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 understand the inherent hazards and risks associated with the recreational activity generally described as Paintball, 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 the following: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 elements, excessive heat, hypothermia, impact of the body upon the water, injection of water in my body orifices, encountering objects either natural or man-made, exposure to animals with the attendant risk of kicking, biting, shying away, running off, or otherwise moving in an unanticipated 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 or route location.5. Attack by encounter with insects, reptiles and/or animals.6. Accidents or illness occurring in remote places where there are no available 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 unanticipated 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 described above and 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 "Releases" MACSTER ENTERPRISES, LLC dba Hunt County Paintball.2. To the Releases, their landlord/lessor, their officers, directors, employees, representatives, agents, and 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 activity whether caused by active or passive negligence of the Releases or otherwise. By executing this document, I agree to hold the Releases harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activity.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 Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable.
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 IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.