In consideration of my participating in paintball activity ("Activity") operated by B.K.W. Farms, Inc. in Marana, Arizona, I represent that: (1) I understand the nature of the Activity, (2) I am qualified to participate in the Activity, and am in good health, and (3) I am in proper physical condition to participate in the Activity. I further agree that if I believe event conditions are unsafe, I will immediately discontinue participating in the Activity. I fully understand that: (1) the Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, that may be caused by (a) the actions or inactions of myself or others participating in theActivity, (b) the conditions in which the Activity takes place, or (c) the active or passive negligence of any of the Releasees named below; and (2) there may be other risks either not known to me or not readily foreseeable at this time. I fully accept and assume all such risks and all responsibility for losses, costs, and damages I may incur as a result of my participation in the Activity. On behalf of myself, my heirs, successors, assigns, executors and subrogees, I hereby waive, release, discharge, and covenant not to sue any of the following persons (each a "Releasee"): B.K.W. Farms, Inc. (a.k.a. BKW Paintball), its administrators, directors, agents, officers, volunteers, shareholders, and employees, other Activity participants, any sponsors, advertisers, and, if applicable, owners, lessees, and lessors of premises on which the Activity takes place, from each of the following (each a "Claim"): all liabilities, claims, demands, losses, or damages on my account caused or alleged to be caused, in whole or in part, by any of the "Releasees," whether by active or passive negligence or otherwise, including actively or passively negligent rescue operations. I further agree that if, despite this Agreement, I or anyone on my behalf seeks to recover for a Claim from any of the Releasees, I will indemnify and hold harmless each Releasee from any and all expenses, attorney fees, loss, liability, damage or cost any Releasee may incur as the result of each such Claim.
I acknowledge that I am aware of the following matters: (a) the health risks of becoming infected with the COVID-19 virus through contact with persons who may or may not have symptoms of illness, and (b) except for the COVID-19 rules posted on its website www.tucsonpaintball.com/covid-19-update/, B.K.W. Farms, Inc., will take no other measures to minimize such health risks, including taking the temperature of persons who participate in the Activities and enforcing social distancing.
I have read this Agreement, and I understand that, by signing it, I am giving up substantial rights, and am agreeing to indemnify Releasees
. I sign it freely and without any inducement or assurance of any nature, intending it be a complete and unconditional release of all liability to the greatest extent allowed by law. I further agree that if any portion of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.