THIS IS A RELEASE OF LIABILITY
--READ BEFORE SIGNING--
NOTE: THIS FORM MUST BE READ AND SIGNED BEFORE THE PARTICIPANT IS ALLOWED TO TAKE PART IN ANY PAINTBALL EVENT.
A. Participant: The individual, or individuals names listed below.
B. Event Holders: Direct Surplus Sales, Inc., doing business as Combat Zone and S & S Property Investment Group, L.P., which shall include their officers, agents, employees, other participants, sponsoring agencies, sponsors, advertisers and owners and lessors of the premises used for the Activity.
In consideration of being permitted to participate in any way in the SPORT AND ACTIVITIES OF PAINTBALL, under the auspices of The AMERICAN PAINTBALL LEAGUE, I acknowledge, appreciate, and agree that:
1. The risk of injury from the activity and weaponry involved in paintball is significant, including the potential for permanent disability and death, and while particular protective equipment and personal discipline will minimize this risk, the risk of serious injury does exist;
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE of those persons released from liability described in paragraph “B” above, and assume full responsibility for my participation; and,
3. I understand that the activities of paintball are physically and mentally intense. I understand the rules of play and will comply with all rules and regulations. If I observe any unusual or unnecessary hazard during my participation, I will bring such to the attention of the nearest official as soon as practical; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS FROM LIABILITY THE AMERICAN PAINTBALL LEAGUE (APL), and the Event Holders mentioned above, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY THE NEGLIGENCE OF THE EVENT HOLDERS OR OTHERWISE, except that which is the result of gross negligence and/or wanton misconduct.
5. I understand and agree that this Release of Liability Agreement covers each and every paintball activity and event in which I participate hereafter.
6. I affirm and assert that I am physically capable and fit enough to participate in the Activity and I have no medical condition or needs which would prevent my participation in the Activity. I affirm that I am eighteen (18) years of age or older. I affirm that I have watched the Safety Video and have been advised that I must wear approved safety equipment while participating in the Activity and that I will not and must not consume or be under the influence of alcohol or mind-altering substances, and will not carry, use or consume these substances before or during my participation in the paintball activities.
7. I further agree that the Event Holders or its representatives have permission and authority to address and treat medical conditions and emergencies as they deem proper and appropriate, and I agree to pay any charges for such medical treatment, including related transportation, and I will indemnify the Event Holder or its representatives for the same.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND SIGNED IT FREELY AND VOLUNTARILY AND WITHOUT ANY INDUCEMENT and intend it to 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.