense. I UNDERSTAND AND AGREE THAT PXLLC WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME IF I AND/OR MY CHILD(REN) ARE INJURED.
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In consideration of PXLLC 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 PXLLC of and from all claims, demands causes of action, and legal liability, whether the same be known or unknown, anticipated or not anticipated, due to PXLLC’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 PXLLC’s gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against PXLLC 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 the Activity. Should PXLLC 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 and/or my children are physically able to participate in all activities without aid or assistance. I further certify that I am willing to assume the risk of any medical or physical condition that I and/or my children may have. I acknowledge that I have read the PlanetXone rules, (the “Rules”) governing my and/or my child(ren)’s participation in the Activity. I certify that I have explained the Rules to the child(ren) listed in this waiver. I understand that the Rules have been implemented for the safety of all guests, 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 Activity. 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 one year of the date of this Agreement and will be determined by binding arbitration before one arbitrator to be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. I further agree that the arbitration will take place solely in the state of California and that the substantive law of California shall apply. I further grant PXLLC the right, without reservation or limitation, to videotape, and/or record me and/or my child(ren) on closed circuit television. I further grant PXLLC 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 PXLLC at any time. By signing this document, I acknowledge on behalf of myself and the participants listed in this Agreement (collectively, “Participant”) that if any Participant is hurt or property is damaged during the Participant’s participation in this activity, pursuant to this Agreement, the Participant has waived the right to maintain a lawsuit against PXLLC on the basis of any claim from which the Participant has released PXLLC herein. I further acknowledge that I have had sufficient opportunity to read this entire document. I understand this Agreement and I, on behalf of myself and the participants listed in the Agreement, voluntarily agree to be bound by its terms. I further certify that I am the parent or legal guardian of the child(ren) listed above on this Agreement 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) listed above. In the event that I do not have the requisite authority to sign this Agreement on behalf of the child(ren) listed above, I agree that I shall be solely liable for any and all actions, causes of actions, penalties, claims, costs, services, compensation or the like resulting from this misrepresentation. I agree to be contractually bound by this certification.
PlanetXone Privacy Policy
How we use your information
Clarion Events are committed to protect your personal information which is processed in accordance with our Privacy Policy.
We may use the information you give us for the following purposes:
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To register you with our website and to administer our website services.
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To provide you with services and information that you have requested about PlanetXone (e.g. information about events that you have requested).
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For assessment and analysis (e.g. market, customer, information and product analysis) to enable us to review, develop and improve the services which we offer and to enable us to provide you with information about PlanetXone which we believe will closely match your preferences.
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Our events may use your information to make decisions about you using computerized technology, for example using automatically selecting services which we think will interest you from the information we have.
We may keep you informed of such services (including details of shows, special offers, discounts, competitions and newsletters) by using the following methods:
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Post
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Email
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Telephone
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Mobile messaging
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Fax
If you do not wish to receive information about Clarion Events, please:
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Tick the opt-out box provided when registering on this website or on printed application forms.
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Let the telephone operator know.
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Click the unsubscribe box when receiving emails from us.
We may from time to time contact you for the purposes of market research for PlanetXone using the contact methods mentioned above.
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We may also use your information to administer any prize draws or competitions or other promotions that you choose to enter.
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We may, from time to time release your data to carefully selected third parties, unrelated to Clarion Events, for the purposes of marketing.
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If you do / do not wish to receive information from third parties, please:
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Tick the opt-out / opt-in boxes provided when registering on this website or on printed application forms.
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We value our relationship with you and by requesting information on, or registering / buying tickets to attend Clarion Events, you agree that we may use the contact details provided to us for our events as set out above.
Disclosure of Your Information
We may give information about you to the following (who may use it for the same purposes as set out above):
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To our partners and third parties that collaborate with us for an event for which you registered.
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Agents and third parties who fulfill any other services on Clarion Events' behalf (e.g. to administer payments for purchases, dispatch tickets and information etc).
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To other delegates (only where you are attending in a professional capacity, e.g. business related events) where it is expected that attendees will have access to a list of attendees and their organization but not the actual contact details.
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To other organizations for the administration of prize draws, competitions or promotions.
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To anyone to whom we transfer or may transfer our rights and duties with you (for example a sale of the business or the sale of a particular event).
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To carefully selected third parties who rent Clarion Events’ lists for marketing purposes.
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If we have a duty to do so or if the law allows us to do so.
In carrying out the activities specified in this privacy policy, we may transfer data to reputable companies outside the European Economic Area. We take steps to ensure that your information will be afforded the same level of protection as that required of us under applicable UK data protection legislation.