WAIVER AND RELEASE OF LIABILITY IN FAVOR OF SHOCK ENTERTAINMENT LTD. dba RICHMOND INDOOR PAINTBALL
ALL PLAYERS MUST COMPLETE A COPY OF THIS WAIVER
Please Read Carefully and Sign Below
NOTE: Any participant under the age of 19 years old must have his or her parent or guardian sign this Waiver and Release of Liability before that participant can participate in any Activities (defined below) or use any Equipment (defined below) made available at Richmond Indoor Paintball. Shock Entertainment Ltd. dba Richmond Indoor Paintball may rely completely on the representation made by an individual who claims to be the parent or guardian of a participant and shall not be obligated to independently verify whether or not such individual is in fact the parent or legal guardian of the participant. No person under the age of 8 years old may participate in any Activities or use any Equipment at Richmond Indoor Paintball. By signing this Waiver and Release of Liability yourself without a parent or guardian also signing, you are representing to Shock Entertainment Ltd. dba Richmond Indoor Paintball that you are at least 19 years of age and that you agree to all the following terms and conditions.
To: Shock Entertainment Ltd. dba Richmond Indoor Paintball
In consideration of $1.00 and Shock Entertainment Ltd. dba Richmond Indoor Paintball allowing the below described Participant to participate in the Activities (defined below) and/or to use the Equipment (defined below), as well as other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby agree as follows:
1. For the purposes of this Waiver and Release of Liability, `Activities` means any and all services, events and activities provided by Shock Entertainment Ltd. dba Richmond Indoor Paintball to the below described Participant including without limitation paintball games, paintball competitions or other ancillary services, events or activities of whatever nature related thereto. `Equipment` means any equipment provided by Shock Entertainment Ltd. dba Richmond Indoor Paintball to the below described Participant including without limitation markers (i.e. paintball guns), vests, clothing, suits, helmets, safety goggles, air refills, and other gear or equipment.
2. I fully understand and acknowledge that: (a) the Activities are by nature physically and mentally strenuous and that serious risks and dangers exist in the below described Participant`s use of the Equipment and participation in the Activities, including without limitation risks and dangers arising from others shooting projectiles (paintballs) toward below described Participant at extremely high speeds, from the combative, competitive and aggressive nature of the Activities, from the set up of the playing field where the Activities take place, which may consist of indoor and outdoor structures, darkly lit rooms, loud sound blasts, multiple floors, old vehicles, tires, tape as well as other materials and equipment; (b) the below described Participant's participation in the Activities and/or use of the Equipment may result in injury or illness to the below described Participant including but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, mental stress, or other ailments that could cause serious disability or death; (c) these risks and dangers may be caused by the negligence of others, accidents, breaches of contract, the forces of nature or other causes and may arise from foreseeable or unforeseeable causes; and (d) by my participation in the Activities and/or use of Equipment, I hereby assume all risks and dangers of every kind and nature which arise therefrom.
3. Notwithstanding any other agreement or understanding to the contrary, be it oral or in writing, I, on behalf of myself, my personal representatives and my heirs, hereby forever release, waive, discharge, and hold harmless
Shock Entertainment Ltd. dba Richmond Indoor Paintball, as well as its directors, shareholders, managers, employees, agents, officers, and representatives from any and all claims, liabilities, demands, expenses, suits, actions, losses or causes of action, whether on the basis of law, equity, tort law, contract law, or otherwise, for personal injury, sickness, or death, as well as property damage and expenses of any nature whatsoever which may be incurred by the below described Participant while participating in any of the Activities or using any of the Equipment. I shall also hold harmless and fully indemnify Shock Entertainment Ltd. dba Richmond Indoor Paintball as well as its directors, shareholders, managers, employees, agents, officers, and representatives thereof from any liability sustained by them as the result of the negligent, wilful or intentional acts of said participant, including damages and costs incurred attendant thereto.
4. I certify that I am the below described participant, or the parent or guardian of the below described participant (as the case may be), and that the below described participant is in good health both mentally and physically, does not have a heart condition, ailment or condition which could be worsened as a result of participating in or observing the Activities or using the Equipment, and that it is my responsibility to consult with a physician before participating in or observing the Activities or using the Equipment.
5. I agree to follow all the rules and regulations of Shock Entertainment Ltd. dba Richmond Indoor Paintball, including without limitation any rules posted in or around the playing area as well as the following: (a) I shall never remove my face mask while on the playing field or in any other area where I might be struck by a paintball; (b) I confirm that am not carrying and shall not carry any outside weapons, dangerous substances or devices into the designed playing area; (c) I shall only use the Equipment supplied by Shock Entertainment Ltd. dba Richmond Indoor Paintball when participating in the Activities; (d) I shall not aim the Equipment or use it as a means of intimidation or in a joking manner outside of the designated playing area; (e) I shall never place the barrel of the gun into dirt, electrical equipment, or into the mouth, eye or ear of any person; (f) I shall not intentionally destroy or damage the Equipment and shall return the Equipment promptly when the allotted time for using the Equipment has expired, otherwise I shall be fully responsible for the safe return, repair or replacement of the following Equipment upon termination of the Activities: jackets - $60.00, marker - $325.00, goggles and helmet - $75.00; (g) At the expiry or termination of the Activities, whichever is earlier, I shall return all Equipment provided to me by Shock Entertainment Ltd. dba Richmond Indoor Paintball.; and (h) Shock Entertainment Ltd. dba Richmond Indoor Paintball may terminate, postpone or cancel any Activities at any time in its discretion due to concerns about the safety of any participant in the Activities. This includes any use of drugs or alcohol.
6. I agree that this Waiver and Release of Liability is intended to be as broad and inclusive as is permitted by the law of the Province of British Columbia and that if any portion thereof is held invalid, I agree that the balance shall, nevertheless, continue in full legal force and effect.
7. I agree that this Waiver and Release of Liability shall apply to each and every time I visit Richmond Indoor Paintball and take part in any of the Activities from the date that I sign this Waiver and Release of Liability until five years thereafter. By signing this Waiver and Release of Liability today, I agree that each and every time I visit Richmond Indoor Paintball in the next five years I shall be deemed to have agreed to the terms and conditions of this Waiver and Release of Liability, regardless of whether or not I personally sign another Waiver and Release of Liability during any of my subsequent visits to Richmond Indoor Paintball in the next five years.
8. I have read and understand this Waiver and Release of Liability in its entirety and that I have executed same of my own free will without being subject to any duress whatsoever. I also acknowledge that I have the right to withdraw from participation in the Activities or use of the Equipment at any time.
9. I authorize Shock Entertainment Ltd to use any images of myself, including video footage and photos from group gatherings and games for in-house and/or promotional purposes at any time. All usage will be of a positive nature. Individuals' personal information will be kept strictly confidential.
10. I am aware of my right to independent legal advice with respect to this Waiver and Release of Liability and acknowledge that I have been encouraged to obtain such independent legal advice prior signing this Waiver and Release of Liability.
11. This Waiver and Release of Liability will be governed by and interpreted in accordance with the laws of British Columbia.
BY SIGNING BELOW I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THE ABOVE WAIVER AND RELEASE OF LIABILITY.
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Third Minor's Information
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