RELEASE AND WAIVER OF LIABILITY, INDEMNITY, CONFIDENTIALITY, AND CREDIT CARD DISPUTE AGREEMENT

CONSIDERATION AND PARTIES

In consideration of being permitted to enter, remain on, or otherwise be present at any
HeadPinz or FastTrax Entertainment facility (the “Property”), whether or not participating in any of its attractions or activities (“Attractions”), and for other good and valuable consideration, I, for myself, my heirs, executors, administrators, assigns, and on behalf of any minors listed below (collectively “Releasors”), agree to the following terms.

RELEASE OF LIABILITY

I release, waive, discharge, and covenant not to sue HeadPinz Entertainment, FastTrax Entertainment, Bowling Management Associates, their subsidiaries, owners, officers, directors, employees, contractors, volunteers, and agents (collectively the “Releasees”) from any and all claims, demands, actions, causes of action, damages, losses, or expenses of any kind, including personal injury, death, property damage, or economic loss, arising from or connected in any way to my or my child’s presence on the Property or participation in Attractions, including injuries caused in whole or in part by the ordinary negligence of the Releasees.

ASSUMPTION OF RISK

I understand and acknowledge that participating in or observing Attractions such as
go-karting, axe throwing, laser tag, Nexus Gel Blasters, bowling, arcade games, virtual reality, simulators, and other physical activities involves
inherent risks that cannot be completely eliminated, including collisions, falls, equipment malfunction, or other participants’ actions.
I knowingly assume all known and unknown risks, including those caused by the negligence of the Releasees, and agree not to participate while under the influence of alcohol, drugs, or any impairing condition.

INJURY REPORTING AND MEDICAL EXPENSES

I agree to immediately report any injury to management before leaving the Property and understand that failure to do so may void any potential claim or assistance.
I accept full financial responsibility for any medical treatment or emergency care resulting from participation or presence on the Property.

VIDEO AND PHOTOGRAPHY CONSENT

I grant the Company permission to record or photograph me and/or my minor(s) and to use such materials for marketing, safety, or business purposes without compensation.
I understand all footage taken by the Company is its property and may be retained for security or legal use.
I agree that any video, photo, or recording I capture on the Property will not be publicly shared, posted, or used against the Company except through licensed legal counsel in accordance with Florida law.

DISEASE AND ILLNESS RELEASE

I recognize that despite reasonable sanitation and cleaning practices, the Property is a public space where exposure to illness (including COVID-19 or other viruses) is possible.
I release and hold harmless the Releasees from any claim relating to illness or infection resulting from my or my minor’s presence or participation.

INDEMNITY

To the fullest extent allowed by Florida law, I agree to indemnify and hold harmless the Releasees from any and all claims, damages, or expenses (including attorneys’ fees) arising out of (a) my or my minor’s actions or negligence, or (b) any third-party claim caused by our participation or conduct while on the Property.

MINORS

If signing for a minor, I affirm that I am the parent or legal guardian of the child(ren) named below and understand that, under Florida Statute 744.301, I may waive a minor’s right to sue only for injuries resulting from inherent risks, not for the Company’s gross negligence or intentional misconduct.
I knowingly assume those inherent risks on behalf of the minor(s).

LIMITATIONS OF CLAIMS

This release does not apply to gross negligence, reckless conduct, or intentional acts by the Releasees.
Any claim or dispute must be brought within one (1) year of the date of the alleged incident.

CREDIT CARD DISPUTE AND REFUND WAIVER

1. All sales are final once services or Attractions are rendered or accessed.
2. Refunds or adjustments are granted solely at management’s discretion.
3. I agree to a Good-Faith Resolution Requirement, meaning that I must first contact the Company directly to resolve any billing or service concern before taking any outside action.
4. Failure to contact the Company before filing a credit-card dispute or chargeback shall constitute a material breach of this Agreement.
5. I will not initiate or pursue any credit-card chargeback based on dissatisfaction with service, staff, experience quality, food or beverage quality, race timing, equipment condition, or facility operations.
6. I authorize the Company to present this signed waiver and transaction records as conclusive evidence of authorization if a chargeback is filed in violation of this Agreement.
7. I agree to reimburse the Company for any costs, fees, or penalties incurred responding to or reversing such disputes.

CONFIDENTIALITY, NON-DISPARAGEMENT, AND SOCIAL MEDIA AGREEMENT

I agree that any incidents, claims, investigations, or disputes arising from or related to my experience at the Property are confidential and will be addressed directly and privately with the Company.
I further agree not to post, publish, share, or otherwise communicate on social media, review sites, or public forums any statements, photos, videos, or opinions that may reasonably be viewed as negative, harmful, misleading, or damaging to the reputation of HeadPinz, FastTrax, their staff, affiliates, or partners.
Publicly posting, sharing, or publishing such material without the Company’s written consent shall constitute a breach of this Agreement.
This clause does not prohibit truthful communication with law enforcement, regulatory agencies, or my licensed attorney as permitted by law.

DURATION AND VALIDITY

This waiver shall remain valid indefinitely for the signer and any minors listed below, unless and until the Company issues an updated waiver or modifies its terms, attractions, or policies. The Company reserves the right to require a new signature at any time to reflect such updates or changes in law, operations, or risk acknowledgment.

DISPUTE RESOLUTION AND VENUE

Before bringing any legal action, I agree to attempt good-faith mediation in Lee County, Florida, through United States Arbitration & Mediation or another mutually agreed neutral forum.
If litigation follows, venue shall lie exclusively in Lee County, Florida, and the prevailing party shall recover reasonable attorneys’ fees and costs.
I waive the right to a jury trial.

SEVERABILITY

If any part of this Agreement is held invalid, the remainder shall continue in full force and effect.

FINAL ACKNOWLEDGMENT

I have read this Agreement in its entirety, understand its terms, and sign it voluntarily.
I understand that by signing, I am waiving substantial legal rights, including the right to sue for ordinary negligence, for myself and any minors listed below.
No oral representations or statements modify this written document.

© HeadPinz Entertainment & FastTrax Entertainment – Florida