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 Airsoft experience. We wish to inform our patrons that Airsoft is not risk free. The same elements that contribute to the unique character and fun of Airsoft, 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 airsoft activities engaged in at Ballistic Ben’s Paintball Park.
AIRSOFT ACKNOWLEDGEMENT OF RISK
I acknowledge and agree that the sport of Airsoft is an inherently dangerous activity. The game involves the use of pressurized weapons that shoot BB’s. If a BB strikes 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 Airsoft facility and to utilize all safety equipment at all times which is required by the Airsoft 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 Airsoft safety goggles in any area where Airsoft weapons may be intentionally or accidentally discharged; (3) I understand that it is my responsibility to wear approved Airsoft 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 Airsoft; (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 Airsoft involves risks, which include, but are not limited to, the risk of injury from being hit by BB’s or paintballs, injuries from possible malfunction of Airsoft 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 Airsoft. 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 Airsoft 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 Airsoft. I am in good physical condition and able to participate in the sport Airsoft.
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 Airsoft 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 in any photograph or video recording for any purpose of Ballistic Ben’s Paintball Park.
TRANSPORTATION ACKNOWLEDGMENT OF RISK
As part of the Airsoft program, Ballistic Ben’s Paintball Park, may provide transportation by motor vehicle, van, or bus to and from the starting and ending point. 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 October 29, 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, cut-aways, 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 weapon down and repeat the call over and over until the game has been stopped by a referee.
- Do not point your weapon at anything you don’t intend to shoot.
- Safe Zone:
- *Mags Out; Safety on
- *Pistols must be holstered.
- *AEG & Rifles being carried must be pointed at the ground at all times.
- *Shooting inside a Safe Zone is strictly forbidden.
- *Eye protection on
- *No Blind Fire
- *No Over Shooting
- *Magazines must be removed, weapons cleared and then placed on “safe” before ..entering a Safe Zone.
- *All Airsoft weapons will be chronographed before each new set of games. Velocities must ..be adjusted so that three (3) consecutive shots do not exceed:
- *400 FPS; .20 bb’s
- *350 FPS; .25 bb’s
- *Snipers: 500 FPS and no shots closer than 100 feet to opponent. Sniper weapons cannot ..fire full auto.
- *Any BB strike on your person, weapon or gear.
- *Friendly Fire counts
- *If two players fire simultaneously and both are hit, both players are out
- *Knife kills are only allowed with a rubber training knife. Knife kills are a gentle tap on the ..shoulder. No jabs, stabs, swipes or throwing.
- *Shots through brush/bunkers count as a hit.
- *Ricochets/Bounces do not count
- *When hit, immediately yell ‘Hit!’ as loud as you can and exit quickly.
- *Dead men do not talk
- SURRENDER RULE: If you manage to sneak up on a player or a group of players, have a clear shot and are at a distance of 15’ or less, please use courtesy and yell "Surrender"!. The player makes the choice. Surrender Rule is OPTIONAL.
- 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 climb trees, do not move, tamper, or climb in/on field structures. Do not encourage unsafe play.
- Potentially dangerous gear (such as firearms, pyrotechnics and explosives) is prohibited. Personal airsoft equipment must be approved by the game site operator or his/her representative.
- No alcohol, Marijuana, or illegal drugs are allowed on the premises. Participants that are believed to be under the influence 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. 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.
- Smoking is not allowed in, on, or around the airsoft course.
- Do not attempt to remove the power source or other parts from rental weapons, and do not tamper with the rental goggle/face mask system.
- 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.
- 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: October 29, 2020