RECREATIONAL ACTIVITY RELEASE OF LIABILITY,
WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK
AND INDEMNITY AGREEMENT (the Agreement)
Please read this Agreement carefully and be certain that you understand the implications of signing. Note that the Agreement can be signed online (click on the online link) or can be filled out at one of our stations in our facility. The Agreement is valid for one (1) year after signing. At the end of the year, you must execute a new Agreement, provide a new photograph, and update your profile.
Express Assumption of Risk Associated with Recreational Activities
By signing below, I hereby understand, affirm and acknowledge that the hazards and risks of physical exertion associated with participating in Paintball, Airsoft or LaserTag and related activities, games, and events offered by G and V Business Ventures, LLC d/b/a Xtreme Park Adventures (Xtreme Park Adventures) and the rental and/or use of equipment and/or transportation associated therewith include, but are not limited to, the following (collectively, the Activities):
- Risk of harm or injury from the Activities, acts of God, failure or malfunction of equipment (including equipment rented from Xtreme Park Adventures), exposure to weather, elements, excessive heat, hypothermia, impact of body upon the water, injection of water into my bodily orifices, encountering natural and man-made hazards, uneven terrain, falling tree limbs, attack by or encounters or exposure to insects, reptiles, snakes, and/or other wild animals with the intent of kicking, biting, stinging or moving in an unanticipated manner causing injury and/or death, theft, vandalism, risk of diminished reaction time and the increased risk of accident or injury to myself or others due to fatigue, chill and/or dizziness of myself or others, or other acts or omissions by me or others participating in the Activities. Injuries or harm that could result from the above include, without limitation, mental or physical injury, disease, strains, sprains, fractures, partial or total paralysis, eye injury, blindness, heat stroke, heart attack, partial or permanent disability, death, or other serious bodily injury.
- Harm, injury or even death due to my own negligence and/or the negligence of others, including, but not limited to, contact with other participants and/or fixed or moving objects, operator error or guide decision making, misjudging terrain, weather, trails or route direction.
- Risk of delayed or no medical treatment due to accidents or illness occurring in remote places where there are no available medical facilities. I understand there are no trained medical personnel on staff with Xtreme Park Adventures. However, I authorize Xtreme Park Adventures to provide basic first aid and to seek medical attention, including calling 911.
I understand and acknowledge that the description of the risks above are not complete and that participation in the Activities may involve additional unknown or unanticipated risks that are not readily foreseeable at this time, but which could result in serious injury, illness or death. In spite of such risks, I hereby assume with full knowledge all risks to me involved in participating in the Activities and take all responsibility for all liabilities, losses, costs, and damages I incur as a result of my participation in such Activities.
Release of Liability and Indemnity
In consideration for being permitted by Xtreme Park Adventures to participate in the Activities on its property (the Premises), I HEREBY RELEASE, COVENANT NOT TO SUE AND AGREE TO INDEMNIFY AND HOLD G AND V BUSINESS VENTURES, LLC D/B/A XTREME PARK ADVENTURES AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, LESSORS, AGENTS AND VOLUNTEERS (COLLECTIVELY, THE RELEASED PARTIES) HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS OR CAUSES OF ACTIONS I, MY ESTATE, HEIRS, SURVIVORS, EXECUTORS, OR ASSIGNS MAY HAVE FOR ANY INJURY, DAMAGE OR WRONGFUL DEATH ARISING FROM MY PARTICIPATION IN THE ACTIVITIES WHETHER CAUSED BY MY NEGLIGENCE OR NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
Declaration of Fitness
I hereby declare that I am in good health and sufficient physical condition to participate in the Activities and that I do not have any medical conditions, mental or physical, which could reasonably and foreseeably cause a dangerous situation to other persons or myself while participating in the Activities. I further acknowledge that I may decline to participate any further in the Activities at any time for any reason.
I authorize the use of my appearance by XPA. I understand that I am to receive no compensation for any appearance. XPA shall have complete ownership of the media capture. I authorize XPA to use photo, video and voice. I authroize XPA to make copies of the photographs and recordings for the purposes of education, promotion or advertising. I further understand that the master copies are the property of XPA. I understand that i will inform XPA in advance if I choose not to be part of any photo or video taken.
Agreement to Follow Rules
I HEREBY AGREED TO ABIDE BY ALL RULES SET FORTH BY XTREME PARK ADVENTURES. Rules are subject to change at any time in Xtreme Park Adventures sole discretion. Any violation of the rules may result in the immediate expulsion from the Premises, including the possibility of being permanently banned from the Premises. Returning to the Premises after being permanently banned will be considered trespassing, which Xtreme Park Adventures will prosecute to the fullest extent of the law.
Xtreme Park Adventures Rules
- Player must register and sign this Agreement and pay all required fees before participating in any Activities.
- All markers must be chronographed before play maximum of 285 fps (ask a staff member if you dont understand this).
- Maintain a family atmosphere: no profanity, fighting, or other inappropriate behavior.
- No alcohol or drugs are allowed on the Premises at any time, regardless of age.
- Smoking is permitted in parking area only.
- Please be respectful and throw away your cigarette butts in appropriate containers.
- SAFETY GOGGLES/MASK MUST BE WORN AT ALL TIMES ON THE PAINTBALL FIELD. Anyone caught raising or removing his or her mask on the paintball field may be expelled.
- No shooting in parking lot area or Neutral Zone. Gun barrel plugs are required in these areas.
- Do not shoot, shoot at, or otherwise annoy or harass any animals.
- Do not climb any fences or the exterior of any structures on the Premises.
- All modes, including Full Auto, are allowed.
- Do not adjust or work on rental markers or equipment.
- Anyone caught raising air levels during play will be removed from the Premises.
- Random chronographs may be performed.
- All decisions of Safety Officers are final. Arguing with the decision of a Safety Officer may lead to removal from the Premises.
- If you are removed from the Premises for any violation of these rules, you will not receive a refund. If you return after being permanently banned, you will be prosecuted for trespassing, to the fullest extent of the law.
- You must report any unsafe activity or material on the field of play to a Safety Officer at your first chance.
- Anyone who intentionally shoots field signs or equipment, or otherwise willfully damages any portion of the Premises in any way, will be required to pay replacement costs and may be removed from and permanently banned from the Premises.
- Activities are for fun and the Honor System is in use. No cheating!
I am confirm that I am not relying on any oral or written representation or statements made by the Released Parties other than what is set forth in this Agreement. I hereby assign all right, title and interest I may have in any and all photos taken on the Premises to Xtreme Park Adventures and consent to the use of such photos for promotional and marketing purposes at the sole discretion of the Xtreme Park Adventures. This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. This Agreement shall be governed by the laws of the State of North Carolina, without regard to any applicable conflicts of law principles.
I HAVE READ THIS AGREEMENT, I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
May 28, 2020