WAIVER AND RELEASE OF LIABILITY
In consideration of The Kill Zone LLC furnishing services and/or equipment to enable me to participate in Paintball / Air Soft games, I agree as follows:
I fully understand and acknowledge that; (a) risks and dangers exist in my use of Paintball / Air Soft equipment and my participation in Paintball / Air Soft activities; (b) 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; (c) these risks and dangers may be caused by negligence of the owners, employees, officers or agents of The Kill Zone LLC the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes; and (d) by my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, officers, members, agents, employees, special promoters, or suppliers of The Kill Zone LLC.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify The Kill Zone LLC, and it's owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Paintball / Air Soft equipment or my participation in Paintball / Air Soft activities, I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers, members, employees, special promoters or suppliers of The Kill Zone LLC.
I agree to be responsible for loss, theft, or damages to any The Kill Zone LLC or The Kill Zone LLC TM equipment.
In consideration for value received, receipt whereof is acknowledged, I hereby give The Kill Zone LLC, and their photographers the absolute right and permission to publish, copyright and use pictures (including moving pictures) of me in which I may be included in whole or in part, composite or retouched in character or form: If the person photographed is under 18, I certify that I am his or her parent or legal guardian and I give my consent without reservation to the foregoing on his or her behalf.
In consideration for value received, receipt whereof is acknowledged, I hereby give The Kill Zone LLC, a nonexclusive license to any and all photographic, film, or video images captured, taken, or developed from the The Kill Zone LLC Park and to the use by The Kill Zone LLC, of the images without limitation.
I understand and agree that The Kill Zone LLC, is not responsible for the loss or theft of personal property.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE THE KILL ZONE LLC, PAINTBALL STAFF, VOLUNTEERS, SUPPLIERS, SPECIAL PROMOTERS, LANDOWNERS OR ANY OTHER SUCH PERSON FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. THIS WAIVER IS VALID FOR MULTIPLE VISITS AND EXPIRES ONE YEAR FROM THE DATE SIGNED.
RAGE ROOM
ASSUMPTIONS OF RISK
By signing/initialingthis agreement, you acknowledge, accept, and agree that the use of and participation in any breakroom related activities, to include break room services, equipment, and facilities is inherently dangerous. Participation is a break room session and related activities may place unusual stress on the body and is not recommended for person suffering from asthma, epilepsy, cardio disorders, respiratory disorders, hypertension, or mental illness. Women who are pregnant or suspect they are pregnantshould not engage in break room activities. If you have consumed alcohol or under the influence of any drugs (prescribed or unprescribed), should not engage in any break room activities. If you have been advised to consult with a medical practitioner and have any concerns about your health, you should not participate in any break room activities.
By signing/initialingthis agreement, you acknowledge, accept and agree to have received full information regarding The Kill Zone LLC services, equipment and facilities and have had the opportunity to ask any questions that you had, prior to accessing the service. You have full knowledge of the nature and extent of all the inherent risks associated with break roomactivitiesand theservices, equipment, and facilities used in break rooms at The Kill Zone LLC. These risksmay include but are not limited to:
- Any manner of injury, including without limitation the possibility of serious injury or death, resulting from any of the services, equipment, and facilities at The Kill Zone LLC, including without limitation, slipping/tripping on debris and hitting floor, people, self with equipment, weapons or debris.
- Failure to wear protective gear as instructed by The Kill Zone LLC staff, could result in extensive injury.
- Injuries resulting from actions or omissions by customer.
- Cuts and abrasions resulting from skin contact with damaged items, debris, or any other surface, person or equipment.
- Injuries resulting from shock, stress, or other medical conditions
- The aggravation or worsening of any existing medical condition.
- Failure to follow The Kill Zone LLC staff instructions or failure to ask for information or assistance.
- Any injury that may occur while moving on or about the premises for any reason, including but not limited to slips, trips, and falls.
You acknowledge that the above list is not inclusive of all possible inherent risks associated with the use of The Kill Zone LLC services, equipment and facilities. You agree that such list in no way limits the extent or reach of this assumption of risk, release and indemnification.
