Please read and understand this document before signing. If you have any questions please ask us or consult an attorney.
Ballistic Ben’s Paintball Park and its staff have done everything possible to assure that our patrons have a rewarding Paintball experience. We wish to inform our patrons that Paintball is not risk free. The same elements that contribute to the unique character and fun of Paintball, such as physical exertion or being in the outdoors can cause loss or damage to equipment, and injury, illness or in extreme cases, permanent trauma or death to yourself or others under your supervision. We do not want to heighten or reduce your enthusiasm for the experience, however, we want you to be aware in advance of what to expect, and be informed of some of the possible risks. It is mandatory that you read and sign this release and waiver, then return it to a staff member prior to any paintball activities engaged in at Ballistic Ben’s Paintball Park.
PAINTBALL ACKNOWLEDGEMENT OF RISK
I acknowledge and agree that the sport of Paintball is an inherently dangerous activity. The game involves the use of pressurized markers that fire pellets containing biodegradable dye, which are designed to burst on impact. Under normal conditions the paint pellets will not break skin on impact. However, should a pellet strike a person in the eyes, ears, nose or any vital area of the body which is not adequately protected, temporary or permanent muscle soreness; sprains; strains; cuts; abrasions; bruises; ligament and/or cartilage damage; head; neck or spinal injuries; loss of use of arms and/or legs; disfigurement or in extreme circumstances death, may occur. It is my responsibility to obey all rules at the Paintball facility and to utilize all safety equipment at all times which is required by the Paintball facility. Safety equipment is designed to minimize the risk of injury and/or death, but its proper use does not guarantee that such injury will not occur.
I understand that; (1) there are both foreseeable and unforeseeable risks of injury that may occur as a result of participating is this program; (2) serious and permanent eye injury, including loss of eyesight, can occur regardless if I wear approved paintball safety goggles in any area where paintball guns may be intentionally or accidentally discharged; (3) I understand that it is my responsibility to wear approved paintball goggles and I accept that responsibility; (4) goggles can fog or become dirty, and I agree that despite any such problems, I will not remove my goggles under any circumstances while I am on the playing field, at the target area or any other area I may be struck by a paintball; (5) although the field operator and staff will attempt to enforce safety and playing rules, I may be injured or die because other persons did not follow the rules; and (6) playing paintball involves risks, which include, but are not limited to, the risk of injury from being hit by paintballs, injuries from possible malfunction of paintball equipment used, and injuries from falling over natural or manmade obstacles on the game fields and in the staging area. Additionally, I may be playing the game on rough and hazardous terrain with wildlife. Although this facility has taken steps to minimize the hazards of the facility, the risk of injury can not be completely eradicated and there remains the risk that a participant could be injured as a result of the hazardous nature of the terrain and wildlife.
CONTRACT, WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION
I certify that I am fully capable of participating. I state that I have read the above statement on some of the possible risks associated with Paintball. Therefore, I assume full responsibility for myself for bodily injury, death, and loss of personal property and any expenses as a result of my negligence, negligence of my family, negligence of another participant in the Paintball program, or the negligence of Ballistic Ben’s Paintball Park and its staff. I also understand that Ballistic Ben’s Paintball Park reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in Paintball. I am in good physical condition and able to participate in the sport Paintball.
I agree to indemnify and hold harmless Ballistic Ben’s Paintball Park and its staff, and the U.S. Air Force and its members, agents and employees from all claims, damages, losses, injuries and expenses arising out of or resulting from participation in these activities. I further agree to release, acquit and covenant not to sue Ballistic Ben’s Paintball Park and its staff for any/all actions or claims arising out of participation in the paintball program.
In short, I cannot sue the Ballistic Ben’s Paintball Park and its members, agents and employees, and if I do, I cannot collect any money.
I agree that the site of any lawsuit, and the law governing any such lawsuit, shall be governed under CA law and any disputes shall be resolved in Solano County. The terms of this agreement shall continue indefinitely.
I hereby agree that if Ballistic Ben’s Paintball Park is forced to defend any action, lawsuit or litigation by myself, my executors, or my heirs, on my family's or my behalf, my heirs or executors and I agree to pay court costs and attorney fees if they successfully defend such action, lawsuit or litigation. Any physical or electronic copy of this release can be used as if it was an original.
CONSENT TO PUBLICATION OF PHOTOGRAPH
I authorize and release to Ballistic Ben’s Paintball Park and its staff the use of my image and voice in any photograph or video recording for any purpose of Ballistic Ben’s Paintball Park.
TRANSPORTATION ACKNOWLEDGMENT OF RISK
As part of the paintball program, Ballistic Ben’s Paintball Park, may provide transportation by motor vehicle, van, or bus. In that event, I understand and agree that I cannot hold Ballistic Ben’s Paintball Park liable for any injury I received due to the transportation Ballistic Ben’s Paintball Park provides. I agree that the terms of this release shall cover any injury I receive due to an accident on the part of Ballistic Ben’s Paintball Park whether by their negligence or the negligence of others.
MEDICAL TREATMENT CONSENT
I hereby give permission for transportation to any medical facility or hospital and I authorize Ballistic Ben’s Paintball Park staff and/or any person to render necessary emergency medical care for me. I hereby authorize the release of any medical information. I hereby waive any action or claim against Ballistic Ben’s Paintball Park and their staff or first aid provider for the release of this medical information and/or for care received.
I of my own free will, have read, understand, and acknowledge the risks and liability for myself, this day of August 7, 2020.
