PART 1 of 4 WAYNE'S WORLD OF PAINTBALL, INC. / WAYNE DOLLACK 24 HOUR ROLE-PLAYING SCENARIO GAMES, INC. Sparr, Florida, United States of America
GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENT THAT THE UNDERSIGNED, being of lawful age, for the sole consideration of being granted the opportunity to participate in the below described event does hereby and for his/her heirs, executors, administrators, personal representatives, successors and assigns release, acquit and forever discharge in the United States of America and the Owner of any lands utilized by Wayne Dollack, Jacqueline Dollack, Wayne Dollack 24 Hour Role-Playing Scenario Games, Inc. or Wayne's World of Paintball, Inc. in the conduct of its operations and its or their agents, servants, successors, personal representatives, heirs, executors, administrators, assigns, and all other persons, firms, corporations, associations, or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has or which may hereafter accrue or result from on account of or in any growing out of any and all known and unknown, foreseen and unforeseen, bodily and personal injuries and property damage and the consequences thereof resulting or to result or which may result from any accident, casualty or event which may or did occur for any reason in connection with or arising out of or on account of the undersigned's participation in simulated combat situations, whether as contestant or observer, held on the date of execution hereof.
It is understood and agreed that this release is made in order to induce Wayne Dollack, Jacqueline Dollack, Wayne Dollack 24 Hour Role-Playing Scenario Games, Inc. or Wayne's World of Paintball, Inc. and Scenario Directors to allow the undersigned to participate in the event herein referenced and that such inducement is material to Wayne Dollack, Jacqueline Dollack, Wayne Dollack 24 Hour Role-Playing Scenario Games, Inc. or Wayne's World of Paintball, Inc. decision to allow the undersigned to so participate. Furthermore, the undersigned agrees to follow and abide by the letter and spirit of the rules of safety and play as defined by Wayne Dollack, Jacqueline Dollack, Wayne Dollack 24 Hour Role-Playing Scenario Games, Inc. or Wayne's World of Paintball, Inc. and/or its representatives. Specifically, the undersigned agrees to wear at all times while on the playing field eye protection approved by Wayne Dollack, Jacqueline Dollack, Wayne Dollack 24 Hour Role-Playing Scenario Games, Inc. or Wayne's World of Paintball, Inc. and/or its representatives. The undersigned hereby declares and represents that he/she acknowledges and understands that any injuries which may be sustained for any reason may be permanent and progressive and that recovery therefrom is uncertain and indefinite, or may be fatal, and in making this Release it is understood and agreed that the undersigned intends to assume any and all risks of loss, including property damage losses, and indemnifies and saves Wayne Dollack, Jacqueline Dollack, Wayne Dollack 24 Hour Role-Playing Scenario Games, Inc. or Wayne's World of Paintball, Inc. and/or its representatives from any damage, loss, claim, cost, and expense of any kind or nature. The undersigned further declares and represents that no promise, inducement, or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital, and that it is made freely, knowingly and intentionally. The foregoing Release and its conditions are understood to apply to all other individual players, as well as Wayne Dollack, Jacqueline Dollack, Wayne Dollack 24 Hour Role-Playing Scenario Games, Inc. or Wayne's World of Paintball, Inc. and the land owners or Scenario Directors and Promoters of events. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. THE UNDERSIGNED REPRESENTS THAT HE/SHE CAN READ AND WRITE THE ENGLISH LANGUAGE AND HAS SIGNED THIS RELEASE FREELY AND WITHOUT DURESS OR UNDER INFLUENCE OF ANY KIND. THE UNDERSIGNED FURTHER ACKNOWLEDGES THAT THE EVENT ABOVE DESCRIBED MAY INVOLVE A HIGH DEGREE OF RISK OR PHYSICAL INJURY OR DEATH; THAT THE SIMULATED COMBAT SITUATIONS INVOLVE USE OF A GAS POWERED WEAPON SHOOTING PAINT-FILLED GELATIN PROJECTILES AND THAT IT IS HIGHLY PROBABLE THAT THE UNDERSIGNED WILL BE HIT BY ONE OR MORE SUCH PROJECTILES. WE MAINTAIN THE RIGHT TO REFUSE PARTICIPATION TO ANYONE ON ANY GROUNDS
DEEMED APPLICABLE BY US. In witness whereof I have hereunto set my hand and seal and delivered this Release on April 25, 2024. April 25, 2024 PART 2 of 4 NATIONAL SPORTS ENTERTAINMENT & RECREATION ASSOCIATION
Industry Insurance Programs www.nsera.com/paintball
Wayne’s World of Paintball, Inc.: WWP Fax: (352) 591-2210
RELEASE OF LIABILITY, INDEMNITY AND ASSUMPTION OF RISK
READ BEFORE SIGNING IN CONSIDERATION of being permitted to participate in any Paintball and/or Airsoft activities including, but not limited to, playing, using the premises of, renting and operating equipment leased, sanctioned and/or operated by the above named vendor, I acknowledge and agree that: I fully understand and acknowledge that; (a) risks and dangers exist in my use of Paintball and/or Airsoft equipment and my participation in Paintball and/or Airsoft activities; (b) my participation in such activities and/or use of such equipment may result in my injury or illness including but not limited to bodily injury, disease strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of WWP; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes; and (d) by my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, employees of WWP, or by any other person. I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify WWP and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Paintball equipment or my participation in Paintball and/or Airsoft activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of WWP. This waiver is good through 3/1/2022. MEDICAL PERMISSION AUTHORIZATION