RELEASE
In consideration of the use of The Kill Zone LLC services, equipment and facilities and/or participation in any program, competition, special event, group or party offered by or held at The Kill Zone LLC. You release and discharge The Kill Zone LLC as well as its members, managers, officers, directors, owners, employees, agents and contractors, from any and all liabilities, suits, claims causes of actions, demands, damages (including attorneys’ fees and expenses), losses or costs of any nature whatsoever incurred by me or that are in any way facilities, whether supervised or not, including without limitation, all claims for property damage, or personal injuries.
INDEMNIFICATION
By signing/initialingthis agreement, you hereby agree to indemnify The Kill Zone LLC, as well as its members, managers, officers, directors, owners, employees, agents and contractors, from any and all liabilities, suits, claims, causes of actions, demands, damages, losses or cost of all nature whatsoever arising out of, orin any way relating to, your use of or movement in or throughout The Kill Zone LLC services, equipment, and facilities, whether or not there are any allegations or charges of negligent acts or omissions or the part of any other parties, including.
This agreement shall be effective and binding upon your heirs, next to kin, executors, administrators etc, in the event of your death or incapacity. By signing this agreement, you waive the right to bring legal action to recover damages or obtain any other remedy for any injury to yourself or death, or any damages to your property, however caused, arising out of your use of or movement in or throughout The Kill Zone LLC services, equipment and facilities now or anytime in the future.
You agree to pay for any and all reasonable attorney fees and expense incurred by The Kill Zone LLC as a result of any claims and action you made or on your behalf in contravention of this agreement.
MEDIA & COMMUNICATION CONSENT & RELEASE
By signing/initialingthis agreement, you understand and agree that The Kill Zone LLC and its personnel or staff reserves the right to deny access to its facilities to any individual, permanently or for a specified period of time, for any breach of The Kill Zone LLC policies, rules and regulations, for any conduct that is viewed as unsafe or inappropriate, or for any other reason whatsoever, whether disclosed or undisclosed. While using The Kill Zone LLC services, equipment, and facilities, you consent to The Kill Zone LLC capturing any forms of media containing images, including photos and videos, and agree that any such media may be use for any and all purposes that The Kill Zone LLC deems appropriate in its sole and absolute discretion. I consent that, The Kill Zone LLC may add by email address to their mailing list for updates and promotions.
- Without exception of compensation of other remuneration, now or in the future, you hereby give consent to The Kill Zone LLC and its affiliates and agents, to use image(s)/video(s) and likeness and/or any interview states from me in its publication, advertising or other media activities (including the internet This consent includes, but is not limited to:
- Permission to interview, film, photograph, tape or otherwise make a video reproduction of your and/or recorded voice
-Permission to use your name and
-Permission to use quotes from the interviews(s) (or excerpts of such quotes), the film, photograph(s), tape(s), or reproductions(s) of you, and/or recordings of your voice in part or in whole, in this publication, in newspapers, magazines, or other printed media, on television, radio, electronic media (including the internet), in theatrical media and/or in mailing for advertisement and awareness.
By signing/initialingthis agreement, you give consent in perpetuity and does not require prior approval by me.
You agree that you are at least 18 years of age and legally competent to sign this agreement. This assumption of risk, release, and indemnification shall be effective and binding upon me and upon my assignees, heirs, representatives, executors, administrator, etc. If you are under the age of 18, this release must be signed and filled out by a parent or guardian.
The participation in this activity is purely voluntary and you elect to participate in spite of the risk described herein. By signing/initialingthis agreement, you certify that you have adequate insurance to cover any injury or damages you my cause or suffer while participating and you agree to bear the complete cost of such injury or damages. You certify that you have not medical or physical conditions that will interfere with your ability to participate, safely in the use of the The Kill Zone LLC services, equipment, and facilities or you are willing to assume an bear complete cost of all risk that may be create, directly, by any such condition.
By signing/initialing this agreement, you agree that the validity and enforceability of this release of liability and assumption of risk will be governed by the laws of the State of North Carolina, without regard to its conflict of law rules and venue for any proceedings regarding this agreement shale by in the state courts located in Wayne County, North Carolina. You agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall be in full force and effective.
By signing/initialing this agreement, you agree that you had sufficient opportunity to read this entire document, as well as the opportunity to ask questions about this document. You acknowledge that if anyone is hurt or property is damaged while on premises, I may be found by a court of law to have waived my rights to maintain a lawsuit against The Kill Zone LLC as well as its members, managers, officers, directors, owners, employees, agents and contractors , on the basis of any claim from which I have release them herein.