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WAVIER AND RELEASE OF LIABILITY FORM RELEASE OF LIABILITY, WAIVE OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
To: Foam Fighters Inc. Assumption of Risk:
1 I, the undersigned, wish to play at Foam Fighters; I recognize and understand that playing at Foam Fighters (hereinafter called the “Game”) involves certain risks. Those risk include, but are not limited to, the risk of injury resulting from possible malfunction of the equipment used in the game and injuries from tripping or falling over obstacles in the game playing field. In addition, I recognize that the exertion of playing the game could result in injury or death.
2 Despite these and other risks, and fully understanding such risks, I wish to play the game and hereby assume the risks of playing the Game. I also hereby hold harmless the “ Sponsors” and indemnify them against any or all claims, actions, suits, procedures, costs, expenses (including attorney’s fee and expenses), damages and liabilities arising out of, connected with, or resulting from my playing the Game, including without limitation, those resulting from the manufacture, selection, delivery, possession, use or operation of such equipment. I hereby release the Sponsors from any and all such liability, and I understand that this release shall be binding upon my estate, my heirs, my representatives and assigns. I hereby certify to the Sponsors that I m in good health and do not suffer from a heart condition or other ailment which could be exacerbated by the exertion involved in playing the Game, I further certify that I am 18 years of age and older.
RELEASE OF LIABILITY, WAVIER OF CLAIMS AND IDEMNITY AGGREEMENT
In consideration of participating in the “ Game”, I hereby agree as follow:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Foam Fighters Inc., their directors, officers, employees, agents and representative (all of whom are hereinafter collectively referred to as “the Releasees”)
2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer or that my next of kin may suffer as a result of my participation in Paintball due to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of, or personal injury to, any third party, resulting from my participation in Paintball; and
4. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death.
5. I consent to photographs and videos being taken of me during my participation in any activities at Foam Fighters, and to the publication of the photographs and videos by the Releasees for advertising, promotional and marketing purposes.
6. I HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.