878 AIRSOFT MAINTAINS THE RIGHT TO REFUSE PARTICIPATION TO ANYONE ON ANY GROUNDS DEEMED APPLICABLE BY 878 AIRSOFT.
THERE WILL BE NO REFUNDS FOR FIELD FEE OR RENTAL FEES IF YOU ARE ASKED TO LEAVE FOR ANY VIOLATION.
It is recommended and encouraged that you seek legal counsel before signing this Waiver, Hold Harmless and Indemnification Agreement and Covenant Not to Sue.
By signing the following I acknowledge I know how to read, write and understand the English language, sufficiently to understand this document and to fully appreciate its nature and the consequences of each and every covenant contained in this Agreement and the consequences of my consent thereto and I hereby state that I am of lawful age to enter into this Contract (18 years of age or older) or Adult or Legal guardian of said minor(s) attached to this waiver.
878 AIRSOFT LLC.
RELEASE AND WAIVER AGREEMENT
878 AIRSOFT LLC. (“878 Airsoft” or the “Company”) is the owner/operator/sponsor of activity, Airsoft games and activities (the "Activity") and is willing to permit the individuals (the "Invitees") signing this Release and Waiver Agreement (“Waiver”) to participate in the Activity, upon the terms and conditions of this Waiver. All or some of the Activity may take place on the Company's premises or property (the "Premises") located at 3920 & 4020 Farm to Market, Waxahachie, Texas 75165, or contiguous properties. The Company and Invitees may be collectively referred to as (the "Parties"). In consideration of being provided with the ability to participate in the Activity and enter the Premises, each person signing below hereby stipulates and agrees:
1. Use of Premises for Activity Only.
I understand and agree that I may only use the Premises for the Activity set forth in this Waiver agreement at the date(s) and time permitted by the Company. I further agree that I am responsible for the proper use and care of the Premises and any of Company's property thereon, and that I will be liable for the replacement cost of any Company property which is damaged, destroyed or lost.
2. General Assumption of Risk.
I understand and acknowledge that the Activity that I am choosing to participate in is dangerous and may involve the risk that I will sustain injury, serious injury, temporary or permanent disability, death, and/or personal property damage. The Activity involves the use of spring/battery/air powered weapons that disburse projectiles known as BBs. If a BB strikes a person in any area including but not limited to the eyes, ears, nose, mouth or any area and/or vital area of the body, temporary or permanent muscle soreness, sprains, strains, cuts, abrasions, bruises, ligament and/or cartilage damages, head or neck or spinal injuries, loss of use of arms and/or legs, disfigurement, or in some circumstances death, may occur. Furthermore, I understand and acknowledge that the Activity involves the interacting with certain man-made and natural obstacles on Premises as well as traversing rough and hazardous terrain with wildlife. The Company is constantly improving and adding man-made roads and building. Due to this work, there are additional risks including rough and sharp base material for the roads, sharp objects and other hazards related to ongoing construction and improvements and other hazards. 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 such Activity. Despite this representation, I understand that my participation in such an Activity and/or use of such equipment may result in my injury, or illness including but not limited to bodily injury, disease, sprains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death, or other ailments that could cause serious disability. I, further, understand that the Activity may not be supervised at all times and that the Company does not provide medical services. I further acknowledge that any injury I may sustain while participating in the Activity may be compounded by negligent or delayed medical services by the Company. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF THE PREMISES AND PARTICIPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PERSONAL PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY.
3. Assumption of Risk for the Premises.
I understand that conducting the Activities on the Premises may be hazardous and that I may be exposed to inherent dangers and hazards, including but not limited to some of the following: improvements to our roads, buildings, water or river currents, lightning, hypothermia, hostile or aggressive wildlife, venomous or disease-carrying animals or insects, communicable diseases, exposure to allergens which could cause life-threatening reactions, drowning, death, falls, fractures, concussions, dangerous or unanticipated weather, overexertion, overheating, injuries from my lack of fitness or conditioning, equipment failures, my failure to wear a personal flotation device, wearing certified ANSI/ISEA Z87.1 rated protective eyewear or using other protective gear, and the negligence of others. I am aware that there are numerous bodies of water on the Premises that are over 2 FT. DEEP in most locations. USE EXTREME CAUTION!
4. Following Company Rules, Safety Regulations and Assumption of Risk.
I expressly agree to follow 878 Airsoft's field rules that are frequently updated or changed, and if a player is reported or seen not following field regulations, corrective action can be taken up to and including permanent ban from the Premises. Furthermore, I have read and agree to abide by the Safety Rules and rules of engagement posted at https://878Airsoft.com/pages/rules as well as any direct commands from employees or volunteers of the Company. Rules can be found at https://878Airsoft.com/pages/rules or ask any employee or volunteer for a copy to read. I understand that the Company has instituted these rules for the safety of my participation in the Activity. It is my responsibility to obey all rules and use all safety equipment required by the Company on the Premises. While safety equipment is used to minimize the risk of injury, serious injury, and/or death, its proper use DOES NOT guarantee that such an injury will not occur. As a result, I understand and acknowledge that the failure to wear protective equipment and follow the Field Rules and/or Safety Rules is dangerous and may result in injury including but not limited to damage to the eyes, ears, nose, teeth or any vital or other area of the body, temporary or permanent muscle soreness, sprains, strains, cuts, abrasions, bruises, ligament and/or cartilage damages, head or neck or spinal injuries, loss of use of arms and/or legs, disfigurement, or in some circumstances death.
