THIS IS A LIABILITY - PLEASE READ BEFORE SIGNING. THIS FORM MUST BE READ AND SIGNED BEFORE THE PARTICIPANT IS ALLOWED TO TAKE PART IN ANY Gellyball RELATED ACTIVITY AND/OR FOR NON-PARTICIPANTS WISHING TO ENTER INTO AREAS DESIGNATED FOR GELLYBALL AND USE.
IN CONSIDERATION of being permitted to participate in any way in the sport and activities of Gellyball OR to enter into an area designated for Gellyball use at Pyro Party Heroes Gellyball, I acknowledge, appreciate and agree that:
1. The risk of injury from the activity and equipment involved in Gellyball is significant, including the potential for permanent disability and death, and while particular protective equipment and personal discipline will minimize this risk, the risk of serious injury does exist;
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE of those persons released from liability below, and assume full responsibility for my participation;
3. I understand that the activities of Gellyball are physically, emotionally and mentally intense. I understand the rules of play and will comply with all rules and regulations. If I observe any unusual or unnecessary hazard during my participation, I will bring such to the attention of the nearest official as soon as practical.
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS FROM LIABILITY Pyro Party Heroes, the owners and lessors of premises used to conduct the Gellyball activities, their officers, officials, agents and/or employees (“Release”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH or loss of damage to person or property, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASEES OR OTHERWISE, except that which is the result of gross negligence and /or wanton misconduct.
5. I understand and agree that this Release of Liability Agreement covers each and every Gellyball activity (to include Gellyball shooting gallery) and event in which I participate hereafter.
6. I acknowledge that during the course of using the overall services, my photograph may be taken by the Releasees or an agent or designee of the Releasees. I knowingly understand and give consent to any photograph or filmed image taken of me participating in any activity within Pyro Party Heroes events and said photographs or film shall become the property of the Releasees or any of its designees. The Participant hereby grants the Releasee and/or its agent or designee permission to use any such photographs or films of him/her for use in materials promoting the Releasees. Such use may include publication in the local newspaper, website, brochures, general advertising and other vehicles that may be distributed to or otherwise seen by large numbers of individuals and potential patrons of the Releasees.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT TIME OF REGISTRATION) This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree not only to his/her release of the Gellyball participation and all other Releasees but also to release and indemnify the Releasees from any and all liabilities to his/her involvement in these programs for myself, my heirs, assigns and next of kin.
By signing below, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead which is available at our location. By siging, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.