1.    DEFINITIONS

For the purposes of this Agreement:

• "Active XP" includes Active XP Inc., its officers, directors, employees, agents, contractors, subcontractors, volunteers, and representatives.

• 'Released Parties' includes Active XP, sponsors, partners, suppliers, landlords, venue owners and operators, event organizers, any public or private entity that owns, leases, or manages property used for a Game and all associated parties.

• refers to all activities, events, and programs organized, hosted, facilitated, or operated by Active XP, including but not limited to physically active interactive games involving running, hiding, avoiding obstacles, inflatable or man-made structures, puzzles, props, and other physical or mental challenges.

• refers to any location where the Game is conducted, including but not limited to private property, public parks, schools, gyms, farms, warehouses, recreational facilities, leased spaces, community centres, partner venues, or other public or private venues.

• 'Participant', 'You', 'Your' means the individual taking part in the Game and includes the parent or legal guardian if the Participant is a minor.

• "Inflatable Arena" means a temporary play environment constructed using inflatable walls, barriers, obstacles, tunnels, or other air-filled structures branded, supplied, or installed by Active XP within an indoor or outdoor venue.

• "Low-Light Environment" means an area intentionally operated with reduced lighting, darkness, shadows, coloured lighting, or visual effects as part of the Game experience.

 

2.    ACKNOWLEDGEMENT OF RISKS

You understand and acknowledge that the Game involves inherent, known and unknown, foreseeable and unforeseeable risks, hazards, and dangers, which may result in serious injury, permanent disability, property damage, or death, including but not limited to:

• Physical exertion (running, jumping, hiding, crouching) and the risk of slipping, tripping, falling, or colliding with other participants, objects, structures, or obstacles.

• Hazards associated with the condition of the Premises (e.g., uneven or soft ground, wet or slippery surfaces, wood skids, protruding nails or splinters, debris) that may not be completely eliminated despite reasonable efforts.

• Injuries from contact with props, equipment, or environmental hazards.

• Exposure to weather (heat, cold, rain, wind), natural or artificial terrain, confined spaces, or low-light environments.

• Risks from props or equipment, including those that use vibration, sound, lights, sensors, fog, haze, strobe or flashing lights, or other special effects that may startle or trigger photosensitive conditions.

• Risks posed by other participants' actions or inactions.

• Equipment malfunction or failure, including 3D-printed and technology-integrated props.

• Emotional stress, anxiety, or mental strain caused by immersive gameplay.

• Loss, theft, or damage to your personal belongings.

• Risks associated with participation in an indoor warehouse environment, including hard surfaces, walls, ceilings, concrete floors, structural elements, reduced ventilation, amplified sound, and proximity to industrial or commercial features.

• Risks associated with navigating, colliding with, falling onto, or being compressed against inflatable structures, including temporary deflation, shifting, movement, instability, seams, anchors, or internal air pressure changes.

• Risks of abrasions, cuts, punctures, or impact injuries caused by contact with inflatable surfaces, underlying flooring, footwear, accessories, or other participants, even when safety measures are in place.

• Risks arising from participation in a Low-Light Environment, including impaired depth perception, delayed reaction time, difficulty identifying obstacles, participants, or exits, and increased likelihood of collision or disorientation.

• Risks associated with darkness, fog, haze, sound effects, vibrations, flashing or strobe lighting, including dizziness, anxiety, panic, sensory overload, or triggering of pre-existing conditions.

• Risks of damage to inflatable structures or equipment caused by participant movement, impact, footwear, clothing, accessories, or failure to follow instructions.

• Any other risks typically associated with physically active, immersive, recreational games.

You accept the Premises 'as-is' and acknowledge that Active XP may not own, operate, or control the Premises.

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3.    ASSUMPTION OF RISK

You freely and voluntarily assume all such risks, including risks arising from the negligence of Active XP or third parties.

You understand that Active XP does not provide health, accident, disability, or property insurance, and that you are responsible for securing your own coverage.

You acknowledge that the Game is intentionally designed to include physical, sensory, and environmental challenges and voluntarily choose to participate despite these risks.

