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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.
3. I agree that I am personally responsible for my safety and actions during Foam Fighters events. I agree to comply with all Foam Fighters and rules, including but not limited to all Foam Fighters policies, guidelines, signage, and instructions. Because Foam Fighters is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Foam Fighters Inc, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released parties, any third-party at Foam Fighters, or otherwise, while participating in any activity while in, on, or around Foam Fighters and/or while using any Foam Fighters facilities, tools, equipment, or materials.
4.I agree to indemnify, defend, and hold harmless the Released parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities, (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the Foam Fighters facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
5. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using the Foam Fighters facility to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Alberta law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect under the Province of Alberta and all COVID-19 related mandates
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 at Foam Fighters 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 at Foam Fighters; 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.