5. Release from Liability.
I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Company and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises and participation in the Activity, whether caused by the negligence of the Company or any of the Released Parties or by any other reason. I acknowledge and agree that this Waiver for a Potentially Dangerous Activity is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or any form of personal or other property damage sustained by me while on or using the Premises or participating in the Activity.
6. Covenant Not to Sue.
I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises or while participating in the Activity.
7. INDEMNITY FOR PERSONAL INJURY OR OTHER DAMAGES.
I hereby agree to defend, indemnify and hold harmless Company and the Released Parties from and against any claims that I have or may be brought by a third-party for losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys' fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use (or my minor child's use) of the Premises or participation in any Activities on the Premises, including if fault for such is jointly or solely that of the Company or Released Parties.
8. Medical Treatment Release.
I hereby authorize the Company to secure, and I consent to, any medical treatment that may be given to me should the Company determine, in its sole discretion, that I need medical care, as a result of my being on the Premises or from participating in the Activity. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release all parties involved from any type of liability for anything that may happen during my treatment or transport.
9. No Representations by Company.
I acknowledge that Company makes no representation as to the condition of the Premises or the safety of the Activity or any equipment either on the Premises or used in the Activity. I accept and shall use the Premises, and its equipment, in its "AS IS" condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company's employees, agents, sponsors, volunteers or representatives regarding this agreement or the Premises or Activity, except to the extent such representations are expressly set forth in this agreement.
10. Governing Law; Severability; Waiver.
This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Texas without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in a state court located in Ellis County in the State of Texas and consent to the jurisdiction of said state courts located in Ellis County, Texas. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
11. Compliance with Law; Entire Agreement.
In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
12. YOUR DUTY TO PURCHASE INSURANCE.
I understand that the Company and the Released Parties have not purchased insurance of any kind to cover loss that I may sustain related to activity on this property. I understand that I have the sole obligation to purchase dental insurance for damage to my teeth, medical insurance to cover any injury that I sustain, life insurance to cover any loss that my death may cause to related parties, property damage insurance for loss, damage or theft of my equipment or other personal property, and any other insurance that I may need to cover disability, wage loss, or other harm resulting from injury. I have no expectation or desire for the Company to purchase medical insurance, general civil liability insurance, life insurance, property damage insurance, disability or wage loss insurance for my benefit and understand that if I wish to be covered for such losses, I should obtain appropriate legal and other advice to protect myself against losses that may occur during activities on the Premises.
13. MEDIA RELEASE AGREEMENT.
In addition, in consideration of and by participation in ANY activities on Premises, I consent that my image or my minor child’s image may be captured in photographs and/or motion picture footage and utilized exclusively by the Company I understand that the Company and others may take video and photos at the field. I hereby grant permission and waive any rights of my or my minor's image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration, as well as waiving exclusive rights to any photos or video taken on any of the Company premises. I understand that such image and likeness may be edited, copied, exhibited, published, or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of any such image or recording. I also understand that this material may be used in diverse settings within an unrestricted geographic area and posted on social media platforms and elsewhere on the Internet. with no compensation for its usage. I acknowledge that I may not capture any photographs and/or video media for my own usage without the expressed permission from Company. The Company reserves all photographic and motion picture footage rights arising from images captured on the premises.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS OF MINE, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.
MINOR CHILD ATTESTATION AND INDEMNIFICATION BY PARENT AND/OR GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. I, as the participating minor’s (the “Minor”) parent and/or guardian, understand the nature of the above referenced activities and the Minor’s experience and capabilities and believe the Minor to be qualified to participate in such activity. As provided in this Waiver, I hereby release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE HOLD HARMLESS each of the Released Parties from all liability, claims, demands, losses, or damages on the Minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Released Parties or otherwise, including negligent rescue operations, and further agree that if, despite this release I, the Minor, or anyone on the Minor’s behalf makes a claim against the Company or any of the above Released Parties, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releases from any litigation expenses, attorney fees, loss liability, damage, or cost any Released Parties may occur as a result of any such claim as provided by Waiver. I further understand and acknowledge all of the above risks contained in the Waiver and freely assume all of those potential risks on behalf of the Minor as his/her parent and/or guardian. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU EXPRESSLY UNDERSTAND THAT THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY AND THAT YOU RATHER THAN THE COMPANY SHOULD PURCHASE INSURANCE TO GUARD AGAINST ANY SUCH LOSS.