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