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 do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the recreational activity generally described as but not limited to: PAINTBALL, AIRSOFT, KNOCKERBALL, NERF or LASERTAG, including the rental of equipment and transportation 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 the potential for permanent disability and death.
2. Possible equipment failure and/or malfunction of my own or other’s equipment.
3. This activity takes place outdoors and therefore includes risks associated with exposure to the elements, excessive heat, hypothermia, impact of the body on water, injection of water into my body orifices, encountering objects either natural or man-made, exposure to animals with the attendant risks of kicking, biting, shying away, running off or otherwise moving in an unexpected manner causing injury and/or death.
4. My own negligence and/or the negligence of others, including, but not limited to operator error and guide decision making including misjudging terrain, rapids, weather, trails and 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 medical facilities.
7. Fatigue, 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 anticipated 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 activity(ies) described above and the related activities, I hereby agree, acknowledge and appreciate that:
1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as leasees. OUTDOOR XTREME, LLC 2941 OLD TELEGRAPH RD., CHESAPEAKE CITY, MD 21915 and Lawrence R. Carver, Jr., Nancy M. Carver, Kristy Barno, and Brian Barno.
2. To release the leasees; their officers, directors, employees, representatives, agents, landlords, 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 releases or otherwise. By executing this document, I agree to hold harmless and indemnify there in conjunction with any injury, disability, death, 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 releases, 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 term shall be enforced. This waiver is valid for multiple visits and is valid throughout the calendar year it was signed.
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, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
For Participants of Minority Age, this is to clarify 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 leasees, but also to release and indemnify the leasees from any and all liabilities to his/her involvement in these programs for myself, my heirs, assigns, and next of kin.