NOTICE AND DISCLOSURE
Participation in Paintball, Airsoft, and related activities carries with its inherent dangers and risks. I acknowledge that this activity or event may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, by way of example and are not limited to any risks that may arise from negligence or carelessness, or liability without fault on the part of persons or entities being released from liability, from dangerous or defective equipment, property owned, maintained, or controlled by such persons or entities, caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, and lack of hydration. These risks are not only inherent to participants but are also present for event personnel.
The specific risks will vary but at all times may include personal injury including serious and permanent injury, death, and destruction, damage, or loss of property. My participation in such activities and/or use of such equipment may result in my injury or illness including but not limited to bodily injury, disease strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death or other ailments that could cause serious disability. I am aware of and appreciate such risks with full understanding of the possible consequences.
IN CONSIDERATION of my application and being permitting me to participate in Paintball, Airsoft, and related activities and event, which are including but not limited to playing, use of the premises, renting and operating equipment leased, sanctioned, and or operated by Guardians Entertainment, LLC (whereafter “GPA”), its officials, directors, officers, employees, volunteers, representatives, and agents, event holders, activity or event sponsors, employees, or volunteers, Rockingham Properties, LLC, its owners, employees, representatives, and agents, I hereby take action for myself, my executors, administrators, heirs, personal representatives, next of kin, successors, and assigns as follows:
ASSUMPTION OF RISK
I HEREBY KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF ANY NATURE, WHETHER FORESEEABLE OR UNFORESEEABLE RISKS, LIABILITY WITH OR WITHOUT FAULT BY PARTICIPATING IN PAINTBALL, AIRSOFT, AND RELATED ACTIVITIES OR EVENT. FURTHER, I CERTIFY THAT I AM PHYSICALLY FIT, HAVE SUFFICIENTLY PREPARED OR TRAINED FOR PARTICIPATION IN PAINTBALL, AIRSOFT, AND RELATED ACTIVITIES OR EVENT, AND HAVE NOT BEEN ADVISED TO NOT PARTICIPATE BY ANY QUALIFIED MEDICAL PROFESSIONAL. I CERTIFY THAT THERE ARE NO HEALTH-RELATED CONDITIONS, PROBLEMS, OR REASON WHICH PRECLUDE MY PARTICIPATION IN THIS ACTIVITY OR EVENT.
WAIVER OF LIABILITY
I HEREBY FREELY AND KNOWINGLY WAIVE, RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ENTITIES, INDIVIDUALS, AND PERSONNEL, AND THE ABOVE REFERENCED ENTITIES AND PERSONNEL FROM ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO LIABILITY OR INJURIES ARISING FROM NEGLIGENCE OR FAULT OF THE ENTITIES OR PERSONS RELEASED, FOR DEATH, PERSONAL INJURY, ILLNESS (INCLUDING BUT NOT LIMITED TO DISABILITY OR DEATH), PROPERTY DAMAGE, PROPERTY THEFT, PROPERTY LOSS, OR ACTIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO TRAVELING TO AND FROM THIS EVENT, WHICH MAY HEREAFTER OCCUR TO ME OR ARISE EITHER DIRECTLY OR INDIRECTLY FROM PARTICIPATION IN THE PAINTBALL, AIRSOFT, AND RELATED ACTIVITIES OR EVENTS.
INDEMNIFICATION AND HOLD HARMLESS
I HEREBY RELEASE, WAIVE, DISCHARGE, INDEMNIFY, DEFEND, HOLD HARMLESS, AND PROMISE NOT TO SUE ENTITIES, INDIVIDUALS, AND PERSONNEL, AND ANY OF THE ABOVE REFERENCED ENTITIES AND PERSONNEL, FROM ANY AND ALL LIABILITIES, CLAIMS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES, AND LIABILITIES, INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES, ACTIONS or LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES, OR OTHERWISE, ATTRIBUTABLE TO FORESEEABLE OR UNFORESEEABLE CAUSES, NEGLIGENCE, WHETHER CAUSED IN WHOLE OR IN PART BY GPA, THE CONDUCT OF OTHERS, OR OTHER PARTICIPANTS, ACCIDENTS, BREACHES OF CONTRACT, OR FORCES OF NATURE, WHICH MAY ARISE OR OCCUR AS A RESULT OF MY PARTICIPATION OF INVOLVEMENT IN PAINTBALL, AIRSOFT, AND RELATED ACTIVITIES OR EVENTS, AND TO REIMBURSE THE AFOREMENTIONED ENTITIES FOR SUCH EXPENSES INCURRED..
ACKNOWLEDGEMENT OF UNDERSTANDING
I acknowledge that above referenced entities, individuals, and personnel described above, its officials, directors, officers, employees, volunteers, representatives, and agents, event holders, activity or event sponsors, employees, or volunteers are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by above referenced entities, individuals, and personnel described above, its officials, directors, officers, employees, volunteers, representatives, and agents, sponsors, and organizers of the activity or event in which I may participate, and that it will govern my actions and responsibilities at said activity or event.
I understand that at this event or related activities, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and assigns. The accident waiver and release of liability shall be construed broadly to provide a release
AUTHORIZATION FOR MEDICAL CARE OR TREATMENT
In the event of injury, accident, and / or illness during this activity or event, I hereby consent to receive medical treatment which may be deemed advisable or medically necessary, and agree to waive any and all liability and claims against those rendering aid or providing medical care, attention, or treatment.
NO EMPLOYEE / AGENCY RELATIONSHIP
I understand and agree that participation in Paintball and/or Airsoft activities does not, nor should be construed to, create any type of employer/employee nor principal/agent relationship between Guardians Entertainment, LLC, above referenced entities, individuals, and personnel described above, and myself.
The undersigned further expressly agrees that the foregoing waiver of liability, assumption of risks and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the State of North Carolina and that if any portion thereof is held invalid it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE READ THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, AND I UNDERSTAND ITS TERMS AND CONDITIONS, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING BUT NOT LIMITED TO MY RIGHT TO SUE. FURTHER, I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY WITH THE INTENTION THAT MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWABLE BY LAW. THIS AGREEMENT SHALL BE VALID AND REMAIN IN EFFECT FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF EXECUTION