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4.    RELEASE OF LIABILITY & WAIVER OF CLAIMS

To the fullest extent permitted by law, you, on behalf of yourself, your heirs, executors, administrators, legal representatives, successors, and assigns, hereby irrevocably release, waive, and discharge Active XP and all Released Parties from any and all claims, demands, actions, causes of action, damages, costs, expenses (including legal fees), or liability of any kind arising out of or related to participation in the Game or presence at the Premises, including but not limited to claims based on:

• Negligence, or omission of Active XP or any Released Parties, to the fullest extent permitted by law

• Breach of any statutory or other duty.

• Occupiers' liability related to the condition of the Premises.

• Personal injury, death, property damage, or loss, however caused.

• Perceived inappropriate contact, harassment, or misconduct. You agree that these claims must be supported by evidence. You agree to cooperate with Active XP's investigation

Active XP may use third-party vendors for registration, payment processing, booking, and waiver signing. You acknowledge that Active XP is not responsible for data breaches or system failures caused by third-party vendors, except where Active XP is legally negligent in choosing or managing such vendors.

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5.    INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Active XP and all Released Parties from any and all claims, demands, actions, damages, liabilities, costs, or expenses (including legal fees) brought by third parties arising from or related to:

• Your actions, inactions, or misconduct.

• Any breach of this Agreement.

• Your presence at the Premises or participation in the Game.

• Damage to inflatable structures, equipment, or the Premises arising from failure to follow rules, instructions, or attire requirements, or from unsafe conduct in a Low-Light Environment.

This indemnity extends to claims made by or on behalf of a minor participant.

Where a Parent/Guardian signs on behalf of multiple minor Participants, the indemnities in this Agreement apply jointly and severally to all such Participants and to the Parent/Guardian.

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6.    MEDICAL DECLARATION & CONSENT TO TREATMENT

You warrant that you are physically fit, have no medical condition that would prevent safe participation, and have not been advised otherwise by a qualified medical professional.

You consent to receive first aid, emergency medical care, or transportation deemed necessary by Active XP or its representatives, and agree to bear all associated costs.

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7.    RULES & BEHAVIOUR

• The Game is recommended for ages 8 and up.

• You must be coherent to play.

  • Active XP may refuse entry or stop the Game for any Participant reasonably suspected of being under the influence of alcohol, cannabis, or other substances, or otherwise unfit to participate.

  • If refusal occurs before play begins, the fee will be refunded; if after, no refund will be provided.

• You agree to comply with all rules, safety guidelines, and instructions provided by Active XP or venue personnel.

• Footwear requirements may be enforced for safety and equipment protection, including restrictions on shoes with sharp treads, exposed metal, hard soles, or other damaging features.

• Inflatable walls and barriers are designed only as physical boundaries and obstacles. They are not safety devices, padding, or fall-protection systems.

 

You must not:

• Climb, sit, stand, jump over, apply force, dismantle, damage, or otherwise tamper with any inflatable structures, props, or equipment beyond normal gameplay movement.

• Engage in intentional physical contact with other participants, except for incidental contact (e.g. brief bumping, brushing, or accidental collision). You acknowledge that incidental contact may occur during normal gameplay and is not considered intentional contact.

• Enter the Game zone unless you are an active player or Active XP personnel performing official duties.

• Interfere with, remove, or misuse props, electronics, or other equipment.

 

You agree that:

• You acknowledge that Active XP may provide a safety briefing or instructions before participation and agree to follow all instructions and warnings provided by Active XP staff or venue personnel.

• You agree to use reasonable care to avoid intentional contact, aggression, or physical interference with other players.

• You will not bring or wear sharp, abrasive, or hard objects into the Game, including but not limited to keys, jewelry, watches, metal accessories, sharp footwear components, or any item that could puncture, tear, or damage inflatable structures.

• You will move with reasonable care when navigating inflatable surfaces, including when bumping into walls, obstacles, or other participants.

• You acknowledge that reduced lighting is part of the Game experience and agree to proceed with caution.

• You must immediately report any discomfort, disorientation, or injury to Active XP staff.

• Inflatable structures are not designed to be climbed, jumped onto from height, struck with force, or intentionally stressed beyond normal gameplay.