If the participant is of minority age, the undersigned parent or guardian hereby gives permission for WWP to authorize emergency medical treatment as may be deemed necessary for the child named below while participating in Paintball and/or Airsoft games. I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE WWP FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. April 25, 2024 PART 3 of 4 Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Wayne's World of Paintball ("Wayne's World") has put in place preventative measures to reduce the spread of COVID-19; however, Wayne's World cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Wayne's World could increase your risk and your child(ren)'s risk of contracting COVID-19. ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Wayne's World and that such exposure or infection may result in personal injury. illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Wayne's World may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Wayne's World employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)'s attendance at Wayne's World or participation in Wayne's World events ("Claims"). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Wayne's World, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Wayne's World its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Wayne's World event. April 25, 2024 PART 4 of 4 Mindgame Productions, Inc.
Indemnity Agreement & Release of Liability, Acknowledgment Of Risks And Hazards
This is an important legal document! By signing it, you are giving up certain rights! Please read carefully before signing! In consideration of MindGame Productions allowing me to utilize the event facilities and participate in airsoft tactical scenarios, training and related activities, (hereinafter referred to as 'activities covered by this Agreement), I agree that: 1. REPRESENTATIONS, WARRANTIES, & ASSUMPTIONS OF RISK:
I understand that participating in any of the activities covered by this Agreement will expose me to the risk of personal injury, property damage and/or death. I understand that the success and safety of my participation is dependent upon the proper functioning of proscribed safety equipment, vehicles and airsoft training weapons; and that neither the safety equipment, vehicles or airsoft weapons can be guaranteed to function perfectly. I understand that the safety equipment, vehicles and airsoft weapons are subject to mechanical malfunctions as well as operator error. I freely, voluntarily and expressly choose to assume all risks inherent in participating in the activities covered by this Agreement, including, but not limited to, risks of equipment failure, malfunction and/or failure to function, including those which may result from some defect in design, assembly, and/or manufacture as well as those risks arising from improper and/or negligent operation, training and/or use of the equipment. For and in consideration of the thrill of participation in this activity, and understanding full well that those risks may include personal injury, property damage, and/or death, I assume those risks. 2. EXEMPTION AND RELEASE FROM LIABILITY
I exempt and release the following persons, corporations and organizations: MindGame Productions, Inc.; Guardian Centers of Georgia, LLC; Waynes World of Paintball; The owners and lessees, if any, of land upon and from which the airsoft event and related training operations are conducted; and including all of each person's, corporation's, and organization's officers, agents, servants, employees, representatives, lessors; (hereinafter collectively referred to as "Releasees"), from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me or my property, or my death, while upon the premises or while participating in any of the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of Releasees, or from any other cause. 3. ASSUMPTION OF RISK AND WAIVER OF LIABILITY RELATED TO CORONAVIRUS / COVID-19
I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending an airsoft event and that such exposure or infection may result in personal injury. illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at an airsoft event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, MindGame Productions, Inc. owners, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)'s attendance and participation in MindGame Productions, Inc. events ("Claims"). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless MindGame Productions, its owners, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of MindGame Productions, Inc., its owners, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any MindGame Productions, Inc. event. 4. COVENANT NOT TO SUE.
