Know all men by these presents that the undersigned, being of lawful age, or being permitted, with authorized signature by Parent and/or Guardian, for the sole consideration of being granted the opportunity to participate in the below described event does hereby and for his/her heirs, executors, administrator, personal representatives, successors and assigns release, acquit and forever discharge in the United States Of America and the owner of any lands utilized by Clovis Fun Center Inc. (herein after referred to as Clovis Fun Center) in the conduct of its operations and its or their agents, servants, successors, personal representatives, heirs, executors, administrators, assigns, and all other person, firms, corporations, associations, or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has or all known and unknown, foreseen and unforeseen, bodily and personal injuries and property damage and the consequences thereof resulting or to result or which may result from any accident, casualty, or even which may or did occur for any reason in connection with or arising out of or on account of the undersigned’s participation in execution thereof. It is understood and agreed that this release is made in order to induce Clovis Fun Center to allow the undersigned to participate in the event herein referenced and that such inducement I material in Clovis Fun Center’s decision to allow the under-signed to participate. Furthermore, the undersigned agrees to follow and abide by the letter and specifically, the undersigned agrees to wear at all times while on the playing field eye, face, ear, head/neck, protection approved by Clovis Fun Center and/or its representatives. The undersigned hereby declares and represents that he/she acknowledges and understands that any injuries which may be sustained for any reason may be permanent and progressive and that recovery therefore is uncertain and indefinite, or may be fatal, and making the Release it is understood and agreed that the undersigned intends to assume any and all risks of loss, including property damage losses, and indemnifies and saves Clovis Fun Center and/or its representatives from any damage, loss, claim, cost, and expense of any kind or nature. The undersigned further declares and represents that no promise, inducement, or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not mere recital, and that it is made freely, knowingly and intentionally. The foregoing Release and its conditions are understood to apply to all other individual players, as well as Clovis Fun Center and the land owners.
In consideration of being permitted to participate in any way in the fun park program indicated below and/or being permitted to enter for any purpose any restricted area(here in defined as any area where in admittance to the general public is prohibited), the parent(s) and or legal guardian(s) of the minor participant named below agree: 1. The parent(s) and or legal guardian(s) will instruct the minor participant that prior to participating in the activites at Clovis Fun Center or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agree that, if at any time, I feel anything to be UNSAFE. I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further. 2. I/We fully understand and acknowledge that: (a) There are risks and dangers associated with participation in fun events and activities which could result in bodily injury, partial and/or total disability, paralysis and death. (b) The social and economic losses and/or damages which could result from these risks and dangers described above, could be severe. (c) These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below. (d) There may be other risks not known to us or are not reasonable foreseeable at this time. 3. I/We accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below. 4. I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the fun park used by the participant, including its owners, managers, promoters, lessors of premises used to conduct the fun events or program, premises and event inspectors, underwriters, consultants and others who give recommendations or directions, or instructions to engage in risk evaluation or loss control activities regarding the fun park or events held at such facility and each of them, their directors, officers, agents, employees, all for the purpose herein referred to as “Releasee”…FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR THE RELEASEE OR OTHERWISE. 5. I/WE HEREBY acknowledge that the ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES. 6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or state in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect. 7. On behalf of the participant and individually, the undersigned partner(s) and or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the releasees, the parent(s) and/or legal guardian(s) will reimburse the releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. THE UNDERSIGNED REPRESENTS THAT HE/SHE CAN READ AND WRITE THE ENGLISH LANGUAGE AND HAS SIGNED THE RELEASE FREELY AND WITHOUT DURESS OR UNDER INFLUENCE OF ANY KIND. THE UNDERSIGNED FURTHER ACKNOWLEDGES THAT THE EVENT ABOVE DESCRIBED MAY INVOLVE A HIGH DEGREE OF RISK OR PHYSICAL INJURY OR DEATH; THAT THE SIMULATED COMBAT SITUATIONS INVOLVE USE OF A GAS POWERED WEAPON SHOOTING PAINT-FILLED GELATIN PROJECTILES AND THAT IT IS HIGHLY PROBABLE THAT THE UNDERSIGNED WILL BE HIT BY ONE OR MORE SUCH PROJECTILES. The undersigned furthermore agrees to show proper identification anytime a staff member of Clovis Fun Center requests it of them. In witness whereof I have hereunto set my hand and seal and delivered this Release the day reference below. |
