FAF Airsoft Field Waiver

Fox Airsoft LLC Waiver and Release

In consideration of Fox Airsoft, LLC (the “Company”) permitting the below-named User to access and use the below named Fox Airsoft, LLC game fields and training facilities, and those of its affiliates, licensors, agents, successors, and assigns (the “Facilities”), the User, or User's parent, legal representative, or guardian, hereby acknowledges and agrees to the following terms and conditions: 

Flat Acres Farm Field

11321 Dransfeldt Rd.       

Parker, CO 80134

1. Assumption of All Risks: User, or User's parent, legal representative, or guardian, understands and acknowledges that the use of the Facilities may present certain significant risks or dangers, including but not limited to physical health risks to User relating to improper or inappropriate use or overuse of equipment; equipment malfunctions; excessive physical activity or exertion; and accidental injury. User, or User's parent, legal representative, or guardian, understands that supervision of his or her use of the Facilities by the Company or by any third party is not required, and the Company does not guarantee or assume any responsibility for the safety of User’s person or property while User is using or present in the Facilities.  USER’S USE OF AND/OR PRESENCE IN THE FACILITIES IS AT USER’S OWN RISK. USER, OR USER'S PARENT, LEGAL REPRESENTATIVE, OR GUARDIAN HEREBY ASSUMES FULL RESPONSIBILITY FOR ALL RISKS OF BODILY INJURY, DEATH, OR PROPERTY LOSS OR DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF USER, OTHER USERS, TRAINERS, RELEASEES, OR OTHERWISE, INCURRED WHILE USER IS IN THE FACILITIES OR RESULTING DIRECTLY OR INDIRECTLY FROM USER’S USE OF OR PRESENCE IN THE FACILITIES.
2. Waiver and Release of All Claims: In consideration of being permitted to access and use the Facilities, User, or User's parent, legal representative, or guardian, for himself or herself, and for his or her heirs, successors, assigns, legal representatives, guardians, and agents, to the fullest extent allowed by law, expressly intends to release and waive, and by execution of this Waiver and Release does hereby release and forever discharge the Company and its respective affiliates, predecessors, successors, assigns, subsidiaries, officers, directors, employees, agents, attorneys, insurers, and representatives (individually and collectively, the “Releasees”), without reservation, from and against any and all liability, claims, demands, actions or causes of action which User may now have, ever had, hereafter have or claim to have against all or any of the Releasees, known or unknown, in any way related to User’s access to, presence in and/or use of the Facilities, and User, or User's parent, legal representative, or guardian, further waives all rights he or she may now have, ever had, hereafter have or claim to have in the same.
3. Indemnification: User, or  User's parent, legal representative, or guardian, hereby agrees to fully indemnify Releasees and each of them from and against any and all losses, claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) (collectively “Claim” or “Claims”), incurred by the Releasees or any of them due to User’s use of and/or presence in the Facilities, whether the same is caused by the negligence of the Releasees or otherwise, and regardless of whether or not suit is filed in connection therewith.
4. Use of Facilities: User, and User's parent, legal representative, or guardian, hereby agrees to read and comply with any rules, regulations, and restrictions which Company, and its affiliates, licensors, agents, successors, and assigns, may from time to time establish or post at the Facilities with respect to the permitted use of the Facilities, including but not limited to safety regulations, rules promulgating mandatory use of safety equipment, and the like. User shall not use the Facilities against the instructions of User's personal physician or health care provider. User's compliance with all or any of the Company's rules, regulations, and restrictions regarding the use of the facility shall not in any way affect the enforceability of this Waiver and Release. 
5. Miscellaneous: This Waiver and Release shall be governed by the laws of the State of Colorado without regard to conflict of laws principles, and venue for any proceeding relating to the provisions hereof shall be brought in the District Court in and for Douglas County, State of Colorado.  Should any action, dispute or claim arise out of this Waiver and Release, the prevailing party shall be entitled to recover all of the attorneys’ fees and costs associated with the enforcement or interpretation of this Waiver and Release. This Waiver and Release constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof, and supersedes any and all prior and contemporaneous understandings, agreements, commitments, and representations, whether oral or written.  No force or effect shall be accorded any prior written or oral representations, promises, agreements, or understandings which are not contained in this Waiver and Release.  If any portion of this Waiver and Release shall be held by a court of proper jurisdiction to be indefinite, invalid or otherwise unenforceable, the entire Waiver and Release shall not fail on account thereof, but the balance of the Waiver and Release shall continue in full force and effect.

USER, OR USER'S PARENT, LEGAL REPRESENTATIVE, OR GUARDIAN HAS CAREFULLY READ THE FOREGOING WAIVER AND RELEASE, UNDERSTANDS ITS CONTENTS, AND SIGNS THIS WAIVER AND RELEASE VOLUNTARILY.  USER, OR USER'S PARENT, LEGAL REPRESENTATIVE, OR GUARDIAN, UNDERSTANDS AND AGREES THAT THIS WAIVER AND RELEASE IS A BINDING LEGAL CONTRACT, AND THAT BY SIGNING THIS CONTRACT USER, OR USER'S PARENT, LEGAL REPRESENTATIVE, OR GUARDIAN, WAIVES CERTAIN LEGAL RIGHTS USER MAY OTHERWISE HAVE AGAINST RELEASEES. USER, OR USER'S PARENT, LEGAL REPRESENTATIVE, OR GUARDIAN, HAS HAD THE OPPORTUNITY TO CONSULT LEGAL COUNSEL PRIOR TO SIGNING THIS WAIVER AND RELEASE.