• You acknowledge that Active XP staff are prohibited from engaging in intentional physical contact with participants (except to prevent injury or in an emergency). Any staff actions taken to prevent injury will be reasonable and limited to what is necessary.

Violation of these rules may result in immediate removal without refund and may subject you to liability for any resulting damage or loss. You agree to reimburse Active XP for the reasonable repair or replacement cost of any property, inflatable structure, or equipment lost, stolen, or damaged as a result of your intentional, reckless, or negligent acts, where such responsibility can be reasonably attributed to you based on evidence available to Active XP.

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Participant Attire & Personal Items

You acknowledge that participation in the Game requires appropriate attire for an inflatable, low-light environment. You agree:

• To follow any attire requirements communicated by Active XP prior to or during the Event.

• That prohibited items may include footwear or clothing with sharp edges, exposed metal, hard components, or accessories that may cause injury or damage.

• That Active XP may require removal of items deemed unsafe and may refuse participation if unsafe attire cannot be corrected.

Active XP is not responsible for loss or damage to personal items brought into the Game area.

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Recording Devices & Personal Electronics

You acknowledge that phones, cameras, recording devices, wearable electronics, or other personal items carried during active participation may pose a safety risk, damage inflatable structures or equipment, or interfere with other participants’ experience.

You agree that filming, photographing, live-streaming, or otherwise recording while actively participating inside the Game arena is prohibited, unless expressly authorized by Active XP staff.

You agree to comply with all instructions regarding the removal, storage, or securing of personal items prior to participation. Failure to comply may result in removal from the Game without refund and liability for any resulting damage.

 

8.    INTELLECTUAL PROPERTY & MEDIA RELEASE

You are encouraged to share photos and tag Active XP, but agree not to record or post full-length gameplay or proprietary technical details that could diminish the experience for future players. Active XP may request removal of such material if it is posted.

You understand that photos, video, livestreams, or audio recordings may be taken by Active XP or approved third parties. By participating, you grant Active XP a worldwide, perpetual, royalty-free license to use your image, voice, and likeness in any media now known or later developed, for promotional, educational, archival, or marketing purposes, without further notice or compensation. You waive any right to inspect or approve such materials. You may request removal of specific content by contacting Active XP.

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9.    NO-REFUND & FORCE MAJEURE

If the Game is stopped due to unsafe behaviour, violation of rules, or other participant-caused issues, no refund will be provided.

If the Game cannot proceed due to weather or other conditions beyond Active XP's reasonable control, no liability is accepted for any losses arising from cancellation.

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10.   GOVERNING LAW & JURISDICTION

This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising under or related to this Agreement or your participation in the Game, regardless of your place of residence, shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada, to which you irrevocably submit. You waive any right to trial by judge or jury. Active XP may seek injunctive relief in court to protect its intellectual property or enforce this Agreement.

You agree not to make any knowingly false or malicious public statement regarding Active XP or any Released Parties in connection with incidents arising from participation, except as required by law.

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11.   SEVERABILITY

If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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12.   RECORD RETENTION

Active XP will retain signed waivers for at least the period required by Ontario's limitation laws for personal-injury claims (currently two years) or longer as needed for legal, insurance, or operational purposes.

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13.   DATA & PRIVACY

You consent to Active XP collecting, storing, and using your personal information for registration, waiver validation, communication, and marketing purposes.

Active XP may record the date, time, IP address, device information, and identity details associated with electronic Waiver completion for legal and safety purposes.

Active XP will not sell personal information to third parties. You acknowledge that while Active XP uses reasonable security measures, no system is 100% secure, and Active XP is not responsible for data breaches caused by third-party systems.

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14.   BOOKING, WAIVER PROCESS & CHECK-IN REQUIREMENTS

You acknowledge that completion of this Waiver is a condition of participation.

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For online bookings, a link to this Waiver will be provided in the booking confirmation email. Participants and, for minors, their parent or legal guardian must complete the Waiver prior to arrival or upon check-in.

Active XP may verify Waiver completion at check-in and may deny participation until a valid Waiver is completed.

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You acknowledge that signing this Waiver electronically or in person immediately prior to participation is valid and enforceable and that you have had the opportunity to review the terms before participating.