Mendo Paintball BROUGHT TO YOU BY MENDOCINO MAGIC CAMPGROUND LLC 3000 BRANSCOMB ROAD LAYTONVILLE CALIF.,95454 RECREATIONAL ACTIVITY RELEASE OF LIABILITY WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT: Please read and be certain you understand the implications of signing. Express Assumption of Risk Associated with Recreational Activities. I, ( fill in information below ) do hereby affirm and acknowledge that I am aware of and/or have been fully informed of the following: I Agree the inherent hazards and risks associated with participating in Mendo Paintball activities, games, events, contests, and associated activities, including the rental and/or use of equipment and transportation and use of facilities associated therewith of which I am about to engage in. Inherent hazards and risks include but are not limited to:
1. Risk of injury from the activity and equipment utilized is significant including potential for permanent disability and death. 2. Possible equipment failure and/or malfunction of my own or others’ equipment. 3. This activity takes place outdoors and therefore includes risks associated with exposure to elements, excessive heat, hypothermia, impact of the body upon the water, encountering objects either natural or man-made, exposure to animals with the attendant risk of kicking, biting, shying away, running off or otherwise moving in an unanticipated manner causing injury and/or death. 4. My own negligence and/or the negligence of others, including but not limited to operator error and referee decision making including misjudging terrain, weather, trails, or route location. 5. Attack by or encounter with insects, reptiles, and/or animals. 6. Accidents or illness occurring in remote places where there are no available medical facilities. 7. Fatigue, heat exhaustion, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident. *I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.* RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration for being permitted to participate in the activities described above and related activities, I hereby agree, acknowledge and appreciate that: I HEREBY I Agree 1. RELEASE AND HOLD HARMLESS with respect to any and all injury, disability, death, loss, or damage to person or property whether caused by negligence or otherwise , Mendo Paintball and Mendocino Magic LLC, herein referred to as releasees.
2. To release the releasees, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities. 3. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable. 4. The venue of any dispute that may arise out of this agreement or otherwise between the parties to which Mendo Paintball or Mendocino Magic LLC or its agents is a party shall be the Court of Common Pleas of Mendocino County, California. 5. Said release shall further assign to Mendo Paintball or Mendocino Magic, LLC all rights to use photographs of me taken relative to said paintball activity - but not limited to - use in brochures, catalogs, media advertisements, poster, videotapes, websites, and the like. DECLARATION OF FITNESS I hereby declare that I am physically fit. I do not, and have not, suffered from any medical conditions, mental or physical, which may lead to a dangerous situation to other persons or myself while participating in the releasees activities, games, events, contests, and associated activities. I Agree
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. FOR PARTICIPANTS OF MINORITY AGE: (17 or younger) This is to certify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin.
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