ACKNOWLEDGEMENT OF RISK, RELEASE & INDEMNITY AGREEMENT (“AGREEMENT”)
The “Guest” listed herein below wishes to engage in or observe certain activities including, without limitation, those involving airsoft and/or paintball guns (the “Activities”) conducted at real property owned by Arnie's Army located in Jefferson County, Tennessee off Hwy 139”). This Agreement shall remain in effect in perpetuity from the date of Guest’s signature until the end of time and shall be controlling on and apply to any visit(s) made by Guest to the Property, including those that predate this Agreement. “Guest” shall include any third party claiming by and through Guest, including, without limitation, any parent, guardian, conservator, representative, estate, heir, beneficiary, administrator, trustee, executor or agent of Guest. “Owner” as defined herein, shall include any and all members and officers of Owner, and their respective estates, heirs, beneficiaries, representatives, successors and assigns, along with Owner’s agents, employees, contractors, attorneys, successors and assigns, as well as Owner’s agents, contractors, invitees, licensees and tenants, including Arnie's Army Airsoft and its employees, agents, contractors and members, as well as its officers, and each of the foregoing parties’ respective estates, heirs, beneficiaries, representatives, principals, directors, successors and assigns.
Guest hereby acknowledges and agrees that the Activities are inherently dangerous and involve known, unknown and unknowable risks which could result in physical or emotional injury to persons, including death of myself and/or of other persons, and/or damage to or destruction of personal property. Guest agrees at all times to abide by any rules and regulations of Owner while engaged in the Activities and/or while on the Property, including specifically those relating to the wearing of protective gear (including face/eye protection) and keeping airsoft/paintball guns unloaded until authorized to make ready. To the extent any of the Activities involve traversing the Property and/or operating or riding in vehicles, including tractors, mowers or recreational vehicles (such as ATVs, side by sides, go carts, mountain bikes or the like), or horses thereupon, the inherent danger includes damage to or destruction of person and/or personal property resulting from natural or manmade objects located upon the Property, including holes in the ground, barbed wire fencing, trees, rocks and dangerous animals, including poisonous snakes. Guest hereby acknowledges that such risks cannot be eliminated without compromising the essential qualities of the Activities and hereby releases Owner from and assumes full responsibility and liability for any and all injury or damage to or destruction of person(s) (including death) and/or personal property which may arise out of or relate to any dangerous conditions which exist upon the Property, including those which are visible and those which are invisible, and those that are known, unknown and unknowable to Owner, Guest or any other third parties.
Guest hereby acknowledges and agrees that the consumption of alcohol or other intoxicating substances, illegal substances or any other substance which may impair Guest’s motor skills or mental capacity while Guest is on or about the Property is strictly forbidden. Guest hereby agrees to release Owner from and indemnify and hold Owner harmless from and against any claims, damages and liabilities (including attorneys’ fees, including those of a law firm, and costs associated therewith) that Guest, any parties claiming by and through Guest or any third parties may have or make for injury to person (including death) or property which arise out of or relate to Guest’s or Guest’s invitees’ consumption of alcohol while on the Property or while engaging in the Activities, whether such claims, damages or liabilities result from Guest’s acts or omissions on or off of the Property or during or following the Activities.
Guest hereby acknowledges and agrees that the Activities and the nature and condition of the Property and its facilities, premises and environment is such that known, unknown and unknowable hazards exist which create or contribute to known, unknown and unknowable risks inherent in partaking in or observing the Activities and/or entering onto the Property, in using the Property facilities and in engaging in or observing any activities of any kind whatsoever while at the Property.
Guest hereby acknowledges and agrees that the Owner has no duty to undertake first-aid or rescue operations or procedures in the event of the occurrence of any physical or emotional injury to Guest or others, and that any such operations or procedures may result in compounded or increased damages or injuries. To the extent any Owner undertakes first-aid or rescue operations or procedures in the event of such damage or injury, Guest hereby releases any and all claims relating thereto against Owner.
