Please Note: You will sign this waiver at the ticket booth to gain entrance into Boston Zombie Apocalypse.
I, ___________________ (“Participant”), have applied to participate in Boston Zombie Apocalypse at Stronghold Airsoft (the “Company”). Recognizing that the Company will be relying on the information and the representations set forth below for many purposes, including to qualify the Participant for participation in the Activities, Participant represents and warrants to the Company that he/she is at least 8 years of age, is in good health and is able to understand and follow directions of the Company’s staff. PARTICIPANT AGREES THAT HE/SHE WILL FOLLOW ALL INSTRUCTIONS OF THE COMPANY’S STAFF INCLUDING BUT NOT LIMITED TO FULL COOPERATION IN ENDING THE ACTIVITIES PREMATURELY AT ANY TIME.In reliance on the representations of Participant, and Participant’s agreement to the following terms, Company and Participant do hereby freely, voluntarily and without duress execute this PARTICIPATION CONTRACT, RELEASE AND WAIVER OF LIABILITY (Contract and Release) under the following terms:
PARTICIPANT IS AWARE THAT THE ACTIVITIES ARE EXTREMELY HAZARDOUS AND THAT PARTICIPANT COULD BE SERIOUSLY INJURED OR EVEN KILLED. PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OR THE DANGERS INVOLVED, AND AGREES TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. Neither the Company, its officers, directors, employees, agents, subcontractors, contractors, promoters, advertisers, manufacturers and suppliers of the equipment used in the Activities (the “Boston Zombie Apocalypse Team”) shall have any liability FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, EXPECTATION, PROSPECTIVE, RELIANCE AND / OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER brought by Participant or any third party on behalf of or through Participant that may arise out of or relate to the Activities, and Participant shall indemnify Company from and against any and all costs, liabilities, damages and expenses whatsoever (including reasonable attorneys’ fees) resulting from or in connection with any such claim.
Participant represents and warrants that he / she i) understands the nature of the Activities and that non-harmful and appropriate contact by members of the Boston Zombie Apocalypse Team is expected and acceptable (he / she may be grabbed, touched, moved, contacted, etc.) ; ii) is qualified, in good health and in proper physical condition to participate in the Activities; iii) agrees that if he / she believes the Activities or facility are unsafe in any way, he / she will immediately discontinue participation in the Activity; iv) he / she has adequate medical or other insurance to cover and pay for any possible injury that may occur to me or any minor for whom she / he has signed this Agreement; and v) promises not to sue any of the Boston Zombie Apocalypse Team for any damages, claims or losses arising out of the Activities or Participant’s participation in the Activities. In addition, Participant, on behalf of himself/herself and on behalf of his or her assignees, heirs, distributes, guardians, next of kin, spouse and legal representatives does hereby release and forever discharge and hold harmless every member of the Boston Zombie Apocalypse Team from ALL AND ALL LIABILITY, CLAIMS AND DEMANDS OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, which arise or may hereafter arise in any way from:
[i] The Activities;
[ii] Participant’s participation in the Activities,
[iii] The acts or failures to act of any party, whether directly or indirectly connected to the Activities, and whether such claims is based on contract, tort (including negligence), statute or any other theory based on acts of any party of under any theory of liability without fault.
Participant understands and agrees that except as described in Paragraph 3 below, this Agreement releases and discharges all of the Boston Zombie Apocalypse Team from any liability or claim that Participant may have against any of the Boston Zombie Apocalypse Team with respect to any bodily injury, personal injury, illness, death, property damage, product defect, tort, breach of warranty, or contract claim that may result from the Participant’s participation in the Activities.
Notwithstanding the forgoing, Participants may assert a claim for actual direct damages arising due to the gross negligence or willful misconduct of the Company or any of its employees or representatives that are partly, directly and specifically at fault, provided no such claim and no award for such claim may exceed One Thousand Dollars ($1000) in the aggregate, nor include any claim for any costs (including attorney’s fees) or other disbursement associated with bringing such a claim.
Participant hereby consents to receive medical treatment that may be deemed advisable by emergency attendants in the event of injury, accident and/or illness during the Activity. Participant (and his or her assignees, heirs, next of kin, spouse and legal representatives) does hereby release and forever discharge all of the Boston Zombie Apocalypse Team from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment or service rendered in connection with or as the result of the Participant’s participation in the Activities.
Participant expressly agrees that this Contract and Release is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Massachusetts, and that this Contract and Release shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts.
Participant agrees that in the event that any clause or provision of this Contract and Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Contract and Release that shall continue to be enforceable.