Release & Indemnification AGREEMENT /
THIS IS LEGAL DOCUMENT – PRINT CLEARLY AND READ CAREFULLY
I, the undersignedacknowledge, understand and agree that as a precondition to6290346 Manitoba Ltd. (“Splatters Paintball.com”) granting me admission to Splatters Paintball facilities, and furnishing services and/or equipment to me to enable me to participate in paintball games (hereinafter the “paintball activities”) and in further consideration of Splatters Paintball allowing me to do so, that Iwill be strictly bound by the following terms and conditions to which I agree:
1. I recognize that Paintball activitiesare a strenuous game, physically and mentally, involving possible risk of injury from equipment or other participants. I realize the intent of participants at Splatters Paintball is to assault me during the paintball activities, and in order to do so, players will try to overcome any resistance I may exert, including the use of an air gun. The paintball marker (gun) is powered by CO2 or high pressure air, projecting paintballs (pellets) at up to 300 feet per second with a range of 200 feet or more.
2. I have read or have had the Splatters Paintball rules read to me, or agree to have rules read and explained to me before any play will commence, and I fully understand these rules and agree to abide by them at all times, including the complete use of all paintball safety equipment so as to not injure myself or other participants. I understand that Splatters Paintball does not warrant the condition or safety of equipment, facilities, the premises, or the availability of medical care.
3. Despite the forgoing, I acknowledge that paintball activities involve inherent risks and dangers, including, but not limited to, possible trips, falls, collisions with other participants, collisions with objects, equipment failure, contact with insects or plants and which may result in illness and injury, including but not limited to bodily injury, fractures, paralysis, eye injury, blindness, heat stroke, heart attack, allergies, death or other ailments that could cause serious disability, emotional trauma, andpsychological trauma, both to myself and other participants.
4. The risks and dangers of participating in paintball activities may be caused by the negligence of the owners, directors, officers, agents or employees of Splatters Paintball, other participants, accidents, forces of nature, or other foreseeable or unforeseeable causes. I fully understand that the paintball activities may be mentally, physically and/or emotionally challenging and that the possibility exists of injury to myself and to others. I am fully aware of the risks and dangers of participating in paintball activitiesand I accept same entirely at my own risk.
5. 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, directors, officers, agents, or employees of Splatters Paintball or by any other person. Splatters Paintball is not responsible for any personal property brought into Splatters Paintball facilities, including loss, theft or damage.
6. I, on behalf of myself, (or if under the age of eighteen, I the parent/guardian on the behalf of my child), my heirs, assigns and legal representativeshereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify the owners, directors, officers, agents and employees of Splatters Paintball from any and all liability, claims, actions or loss for bodily injury, property damage, deathor any other loss which may arise out of my participation in the paintball activities,due to any cause whatsoever. 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, breaches of contract, breaches of any statutory or other duty of care or any other conduct of the owners, directors, officers,agents, or employees of Splatters Paintball. I further acknowledge that the Agreement limits the liability of the owners, agents and employees, even though they are not formal parties to this Agreement.
7. I consent to Splatters Paintball using any media and including, but not limited to photos, images, representations, sound, and video for promotional purposes. All media taken is the sole property of Splatters Paintball. This media may be used and distributed online.
8. I accept full responsibility for the return of the replacement value of all equipment upon termination of the paintball activities, including rental markers and tanks, facility amenities (roasting sticks, volleyball, etc), as well as facility property, to the full value of replacement.
9. I acknowledge that this Agreement is intended to be as broad and inclusive as is permitted by the law of the Province of Manitoba. If any portion of this Agreement is invalid, it is agreed that the balance shall, nevertheless, continue in full legal force and effect.
I hereby certify that I am 18 years of age and I am physically and mentally able to participate in the paintball activities and I verify that I am in good health and do not suffer from any health conditions, including, but not limited to heart conditions or any other ailment or disease that could be exacerbated by participation in paintball activities.I have read this AGREEMENT carefully and I agree to its terms. I understand that this is a legal document which will be binding on me and my heirs, assigns and legal representatives.
Players Name: ______Today’s Date: ______
PRINTEDCLEARLY
Date of Birth: _____/_____/______Home/Cell Phone Number: (______)______-______I have been here before.
MM DD YYYY PRINTEDVERYCLEARLY Checkmark if applicable
Address: ______
STREET ADDRESS OR P.O. BOXIS REQUIRED CITY/TOWN PROV. POSTAL CODE
Email: ______Signature: ______
Optional – To join our Mailing List for Specials and Updates PLAYERS SIGNATURE
CONSENT AND INDEMNIFICATION OF PARENT / GUARDIAN (Required if participant is under the age of 18 years).
I, the parent /guardian of the above named participant do hereby agree both on behalf of myself and on behalf of my child, and my and my child’s heir, assigns and legal representatives, to all of the terms and conditions set forth in the above Agreement. I have read and understand the above Agreement. In consideration of permitting my child to participate in paintball activities, I agree to indemnify Splatters Paintball, its servants, owners, directors, officers, agents and employees from any claims or demands which might be made against Splatters Paintball arising out of or in consequence of the attendance or participation by the above referenced child in paintball activities.
Parent/Guardians Printed Name: ______Signature: ______
PRINTEDCLEARLY PARENTS/GUARDIANS SIGNATURE
Parent/Guardians Phone Number: : (______)______-______