RELEASE OF WAIVER AND LIABILITY
ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT ("AGREEMENT")
In consideration of participating in the GAME OF GELLYBALL OR ARCHERY TAG, which includes but is not necessarily limited to, running, jumping, sliding, shooting projectiles from a battery powered gellyball gun or bow, as well as being the target and being shot by projectiles from other participants shooting battery powered gellyball guns or bows (the “Activity”), I represent that I understand the nature of this Activity and that I am qualified, in good health, and in proper physical condition to participate in the Activity. I acknowledge that if I believe that any event conditions are unsafe, I will immediately discontinue participation in the Activity. I fully understand that this activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the “Releasees” defined herein; and that there may be other risks either not known to me or not readily foreseeable at this time related to the Activity; and that I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation in the Activity. I hereby release, discharge, and covenant not to sue Ultimate Gaming and Entertainment, its respective administrators, members, owners, managers, directors, agents, officers, volunteers and employees, other participants, any sponsors, advertisers, and/or the owners and/or lessors of premises on which the Activity takes place (each a “Releasee” and collectively the “Releasees” herein) from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations; and I further agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save and hold harmless each Releasee from any loss, liability, damage, or cost, if any, which may incur as the result of such claim.
MEDIA RELEASE: I authorize Ultimate Gaming and Entertainment to record and edit my likeness, image, voice, interview and performance. I agree that Ultimate Gaming and Entertainment may use and authorize the use of any part of this documentation for, but not limited to, exhibition, publication, educational, and website purposes. Additionally, I waive any right to royalties or other compensation arising or related to the use for my image or recording. I also understand that this material may be used in diverse settings within an unrestricted geographic area.
I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, and understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.