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LOCKED ON THE ROCKoperated byRED SWAN LTD.

RELEASE AND WAIVER OF LIABILITY

PLEASE READ THIS DOCUMENT CAREFULLY. THIS AFFECTS YOUR LEGAL RIGHTS.

In consideration for being permitted into Locked on the Rock facility located at 7 Dockyard Terrace, Sandy’s, Bermuda (the “Premises”) and the related activities (collectively, the “Activities”) conducted Red Swan Ltd., RED SWAN LTD. RESERVES THE RIGHT TO REFUSE ENTRY TO THE PREMISES IF THE EMPLOYEES OR STAFF BELIEVE THAT PARTICIPANTS COULD CREATE A RISK OF HARM TO THEMSELVES OR OTHER PARTICIPANTS.

ASSUMPTION OF RISK: I agree that I and/or my child/ward am voluntarily participating in the activities offered by Locked on the Rock and engaging in recreational activities while on the Premises and it is my voluntary and informed decision to release any future lawsuits or claims that they may have against the Releasees (as defined below). Therefore, I agree on behalf of myself and my child/ward and our personal representative, successors, heirs, and assigns to hold Red Swan Ltd. and its affiliates, officers, directors, agents, employees, designers, licensors, and members, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment comprising the Premises (collectively, the “Releasees”) harmless from any and all claims or causes of action arising out of me and/or my child/ward participating at the Premises.

I expressly release and forever discharge Releasees from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury, or death to me or my child/ward, while participating in any of the activities offered at the Premises (the “Release”). This includes, without limitation, the use of electronic equipment, costumes, art work, furniture, locking mechanisms, receiving instruction, strenuous bodily movement, and any other activities in and around the Premises. The Release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of any Releasees or from any other cause. This includes, without limitation, injuries, or accidents, which may occur as a result of the: (a) use or misuse of the Premises in any way by anyone, (b) use of any equipment that malfunctions or breaks, (c) improper maintenance of the Premises, grounds, or any equipment, (d) instruction or supervision, or (e) slipping, tripping and /or falling while on the Premises or on the surrounding premises. I further grant Red Swan Ltd. the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child’s/ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND/OR MY CHILD/WARD TO BRING ANY LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST RED SWAN LTD. SHOULD ANY CLAIM BE MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEY’S FEES AND DEFENSE COSTS INCURRED BY RED SWAN LTD. IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM.

This Release and parental/guardian Waiver is made in accordance with the laws of Bermuda. I have read the above, considered its effects, understand its content, and agree, on behalf of myself and/or my child/ward, to the terms as stated above. This agreement specifically contains an indemnity agreement whereby I agree to reimburse the Releasees against any damages (including attorney’s fees and costs) incurred as a result of any lawsuit, claim, or action brought by myself, my child/ward, or any other party, related in any way to me or my child’s/ward’s use of the Premises. I further understand that no person has permission to use the Premises without an effective and validly signed Release and parental/Guardian Release.

I understand that I am voluntarily giving up my and or my child’s/ward’s right to bring a lawsuit or claim against the above‐mentioned Releasees. I further understand and accept the above risks related to these activities. 

 

December 13, 2018

First Player's Name

First Name*

Last Name*
First Player's Date of Birth*
First Player's Signature*
Second Player's Name

First Name*

Last Name*
Second Player's Date of Birth*
Third Player's Name

First Name*

Last Name*
Third Player's Date of Birth*
Fourth Player's Name

First Name*

Last Name*
Fourth Player's Date of Birth*
Fifth Player's Name

First Name*

Last Name*
Fifth Player's Date of Birth*
Sixth Player's Name

First Name*

Last Name*
Sixth Player's Date of Birth*
Seventh Player's Name

First Name*

Last Name*
Seventh Player's Date of Birth*
Eighth Player's Name

First Name*

Last Name*
Eighth Player's Date of Birth*
Ninth Player's Name

First Name*

Last Name*
Ninth Player's Date of Birth*
Tenth Player's Name

First Name*

Last Name*
Tenth Player's Date of Birth*
Parent or Guardian's Email Address

Email*

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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