Guest hereby acknowledges and agrees that Owner makes no warranties or representations as to the design, manufacture, maintenance, condition or fitness for any particular purpose of the Property or any facilities or equipment located thereupon, including, but not limited to: paved and unpaved roads, trails, houses (including those which are abandoned/dilapidated), garages, barns, sheds, vehicles, and first aid supplies.
Guest hereby acknowledges and agrees to assume all responsibility and liability for any of Guest’s adult and minor invitees’ acts and/or omissions while located upon or utilizing the Property, including any negligent, grossly negligent, reckless or criminal acts or omissions of any of the foregoing upon or in connection with the Property and/or Activities, all of which shall be included as acts and/or omissions included in Guest’s indemnity obligations owed to Owner as provided herein.
GUEST EXPRESSLY ACCEPTS AND ASSUMES ANY AND ALL RISKS RELATING TO THE ACTIVITIES, THE PROPERTY AND IN ENTERING ONTO THE PROPERTY AND IN USING THE FACILITIES OR EQUIPMENT THEREUPON, AND THAT THE PROPERTY IS UTIILIZED “AS-IS, WHERE IS” WITH ALL DEFECTS, KNOWN AND UNKNOWN.
In consideration of participation in the Activities, Guest and any of Guest’s successors and/or assigns hereby releases, waives, discharges and relinquishes any and all action or causes of action which may hereafter arise and agrees that under no circumstances will Guest or any of the aforementioned parties prosecute or present any claim for personal injury, property damage, loss of consortium, or wrongful death against any Owner, whether the same shall arise by the negligence or gross negligence of any said persons. Guest furthermore agrees to indemnify and hold each Owner party harmless from and against any and all actions or causes of action asserting claims, damages or losses, including attorneys’ fees and costs associated therewith, relating to personal injury (including death of any person) and/or damage to personal property, whether suffered by Guest or any other third party, resulting from Guest’s acts or omissions while engaging in or observing the Activities, entering onto or remaining on the Property, or using the Property and its facilities or equipment, or resulting from Guest’s violation of this Agreement, Owner’s rules and regulations or applicable law.
Guest has carefully read this “Acknowledgment of Risk, Release & Indemnity Agreement” and fully understands its contents. Guest furthermore acknowledges that no other inducement, assurance or guarantee has been made to Guest in consideration of Guest’s signing this Agreement, which Guest hereby signs voluntarily and of Guest’s own free will.
This Agreement may not be amended or modified unless such amendment is in writing signed by Owner. This Agreement shall be governed in all respects by the substantive law of the State of Tennessee, without regard to conflicts of law principles. The exclusive venue for any action arising under or related to this Property, or any activities upon the Property, shall be the state or federal courts located in Knox County, Tennessee, Guest hereby waiving any objection to venue and personal or substantive jurisdiction therein. GUEST HEREBY WAIVES ANY AND ALL RIGHT TO A TRIAL BY JURY AND AGREES THAT ANY CLAIMS AGAINST ANY THIRD PARTY RELATED TO THE PROPERTY OR ACTIVITIES SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS OR PUTATIVE CLASS.
GUEST EXECUTES HEREIN BELOW UNDERSTANDING AND ACKNOWLEDGING THAT GUEST IS GIVING UP SUBSTANTIAL LEGAL AND OTHER RIGHTS AS SET FORTH HEREIN.
*If Guest is under the age of 18, such Guest’s parent or legal guardian shall sign on behalf of such minor Guest and, in doing so, hereby agrees, on behalf of the minor Guest and on behalf of himself/herself, to be bound by the terms as set forth herein. Such parent or legal guardian hereby represents and warrants that he/she is the parent or legal guardian of the Guest whose name appears above and furthermore that such Guest has permission and consent to engage in or observe the Activities and to be upon the Property. Such signatory shall indemnify and hold Owner harmless from and against any liability, claims, damages and costs (including attorneys’ fees and costs) incurred by Owner to the extent this representation is not true.