Wild Rose Action Center(s)
RELEASE OF LIABILITY, INDEMNITY AND ASSUMPTION OF RISK READ BEFORE SIGNING
IN CONSIDERATION of being permitted to participate in any Paintball activities including, but not limited to, playing, using the premises of, renting and operating equipment leased, sanctioned and/or operated by the above named vendor, I acknowledge and agree that:
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT (“AGREEMENT”) IN CONSIDERATION of being permitted to participate in any way in Wild Rose Action Center and its subsidiaries including but not limited to Wild Rose Paintball (WRP), Splat Attack Battle Arena (SABA), or Bad Bear Laser Tag (BBLT) activities (“Activities”) (to be mentioned here on out as Wild Rose) I, for myself, for personal representatives, assigns, heirs, and next of kin: ACKNOWLEDGE, agree, and represent that I understand the nature of WRP, SABA, and BBLT activities and that I am qualified, in good health, and in proper physical condition to participate in such Activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
I fully understand and acknowledge that; (a) Participating in any or all activities by Wild Rose and it's subsidiaries is your unconditional release of liability regardless of this release signed or not. You are agreesing that you have read and understand everthing is this waiver and hold Wild Rose under no liability whatsoever at any point in time. (b) risks and dangers exist in my use of any or all equipment and my participation in any or all activities/locations; (c) my participation in such activities and/or use of such equipment/ facility 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; (d) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Wild Rose; 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 (e) 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, agents, officers, employees of Wild Rose, or by any other person.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Wild Rose and it’s owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage (including, but not limited to, arising out of the actual or alleged transmission of a communicable disease), wrongful death, loss of services or otherwise which may arise out of my use of Paintball equipment or my participation in Paintball 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 or employees of Wild Rose. I wll also listen to and or read the rules and safety information and follow the instructions of any Wild Rose Employee or facility signage. This waiver is good through the end of the current calendar year in which it was signed and dated.
I FULLY UNDERSTAND THAT: (a) Wild Rose ACTIVITIES, LOCATIONS, EQUIPMENT INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Wild Rose Paintball, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activity takes place, (each considered one of the “RELEASES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE 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.
I GIVE PERMISSION FOR IMAGES AND VIDEO OF ME TO BE USED IN SOCIAL MEDIA AND ADVERTISING
MINOR RELEASE: IF PARTICIPANT IS A MINOR, I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF WILD ROSE ACTIVITIES, LOCATIONS, & EQUIPMENT AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNITY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM. I GIVE PERMISSION FOR IMAGES AND VIDEO OF THE MINOR TO BE USED IN SOCIAL MEDIA AND ADVERTISING.
Wild Rose reserves the right to refuse service to anyone, and to use its sole discretion to modify the game and participation, if, in the judgment of Wild Rose personnel, such modification is necessary to protect the safety of all participants.
MEDICAL PERMISSION AUTHORIZATION If the participant is of minority age, the undersigned parent or guardian hereby gives permission for Wild Rose to authorize emergency medical treatment as may be deemed necessary for the child named below including but not limited to: while participating in any or all activities, at any or all locations, or with any or all equipment.
If I have any physical limitations which require special accomodation, I will contact Wild Rose at least 72 hours in advance of my arrival.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND AGREE THAT MY PARTICIPATION IN ANY OR ALL ACTIVITIES, LOCATIONS, OR USE OF EQUIPMENT, IS AKNOWLEDGEMENT AND AGREEMENT OF THIS RELEASE FOR MY UNCODITIONAL RELEASE OF LIABILITY BY SIGNING IT OR NOT I AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE WILD ROSE AND ALL OF ITS SUBSIDIARIES LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. BY NOT SIGNING IT OR SIGNING UNDER A FALSE NAME I AGREE THAT I HAVE BEEN ON OR USED WILD ROSE PROPERTY WITHOUT PERMISSION AND SAFETY PROTOCOLS. RESULTING IN ME BIENG AT FAULT AND I ASSUME RESPONSIBILITY FOR ANY AND ALL DAMAGES OR LIABILITY I CAUSE INCLUDING BUT NOT LIMITED TO PARTICIPATION IN ANY AND ALL ACTIVITIES, LOCATIONS, OR USE OF EQUIPMENT. I HAVE READ THE ABOVE WAIVER AND RELEASE AND AGREE THAT MY PARTICIPATION IN ANY OR ALL ACTIVITIES, LOCATIONS, OR USE OF EQUIPMENT, IS AKNOWLEDGEMENT AND AGREEMENT OF THIS RELEASE FOR MY UNCODITIONAL RELEASE OF LIABILITY. I AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE WILD ROSE AND ALL OF ITS SUBSIDIARIES LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
This waiver is valid through the end of the current calendar year and must be signed new every year.