WAIVER, GENERAL RELEASE AND HOLD HARMLESS AGREEMENT
In consideration of the risk of injury while participating in foam dart wars (the "Activity") and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity and do hereby release and forever discharge BLUE FALCON BATTLEGROUND LLC, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns for any physical or psychological injury including but not limited to of my participation in the aforementioned Activity, including traveling to and from an event related to this activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS WHILE PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS) ECONOMIC OR EMOTIONAL LOSS AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS NEGLIGENCE, CONDITIONS RELATED TO TRAVEL OR THE CONDITIONS OF THE ACTIVITY LOCATION, NONETHELESS I ASSUME ALL RELATED RISKS BOTH KNOWN AND UNKNOWN TO ME.
I agree to indemnify and hold harmless BLUE FALCON BATTLEGROUND, LLC from all losses, liabilities, damages, costs or expense including but not limited to reasonable attorneys fees and other litigation costs and expenses incurred by BLUE FALCON BATTLEGROUND, LLC as a result of any claims or suits that I (or anyone claiming by, under or through me) may bring against BLUE FALCON BATTLEGROUND, LLC to recover any losses, liabilities, costs, damages or expenses which arise during or result from my participation at Blue Falcon Battleground. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Blue Falcon Battleground, it's agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with an actions of neglect or recklessness.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER, GENERAL RELEASE AND HOLD HARMLESS AGREEMENT" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE BLUE FALCON BATTLEGROUND, LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST BLUE FALCON BATTLEGROUND, LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
Furthermore, I understand that photographs and/or videos of me may be taken while participating at Blue Falcon Battleground. I authorize BLUE FALCON BATTLEGROUND, LLC to use these photographs and/or videos for any lawful purposes including but not limited to promotional materials, publicity, advertising, print, electronic and web content.
I Understand this agreement extends into the future and applies with full legal effect each and every time myself or my child(ren)/Ward(s) visit Blue Falcon Battleground.
BLUE FALCON BATTLEGROUND, LLC reserves the right to review my license and/or other form of ID to verify identity and age. BLUE FALCON BATTLEGROUND, LLC further reserves the right to refuse service to anyone.
This agreement was entered into at arm's length, without duress or coercion and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and BLUE FALCON BATTLEGROUND, LLC agree that this Agreement is and clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of the Agreement but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
I, the undersigned participant affirm that I am 18 years of age or older and that I am freely signing this agreement. I certify that I have read this agreement and that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am singing of my own free will.
In the event that the participant is under the age of consent (18 years of age) this release must be signed by a parent or guardian as follows,
I hereby certify that I am the parent or guardian of the children named above and do give my consent without reservation to the foregoing on behalf of this individual.
Electronic Signature Consent*
By signing 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 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 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 or 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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