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RELEASE OF LIABILITY WAIVER AND ASSUMPTION OF RISK WARNING: BY SIGNING THIS WAIVER YOU ARE WAIVING CERTAIN LEGAL RIGHTS
PLEASE READ THE DOCUMENT BELOW CAREFULLY
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19.
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The novel Coronavirus, COVID-19 has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have in many areas prohibited the congregation of groups of people
Winchester Wild West Arena & Saloon LLC, (hereinafter, the "Releases"), has put in place preventative measures to reduce the spread of COVID-19. However, the releases cannot guarantee that you and/or your child(ren) will not become infected with COVID-19. Furthermore, attending the "releases" can increase your risk and your child(ren)'s a risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I and/or my child(ren) may be exposed to, or infected by COVID-19 by attending the "releases" and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
I am familiar with the Centers for Disease Control and Prevention ("CDC") guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that according to the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates. I understand that the risk of becoming exposed to or infected by COVID-19 at the "releases" may result from the actions, omissions, or negligence of myself and others, including but not limited to "releases" employees, volunteers, and activity participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself and or my child(ren), (including but not limited to personal injury, disability, and death), illness, damage, loss, claim, liability or expense, of any kind, that I or my child(ren) may experience or incur in connection with my and/or my child(ren)'s attendance at the "releases" or participation in "releases" activities (hereinafter, the "Claims"). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless "releases", its employees, agents, and representatives of and from the "claims" including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the "releases", its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any "releases" activities.
To the best of my knowledge, I am sound mind and body and in good physical condition to participate or spectate in the events at the "releases" location. I am fully aware of the risks and hazards connected with the participation in this event including physical injury, or even death, and hereby seek to elect to voluntarily participate in said event. Knowing that the associated physical activity may be hazardous to me and my property, I voluntarily assume full responsibility for any risks or loss, property damage, or personal injury including death, that may be sustained by me or loss of damage to property owned by me as a result of participating, spectating.
GENERAL WAIVER
I desire to participate and/or be a spectator in the activity; Axe Throwing, Virtual reality Escape Rooms, and any other activity/game/event which has been organized by Winchester Wild West Arena & Saloon LLC, (hereinafter the "releases"). In consideration for being allowed to participate in the activity and/or be in the facility as a spectator, which consideration is hereby expressly accepted and acknowledged on behalf of myself, my representatives, hires, agents, administrators, trustees, executors, assigns, successors and on behalf of any party or parties who claim a right of or interest through me (hereinafter the "Releasor") I HEREBY RELEASE, ACQUIT AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION the Releases from any and all claims I may now and/or in the future may have against the releases and from any and all liability for any personal injury, illness, death and/or property damage, expense and/or loss sustained by me as a result of my participation in the activity, or spectating due to any cause whatsoever, including, but not limited to, and without limitation, negligence and gross negligence, willful misconduct including the failure to take reasonable steps to safeguard or protect me from the risk dangers and or hazards of participating in the activity and or breach of statutory or other duty, including duties arising from occupiers liability read legislation.
THE RELEASOR ACKNOWLEDGES AND ACCEPTS that the activity is inherently risky and dangerous, and there is a possibility of personal injury, death, property damage, and/or loss resulting therefrom.
THE RELEASOR ACKNOWLEDGES AND ACCEPTS that the venue and environment may pose certain health risks including but not limited to uneven pavement, dust and or dirt in the air, hay, nails, sharp features of wood, and power tools all of which can be dangerous and can result in injury, illness and or death.
THE RELEASOR ACKNOWLEDGES AND ACCEPTS that there is a voluntary assumption of risk even when not participating in the activity and no fee for service was exchanged.
THE RELEASOR ACKNOWLEDGES AND UNDERSTANDS that in order to participate in the activity, and/or be a spectator, he/she must agree to be bound by the terms of this Release of Liability, Waiver and Assumption of Risk.
THE RELEASOR AGREES that he/she will be fully responsible for all costs and expenses that may be incurred in providing any special services to him/her, outside of regular services agreed to or provided by the releases in connection with the Activity, and without limiting the generality of the foregoing, agrees to be responsible for, and to pay for any and all costs relating to special travel, medical attention, or other special outlay for him/her personally, and to reimburse the releases for all costs of these services as may be incurred by them for his/her benefit or at his/her request.
THE RELEASOR HEREBY confirms that by executing this agreement he/she is representing that he/she is of the full age of maturity and that he/she has read and understands this agreement. The releasor acknowledges that he/she is not under the influence of any substances including alcohol, illicit drugs or prescription drugs, which may affect or impair his/her motor skills, and judgment in general ability to think clearly.
IT IS AGREED AND UNDERSTOOD that the Releasor will not make any claim or take any proceedings against any other person or corporation who might claim, in any manner or forum, contribution or indemnity In common law or in equity, or under the provisions of any statute or regulation.
IT IS AGREED AND UNDERSTOOD that if the Releasor commences such action or takes such proceedings and the Releases are added to such proceedings in any manner whatsoever, whether justified in law or not, the Releasor will immediately discontinue the proceedings and/or claims, and the Releasor will be jointly and severally liable to their Releases for the legal costs incurred in any such proceeding on a substantial and indemnity basis. This Release of Liability, Waiver, and Assumption of Risk shall operate conclusively as estoppel in the event of any claim, action, and complaint or proceeding which might be brought in the future by the releasor with respect to the matters covered by the Release of Liability, Waiver and Assumption of Risk. This Release of Liability, Waiver, and Assumption of Risk may be pleaded in the event any such claim, action, complaint, or proceeding is brought, as a complete defense and reply and may be relied upon in any proceedings to dismiss the claim, action, complaint or proceedings on a summary basis and no objection will be raised by the Releasor in the subsequent action that the other parties in the subsequent action were not privy to formation of this release.
THE RELEASOR ACKNOWLEDGES that this Release of Liability, Waiver, and Assumption of Risk contains the entire agreement between the parties hereto, that the terms of this Release of Liability, Waiver, and Assumption of Risk or contractual, are not a mere recital and any breach of these terms may be enforced against the releasor and may give rise to a damage claim against the releasor enforceable by a further legal proceeding. The releasor further acknowledges that the releasees have not made any oral written or visual representations or statements that are not otherwise reflected in this agreement.
PHOTOGRAPHS, VIDEOS, AND RECORDINGS I hereby grant Winchester Wild West Arena & Saloon LLC, its managers, employees, and owners (collectively) non-revocable permission to capture in my image and likeness in photographs, videotapes, recordings, or any other media (collectively "images").
I acknowledge that Winchester Wild West Arena & Saloon LLC will own such images and further grantWinchester Wild West Arena & Saloon LLC, permission to copyright, display, publish, distribute, use, modify, print, and reprint such images in any manner whatsoever related to said business, including without limitation, publications, advertisements, brochures, website images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the image prior to its use.
By signing this waiver THE RELEASOR ACKNOWLEDGES that they have read and reviewed the safety rules and guidelines set forth by THE RELEASES posted in clear print next to the check-in desk. A copy can be provided upon request.