User: ______________________________ ______________________________     ________________

(Please Print Name) (Signature) (Date)

Name of Minor:  _________________________________ Age of Minor:   ____________

Name of Parent/Guardian: __________________________ Date:  ____________

Signature of Parent/Guardian:_______________________

(must sign for any User under 18)

In the event of an emergency, please contact: 

Name:  ________________________________ Relationship: _____________________________

Home Phone:  __________________________ Cell:  ___________________________________

 

FLAT ACRES FARM WAIVER / RELEASE OF LIABILITY

In consideration of being allowed to participate in any way in the FLAT ACRES FARM, related events and activities (collectively, the "Event'), the undersigned Customer, for yourself or for your minor child, personal representatives, heirs, and next of kin:

1.  Acknowledges, appreciates, and agrees that the risk of injury from the activities involved in the Event is significant, including the potential for injury, permanent paralysis and death; and
2. KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume all full responsibility for Customer’s participation; and
3. Willingly agrees to comply with the stated and customary terms and conditions for participation. If however Customer observes any unusual significant hazard during Customer’s presence or participation, Customer will remove themselves from participation and bring such to the attention of the nearest Event official immediately; and
4. Hereby irrevocably grants to FLAT ACRES FARM and its respective affiliates, subsidiaries, parent entities, licensees, successors and assigns, and those acting with its permission or upon its authority (all of whom are referred to below as "licensed parties") the absolute, perpetual, and unrestricted right and permission to record, copy, reproduce, adapt, edit, summarize, copyright, photograph, film, license, vend, rent, distribute, televise, publish, exhibit, disseminate, perform and otherwise exploit in any and all markets and media (collectively 'use") Customer’s appearance, name, likeness, voice, documents, participation in the Event, other property, views, performance, efforts, trademark or trade name, biography, artistry, recorded image and voice as well as all other documents and artifacts provided to FLAT ACRES FARM by Customer (collectively the "materials').  This grant of rights is made without limitation upon time, circumstances, location, market or medium of use and without any right to inspect or approve the materials or the uses to which any of the materials may be put and without any payment due to Customer; and
5. Agrees that all audio and/or video recordings of the materials or any of them as well as all descriptions or summaries of Customer’s personal history and/or views that are made and used by any licensed party will be solely owned by FLAT ACRES FARM and that FLAT ACRES FARM may copyright its name and for its sole benefit any such audio or video recording of the Event containing the materials or any of them; and
6. Acknowledges, appreciates, and agrees that they have read this form and understand that by signing this form, Customer is giving up legal rights and remedies on behalf of themselves and their family, estate, heirs, and/or assigns; and
7. HEREBY INDEMNIFIES, RELEASES AND HOLDS HARMLESS the DENVER POPE FAMILY LIMITED PARTNERSHIP and FLAT ACRES FARM, its affiliates, subsidiaries and parent entities, and their officers, managers, officials, agents, employees, directors, shareholders, members, partners, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event ("Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE; and
8. HAS READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT and authorizes on Customer’s behalf any of the Releases to obtain any medical care or treatment deemed necessary; and
9. Warrants and represents that Customer: (i) is the owner of all rights granted hereunder or has been duly authorized by the owner of such rights to grant same; and (ii) is at least eighteen (18) years of age or is the legal parent or guardian of the minor child listed below and is executing this WAIVER/RELEASE OF LIABILITY/REFUND POLICY/BAD WEATHER POLICY on behalf of such minor child.  In the event that the Undersigned is a legal parent or guardian of a minor child who turns the age of 18 during the Event, the acknowledgement and agreement of such child is also required.

REFUND POLICY/BAD WEATHER POLICY.  There will be no refunds granted for any reason this includes, but is not limited to inclement weather.  In case of inclement weather, the Event Director reserves the right to reduce the event times and/or cancel the Event.  Every effort will be made to complete the Event.

I, the undersigned, Customer, voluntarily make and grant this Waiver of Liability and Assumption of Risk in favor of FLAT ACRES FARM as partial consideration (in addition to monies paid to FLAT ACRES FARM) for the opportunity to use the facilities, equipment, materials and/or other assets of FLAT ACRES FARM; and/or to receive assistance, training, guidance and/or instruction from the personnel of FLAT ACRES FARM; and/or to engage in the activities, events, sports, festivities and/or gatherings sponsored by FLAT ACRES FARM.

Customer Full Name (Printed): _______________________ Customer Signature: __________________________________ Customer Date of Birth___/___/_____ If Customer is under 18 Parent’s Signature required: __________________________  Date signed: _____________________

Customer Street Address: _______________________________________________________________________________ Customer City:  _____________________________________  State: ____________ Zip Code:  __________-__________