Release of Liability, Assumption of Risk, & Indemnification Agreement
This document affects your legal rights. Read ALL PAGES carefully before signing.
1. ACTIVITY AND ASSOCIATED RISKS: I have chosen to participate in the following training class/program:
HV Airsoft – Annual Waiver
(Hereinafter referred to as “Program”), which is organized by Hudson Valley Shooting Sports (Herein referred to as “HVSS”) and Paladin Center LLC. (Hereinafter referred to as “Paladin”). I understand that:
The Program is inherently hazardous, and I may be exposed to dangers and hazards, including some of the following: falls, fractures, concussions, overexertion, overheating, injuries from lack of fitness or conditioning, death, equipment failures, and negligence of others including fellow students or others on the premises;
- As a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and my property may also be damaged;
- Hospital facilities, qualified medical care, and medical evacuation may be limited by local conditions; and
- Paladin assumes no responsibility for providing medical care during the Program. I will have to pay for any medical care and/or evacuation that I incur.
- I agree to follow all rules, posted or otherwise mentioned by Paladin and/or HVSS Staff
In consideration of the permission to participate in the Program, I agree to the terms contained in this document which I acknowledge is a binding agreement.
2. ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks and any harm, injury or loss that may occur to me or my property as a result of my participation in the Program or during any transportation to or from the Program – including any injury or loss caused by negligence of HVSS or Paladin, its employees and officers, its contractors, and other Program participants. I also understand that any equipment that I provide or may borrow from Paladin or any other provider I use at my own risk and that such equipment is provided without any warranty about its condition or suitability. I understand that the facilities are provided “as is” “where is” and may involve hazards, and some hazards may not be visible or readily apparent.
3. RELEASE OF LIABILITY: I hereby RELEASE HVSS / Paladin, its employees, officers, directors, and members, its contractors, its instructors, its landlord, the providers of any equipment used in the Program, any municipal or governmental providers of use permits, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILTIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occurs to me or to any other person or to any damage to property during the Program or in any way related to the Program, including during transportation to or from the Program. This release includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This release does not extend to or any other liabilities that New York law does not permit to be excluded by agreement. I also agree NOT TO SUE or make claim against the Released Parties for death, injuries, loss or harm to me personally or any property that occurs during, arising from or in connection with, the Program.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct, acts or omissions arising from, during or in connection with the Program. In accordance with these promises, I will reimburse the Released Parties for any damages, expenses, costs, and other amounts, including attorney’s fees and court costs that they may incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representatives, executors, administrators or guardians will be obligated to respect and enforce these provisions.
5. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow all safety rules and instructions for the Program provided to me and to follow directions given to me by the leaders of the Program, including USING ALL OF THE PROTECTIVE GEAR that I am instructed to use.
6. INDEPENDENT CONTRACTORS: I acknowledge that HVSS / Paladin has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Program or other participants in the Program.
7. USE OF MY LIKENESS: I understand that during the Program, I may be photographed or videotaped. I hereby grant HVSS / Paladin the irrevocable righto use, adapt, modify, reproduce, distribute, publicly perform and display, in any form now known or later developed, my image or visual likeness, my name and/or personal information and/or my voice (the “Personal Information”), throughout the world, in any form of media now known or hereafter developed (the “Works”). I waive any right to inspect or to approve any Works that may be created using the Personal Information and waive any claim with respect to the eventual use to which the Personal Information may be applied. The Personal Information may be used at HVSS / Paladin’s, with or without my name or with a fictitious name, and with fictitious or accurate biographical material, alone or in conjunction with any other material of any kind or nature except that such parties will not use the Personal Information for any criminal or illegal purposes or in a manner inconsistent with community
8. SEVERABILITY: I agree that this agreement shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by New York law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remaining provisions will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
9. APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This agreement is governed by and shall be construed in accordance with the laws of the State of New York, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Program shall be brought only in the Supreme Court, Putnam County, New York, and I agree to the jurisdiction and venue of this court for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.
- I understand the hazards of the novel coronavirus ("COVID-19") and am familiar with the Centers for Disease Control and Prevention ("CDC') guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
- Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.
- I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) Hudson Valley Airsoft, Hudson Valley Shooting Sports LLC, Paladin Center LLC, their owners, officers, directors, agents, employees and assigns (the "RELEASEES")from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.
- I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys' fees, costs and disbursements, whether of in -house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COV ID-19 or any other illness or injury.
- It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of New York. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT TO THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.
I have fully informed myself of the contents of this agreement by reading it before signing it. No oral representations, statements, or other inducements to sign this release have been made apart from what is contained in this document.
THIS WAIVER SHALL BE IN EFFECT FOR ONE YEAR FROM DATE OF SIGNING. MY CONTINUED PARTICIPATION SHALL REAFFIRM THE TERMS AND CONDITIONS OF THIS WAIVER
Today's Date: September 17, 2021
Read each page carefully. This is a binding agreement. By signing this agreement you acknowledge and agree that you understand this agreement and that you have willingly and voluntarily signed this agreement. You represent that you have had the opportunity to consult an attorney and have done so or chosen not to in connection with signing this agreement.