Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement
In consideration of participating in the sport of airsoft, basketball, soccer, BMX or Skateboarding courses ( herein referred to as “Sports”) and special events, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Power Tac Enterprises LLC (dba Power Waukegan) and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and/or my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
1) I acknowledge that the Sports involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include but are not limited to, blindness, bruises or other injuries caused by falls or collisions with objects, other participants, or uneven surfaces; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essentials qualities of the activity.
2) I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releases. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation at my own will or direct my minor children to do so.
3) I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Power Tac Enterprises from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Power Tac Enterprises LLC or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4) I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. This includes costs of ambulance fees.
5) I understand that I am fully liable and financially responsible for equipment issued/rented to me. I also understand that I am financially responsible to Power Waukegan for the (loss/damage) of any such issued/rented equipment or damage to structures or property, and may be prosecuted under Wisconsin law if necessary. I understand that Power Paintball is not responsible for lost, stolen, or damaged personal equipment or property.
6) In the event that I file a lawsuit, I agree to do so solely in the state of Illinois, and I further agree that the substantive law of the state shall apply.
7) I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
8) I agree that Power Tac Enterprises may use my name and likeness in any form for promotional purposes without compensation.
By Signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. I am the authorized guardian of the said minor. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.
- Participants forever waive any cause of action against PW and its affiliates, owners, agents, employees, and any other person or company in any way associated with it for any damages which might arise from any failure of equipment that is used in this activity.
- In the event a third party or parties is injured in any occurence in which the undersigned participates the undersigned shall forever indemnify, defend and hold harmless PW, its affiliates, its owners, agents, and employees, from ALL costs and expenses which arise from claims by such injured parties.
- Participant authorizes any medical treatment deemed necessary in the event of any injury while participating in skate park activities. It is the responsibility of participant to carry full and complete insurance coverage for personal bodily injury and personal property damage to participant and any other individuals who may be injured resulting from skate park activities (or, in its absence, agree to pay all costs of rescue and/or medical services that may be incurred on behalf of the participant).
- Participants understand and accept that skateboarding, in-line skating, roller skating, scootering and biking, in their various forms, are hazardous sports and have many dangers and risks, which include serious bodily injury or death. Participant hereby agrees to freely and expressly assume and accept any and all risks of injury.
- Participants agree to skate/ride within his/her own abilities and be aware of others around them. No inverted maneuvers are allowed at any time. Participant represents that he/she is physically fit and adequately trained to safely participate in this physically demanding activity, and that he/she does not suffer from any injury, defect, ailment, illness or the like which could conceivably lead to injury or death from participation in this activity. (Please initial)
- The participants Assumption of Risk and Release of Liability Agreement is on behalf of the user of the park, and his or her spouse, personal representatives, assigns, heirs, next to kin, family, relatives, executors, trustees, conservators, administrators, agents and guardians.
- Participants agree to give up their right to a trial by a court or a jury. Any dispute or claim between participant and PW, including those arising out of or related to this Agreement, the interpretation of this Agreement, or any damages, shall be settled by binding arbitration in accordance with the Rules of the American Arbitration Association. The arbitrator’s award shall be final and binding upon the parties, and judgment upon the award may be entered by any court of competent jurisdiction. The place of arbitration shall be the county or jurisdiction where the park is located.
- By tendering this application, participants agree to abide by all Rules and Regulations provided below now in effect or later modified, recognizing that any violation may subject him/her to expulsion from PW.