I have read and understood this agreement.
Signature of Participant or Signature of Guardian if Participant is a Minor
BALLISTIC BEN’S PAINTBALL PARK SAFETY RULES
All players and spectators must read and follow these important guidelines. The purpose of these rules is to ensure safe play and sustain the level of organization and sportsmanship necessary to keep paintball a positive, enjoyable activity. Participants will be restricted from play and may be made to exit the premises for violating any of these safety rules.
- Listen to and follow the field staff. Do not argue a referee’s decision; do not distract his or her attention from the game.
- Eye Protection: All "goggles-on" areas are identified by "goggles-on" signs. While in these areas, Approved Eye Protection (designed for paintball) MUST be worn by all persons at ALL times. Approved eye protection shall meet or exceed the ASTM guidelines and require .06 lexan lenses positively secured within frames, secured to the head with a head band, and fully enclosing the eye cavity. Both the goggle and the mask must me unmodified. No cut-outs, cutaways, no compromises, no excuses. Rolling up flexible masks is unacceptable. Ear protection is required. All original pins, screws, clips, etc. must be in place. No cracked, painted, or otherwise modified lenses. All the same standards apply to spectators and everyone with access to a “goggles-on” area. Players are not permitted to remove goggles when leaving the playing field. Goggles must remain on until players reach a “safe-zone” (marked by a “Safe Zone" sign). If your mask comes off in a goggles-on zone immediately cover your eyes and yell, “Blind Man!” until the game is stopped by a referee. If you hear “Blind Man!” being called immediately put your marker down and repeat the call over and over until the game has been stopped by a referee.
- Smoking is not allowed in, on, or around the paintball course. There will be no smoke grenades, smoke bombs, or any other smoke or heating generating devices allowed on Ballistic Ben’s premises.
- No shooting into or out of the parking area, staging area and neutral zones, or at any objects outside of the Paintball Park. Approved barrel blocking device use is mandatory in these areas. Plugs, squeegees, sticks, stuffed animals/toys, rags, etc. are not proper barrel blocking devices and are not permitted.
- Shooting is permitted only during games when on the field, or in a designated area i.e. target range, chronograph. Do not shoot at wildlife on the field.
- Do not litter, vandalize or behave in an unsafe manner. Do not “blind fire,” do not climb trees, do not move, tamper, or climb in/on field structures. Do not encourage unsafe play.
- Person(s) who engage in confrontational arguing, use abusive language, and/or threaten physical violence will be asked to leave the premises with no refund.
- Potentially dangerous gear (such as firearms, pyrotechnics and explosives) is prohibited. Personal paintball equipment must be approved by the game site operator or his/her representative.
- Ballistic Ben’s Paintball Park is located on a Federal Military Installation and Marijuana is 100% illegal on a Federal level. Marijuana and illegal drugs are prohibited from Travis Air Force Base. Alcohol is not allowed on Ballistic Ben’s Paintball Park premises. Participants that are believed to have consumed alcohol or drugs before arriving to the facility will not be allowed to participate and will be asked to leave without refund.
- Making aggressive physical contact, arguing/fighting with another player, staff, or participant poses a safety hazard and will not be tolerated.
- Pump and semi-automatic markers only. Ramping, 3-Round Burst, and Fully Auto are prohibited. All markers must be locked in the semi-auto position. Markers may not exceed the maximum limit of 285 FPS (feet per second).
- Manually adjustable velocity regulators (any system not requiring a tool for adjustment) are prohibited. Markers may not exceed the maximum limit of 285 FPS (feet per second). No tools are allowed on the field during play with the exception of barrel squeegees.
- Do not attempt to remove the power source or other parts from rental markers, and do not tamper with the rental goggle/face mask system.
- Paintball “hits” are indicated when a player receives a “mark” of paint from one shot. “Splatter” marks do not constitute a hit. The ball must hit and break on the player. If you are unsure judgment will be determined by a referee. Other signs of elimination include: Yelling the word “hit”, or lifting your marker and/or free hand over your head. Once eliminated you must install your barrel blocking device and proceed in a quick manner to the staging area, holding your marker straight up into the air and yelling: “Hit”, “I’m out”, “I have been eliminated”, and/or, “Dead man coming through”.
- Field boundaries are clearly marked and will be briefed prior to the start of play. Crossing boundaries is not permitted and if determined to be the case, will eliminate the player from the game.
- First Aid – A first aid kit is available at the Registration Counter. If you are injured notify the official immediately and proceed to the Counter.
- An eye wash station is on site.
- Youth ages 10-17 must have an adult sign the consent waiver and rules forms.
- Paint Policy: You may use your own paint as long it’s on the approved paint list. Approved brands are GI Sportz, Empire, Valken, Tippmann, and Zap. Failure to comply with these rules will result in being asked to leave Ballistic Ben’s premises for the remainder of the day and will receive no refund.
- Ballistic Ben’s open-play hours are subject to change without prior notice and/or refund.
VIOLATIONS OF ANY OF THESE RULES CAN RESULT IN YOUR REMOVAL FROM THE GAME AND/OR BALLISTIC BEN’S PREMISES FOR A PERIOD OF TIME DETERMINED BY THE PARK OWNER OR HIS/HER REPRESENTATIVE. BY SIGNING THIS DOCUMENT, PARTICIPANT (AND GUARDIAN, WHEN APPLICABLE) ACKNOWLEDGES HAVING READ AND UNDERSTOOD ITS MEANING AND CONTENTS.
Date: August 7, 2020