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Paintball and Archery Tag Assumption of Risk, Waiver of Liability, and Indemnification Agreement

IMPORTANT: This is a legally binding document.  Read, ask if you have any questions, and understand before signing.

 

I voluntarily enroll and participate in Paintball and/or Archery Tag activities offered by Brigham Young University-Idaho’s Outdoor Resource Center.  In consideration of the services of Brigham Young University-Idaho, its agents, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (collectively referred to herein as BYU-Idaho), I hereby agree to the terms of this Assumption of Risk, Waiver of Liability, and Indemnification Agreement (this “Agreement”) and make the following representations:

Assumption of Risk.  I understand that my participation in Paintball and/or Archery Tag (this “Activity”) entails known and unanticipated risks, which could result in physical or emotional injury, paralysis, death, or damage to me, to property, or to third parties.  I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activity. These risks may also include, but are not limited to, soft-tissue damage, eye and ear injuries, concussions, genital injuries, cuts, welts, and bruises, sprained/twisted ankles, breathing difficulties, temporary or permanent vision loss, tripping, internal injuries by being hit with paintballs or arrows. Compressed gas tank failure, gun failure causing paintballs to shoot at higher velocities or not at all, inadequate padding to protect from paintballs, and being shot at close range or by errant shots. Being shot, ear and/or hearing damage or loss, being injured by paintballs or arrows, sore muscles, burns from bowstrings, injury from arrows, physical exertion, hypo/hyperthermia, exhaustion, mosquito bites, insect bites, wildlife encounters, collisions with people, stained or ruined clothing from paintballs, broken teeth, bloody noses, stress, or fear.   There is also the potential for slips and falls, string burns, rockfall, pinches, scrapes, twists, and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, and/or other injuries.  Other risks may include getting lost, weather (wind, rain, lightning, hail, snow, fog, clouds), drowning, or any other injury associated with water, or any type of cold or hot weather injury, including sunburn, frostbite, hypothermia, heat stroke or exhaustion, dehydration, or even more severe life-threatening hazards. Some activities require extended periods of physical exertion or play over uneven terrain which may result in sore muscles, exhaustion, fatigue, or other unanticipated physical ailments. During the Activity, there may be contact with plants, animals, or insects that could create hazards such as stings, allergies, animal attacks, and associated diseases. Outdoor activities may occur in remote places, many miles from medical facilities. Communication and transportation can be difficult and may delay evacuation and prompt medical care, and other risks, hazards, or accidents, whether foreseen or unforeseeable.  I acknowledge that the above list is not inclusive of all possible risks associated with the Activity, and I agree that the list in no way limits the extent or reach of this Agreement.  I voluntarily assume all risks associated with the Activity with full knowledge and appreciation of the dangers and risks involved and give consent for me to participate. 

Waiver of Liability and Indemnification. I voluntarily agree to assume all risk of personal injury, including paralysis or death, and property loss that may occur while participating in the Activity. I hereby knowingly and intentionally waive, release, and covenant not to sue, and agree to indemnify, hold harmless and defend BYU-Idaho and its respective directors, successors, assigns, officers, employees, volunteers, and agents, from and for all claims of loss, damage, or liability, including claims of property damage or personal injury, paralysis or death, and property loss, which may result from my participation in the Activity. This release is effective even if the damage, injury, loss result from the ordinary negligence or omission of BYU-Idaho. 

I certify that I have adequate health insurance to cover any injury or damage I may suffer while participating in the Activity.  I further certify that I have no medical or physical conditions that could interfere with my safety or the safety of others in the Activity. I hereby give permission for transportation to any medical facility or hospital, and I authorize any qualified medical provider to render necessary emergency medical care.

In the event I suffer any injury whatsoever while participating in the Activity, I agree to notify a staff member or a BYU-Idaho agent immediately. 

I agree to pay attention to the equipment I may use, and to advise staff members or BYU-Idaho’s agents, if I do any damage or notice any damage. I certify that I have read the posted rules, and I agree to abide by these rules and any future rules, and if staff makes a specific request of or instruction to me, I agree to comply.

I am at least *18 years of age and otherwise legally competent to sign this agreement.  This Agreement shall be effective and binding upon me and upon my assigns, heirs, representatives, executors and administrators.

I understand that this Agreement is binding.  I expressly state that I have read, understand, and am familiar with all its provisions and that I sign it of my own free will.  I acknowledge that I have had the opportunity to ask questions about the Activity and this Agreement.

 

January 28, 2023

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
Participant's Role
Select participant's role:
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking 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 that you sign 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 any 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 for 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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