I agree never to institute any lawsuit or action at law or arbitration or otherwise against any of Releasees, or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement, whether caused by the negligence and/or other fault, either active or passive, of any of Releasees, or from any other cause. I further agree that my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of Releasees, nor shall they initiate or assist the prosecution of any claim for damages or cause of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from activities covered by this Agreement, whether caused by any negligence and/or other fault, either active or passive, of any of Releasees, or from any other cause. I hereby so instruct my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf. Should any such suit, action at law, arbitration or otherwise be instituted against any of Releasees, I agree that such Releasees shall be entitled to recover attorneys' fees and costs incurred in defense of such suit or action, including any appeals therefrom. 5. LIQUIDATED DAMAGES.
As part of the consideration for my being allowed to participate in the activities covered by this Agreement, I promise not to initiate any legal or equitable action or arbitration against any of the Releasees for any cause of action whatsoever. Furthermore, I realized that the damages to the Releasees for my breach of this promise are uncertain and difficult to establish and that in the event I breach this promise I agree that the liquidated damages I will be liable to pay to each of the Releasees named in a any legal action I may bring is $100,000 for each named defendant. I agree that the amount of $100,000 is not a penalty but is rather an estimate of uncertain damages. I further agree that this provision for liquidated damages shall apply to any action in which I am required to indemnify the released parties, such as a wrongful death action brought by my heirs. These liquidated damages shall be due and payable immediately upon filing any legal action or demand for arbitration and irrespective of the outcome. 6. INDEMNITY AGAINST THIRD PARTY CLAIMS.
I will indemnify, save and hold harmless Releasees from any and all losses, claims, actions, or proceedings of every kind and character, including attorney's fees and expenses, which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from my participation in the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of Releasees or from any other cause. 7. ARBITRATION BOARD.
I further agree that in the event I or any other party have any claims whatsoever against any of the Releasees arising out of my participation in activities covered by this agreement including an action for personal injury or wrongful death, that it shall be a condition precedent to the filing of any legal action against any of the Releasees by myself or my heirs, that the matter first be arbitrated by an arbitration board appointed by MindGame Productions, Inc. and that the decision and finding of that board shall be final and binding upon all persons. MindGame Productions shall have absolute and unfettered license to choose whomsoever they desire as arbitrators and the decision of the arbitrators shall not be set aside for any reason whatsoever. Furthermore the filing of a demand for arbitration shall trigger the requirement for payment of liquidated damages specified in Paragraph 5. 8. VALIDITY OF WAIVER.
I understand and agree that if I institute, or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of Releasees because of injury to my person or property, or my death, due to the activities covered by this Agreement, I agree that this Agreement can and will be used as evidence in court. Should a court of competent jurisdiction rule that any of the provision(s) of this Liability Release Agreement is void or invalid, all remaining provisions hereof shall remain in full force and effect. 9. REPRESENTATION AND WARRANTIES.
I represent and warrant that (a) I have read, understand and agree to fully comply with all rules, procedures, safety guidelines and standards published online, in the players pack for this event and briefed onsite, (b) I assume fault and liability for injury of myself or other participants if caused by my failure to comply with all rules, procedures and safety guidelines published online, in the players pack for this event and briefed onsite, (c) I have notified the event staff of any physical afflictions, relevant past medical history details, medical treatment and medications which I am currently undergoing or taking, (d) I have made no misrepresentations on my age, health or understanding and agreement of all event terms, rules and conditions. 10. LIKENESS RIGHTS.
Any and all, included but not limited to; pictures, videos, electronic images, or drawings, regardless of origin, or author, may not be generated, created, used, distributed, or reproduced, in/on/within, any commercial, personal, promotional, advertisement, in/on print or electronic format, resulting in any financial, monetary, personal, promotional, or any other reason(s) unapproved by event organizers or any other party authorized by event organizers. Any and all, included but not limited to; pictures, videos, electronic images, or drawings, regardless of origin, or author, are the property of event organizers. Players and approved photographers may retain their photos and video, however MindGame Productions, Inc. requests the download of all images and video for our own use prior to leaving the event. By attending, you agree to allow us the unrestricted and uncompensated use of you, your likeness, name, voice, photograph (s) logo or trademark in such material. 11. EFFECTIVE TERM
This Agreement shall remain in full force and effect from the date and time of signing continuously for a period of 10 (ten) years. IN WITNESS WHEREOF I HAVE CAREFULLY READ THIS DOCUMENT AND THE BELOW REGISTRATION FORM, FULLY KNOW AND UNDERSTAND THEIR CONTENTS, AND SIGN IT OF MY OWN FREE WILL. April 25, 2024 |
