BALLAHACK AIRSOFT LLC
RELEASE AND WAIVER AGREEMENT
BALLAHACK AIRSOFT LLC (“Ballahack Airsoft” or the “Company”) is the owner/operator/sponsor of an activity, Airsoft games and activities (the "Activity") and is willing to permit the individuals (the "Invitees") signing this Release and Waiver Agreement (“Waiver”) to participate in the Activity, upon the terms and conditions of this Waiver. All or some of the Activity may take place on the Company's premises or property (the "Premises") located at 2900 Ballahack Road, Chesapeake, Virginia. The Company and Invitees may be collectively referred to as (the "Parties"). In consideration for being provided the ability to participate in the Activity and enter the Premises, each person signing below hereby stipulates and agrees:
1.01. Use of Premises for Activity Only. I understand and agree that I may only use the Premises for the Activity set forth in this Waiver agreement at the following date(s) and time permitted by the Company. I further agree that I am responsible for the proper use and care of the Premises and any of Company's property thereon, and that I will be liable for the replacement cost of any Company property which is damaged, destroyed or lost.
1.02. General Assumption of Risk. I understand and acknowledge that the Activity that I am choosing to participate in is dangerous and may involve the risk that I will sustain injury, serious injury, temporary or permanent disability, death, and/or property damage. The Activity involves the use of pressured weapons that disburse projectiles known as BBs. If a BB strikes a person in any area including but not limited to the eyes, ears, nose, or any area and/or vital area of the body, temporary or permanent muscle soreness, sprains, strains, cuts, abrasions, bruises, ligament and/or cartilage damages, head or neck or spinal injuries, loss of use of arms and/or legs, disfigurement, or in some circumstances death, may occur. Furthermore, I understand and acknowledge that the Activity involves the interacting with certain manmade and natural obstacles in the game field as well as traversing rough and hazardous terrain with wildlife. I represent that I understand the nature of this Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. Despite this representation, I understand that my participation in such an Activity and/or use of such equipment may result in my injury, or illness including but not limited to bodily injury, disease, sprains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death, or other ailments that could cause serious disability. I, further, understand that the Activity may not be supervised at all times and that the Company does not provide medical services. I further acknowledge that any injury I may sustain while participating in the Activity may be compounded by negligent or delayed medical service or negligent or delayed assistance by the Company. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF THE PREMISES AND PARTICIPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY.
1.03. Assumption of Risk for the Premises. I understand that conducting the Activities on the Premises may be hazardous and that I may be exposed to inherent dangers and hazards, including but not limited to some of the following: water or river currents, lightning, hypothermia, hostile or aggressive wildlife, venomous or disease-carrying animals or insects, communicable diseases, exposure to allergens which could cause life-threatening reactions, drowning, death, falls, fractures, concussions, dangerous or unanticipated weather, overexertion, overheating, injuries from my lack of fitness or conditioning, equipment failures, or my failure to wear a personal flotation device or use other protective gear, and negligence of others. I am aware that there are numerous bodies of water on the Premises that are over 10 FT. DEEP in most locations. USE EXTREME CAUTION!
1.04. Following of Company Rules and Safety Regulations and Assumption of Risk. I expressely agree to follow Ballahack Airsoft's field rules, and if a player is reported or seen not following field regulations, corrective action can be taken up to and including revoking the privilege of filming at Ballahack Airsoft, or permanent ban from the Premises. Furthermore, I have read and agree to abide by the posted Safety Rules and rules of engagement as well as any direct commands from employees of the Company. Rules are posted in the staging area and can also be found at https://ballahackairsoft.com/pages/ruleset. I understand that the Company has instituted these rules for the safety of my participation in the Activity. It is my responsibility to obey all rules and use all safety equipment required by the Company on the Premises. While safety equipment is used to minimize the risk of injury, serious injury, and/or death, its proper use DOES NOT guarantee that such an injury will not occur. As a result, I understand and acknowledge that the failure to wear protective equipment and follow the Field Rules and/or Safety Rules is dangerous and may result in injury including but not limited to damage to the eyes, ears, nose, or any vital or other area of the body, temporary or permanent muscle soreness, sprains, strains, cuts, abrasions, bruises, ligament and/or cartilage damages, head or neck or spinal injuries, loss of use of arms and/or legs, disfigurement, or in some circumstances death.
1.05. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Company and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises and participation in the Activity, whether caused by the negligence of the Company or any of the Released Parties or by any other reason. I acknowledge and agree that this Waiver for a Potentially Dangerous Activity is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or any form of personal or other property damage sustained by me while on or using the Premises or participating in the Activity.
1.06. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises or while participating in the Activity.
1.07. Indemnity/Responsibility for Personal Property. I hereby agree to defend, indemnify and hold harmless Company and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys' fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Premises or participation in any Activities on the Premises.
1.08. Medical Treatment Release. I hereby authorize the Company to secure, and I consent to, any medical treatment that may be given to me should the Company determine, in its sole discretion, that I need medical care, as a result of my being on the Premises or from participating in the Activity. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release all parties involved from any type of liability for anything that may happen during my treatment or transport.
1.09. No Representations by Company. I acknowledge that Company makes no representation as to the condition of the Premises or the safety of the Activity or any equipment either on the Premises or used in the Activity. I accept and shall use the Premises, and its equipment, in its "AS IS" condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company's employees, agents, sponsors, or representatives regarding this agreement or the Premises or Activity, except to the extent such representations are expressly set forth in this agreement.
1.10. Governing Law; Severability; Waiver. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Chesapeake, VA. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
1.11. Compliance with Law; Entire Agreement. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS OF MINE, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.
MINOR CHILD ATTESTATION BY PARENT AND/OR GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. I, as the participating minor’s (the “Minor”) parent and/or guardian, understand the nature of the above referenced activities and the Minor’s experience and capabilities and believe the Minor to be qualified to participate in such activity. As provided in this Waiver, I hereby release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE HOLD HARMLESS each of the Released Parties from all liability, claims, demands, losses, or damages on the Minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Released Parties or otherwise, including negligent rescue operations, 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 above Released Parties, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releases from any litigation expenses, attorney fees, loss liability, damage, or cost any Released Parties may occur as a result of any such claim as provided by Waiver. I further understand and acknowledge all of the above risks contained in the Waiver and freely assume all of those potential risks on behalf of the Minor as his/her parent and/or guardian. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU EXPRESSLY UNDERSTAND THAT THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY.
MEDIA RELEASE AGREEMENT
The Company reserves all photographic and motion picture footage rights. By participation in Airsoft play, I consent that my image may be captured in photographs and/or motion picture footage and utilized exclusively by BALLAHACK AIRSOFT LLC, with no compensation for its usage. I acknowledge that I may not capture any photographs and/or video media for my own usage without the expressed permission from BALLAHACK AIRSOFT LLC.