TO: CFIA, LLC DBA WTX PARTY WARZ and their respective directors, employees, guides, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, and assigns (collectively hereinafter the “Releasees”).
DEFINITION. In this Waiver and Release of Liability Agreement (the “Agreement”), the term “Activities” shall include any use or participation in the Axe Throwing, Rage Room and/or Gel Warfare facility and related equipment, and any other activities, events, or services provided, arranged, organized, sponsored, or authorized by the Releasees in any way associated or connected with the Axe Throwing, Rage Room and/or Gel Warfare.
ASSUMPTION OF RISKS. I am aware and understand that the Activities involve unusual risks, dangers, and hazards including, but not limited to: accidents which may occur in the facility; slips and falls; malfunction of the equipment used; injury and open wounds; shock, stress, or other injury to the body while participating in the Activities; negligence on the part of other persons, and NEGLIGENCE ON THE PART OF THE RELEASEES. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE RELEASEES, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE RELEASEES. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
MEDICAL CARE CONSENT AND WAIVER. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Releasees from any claim based on such treatment or other medical services.
RELEASE OF LIABILITY. I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE RELEASEES, ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITIES THAT TEXAS LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.
INDEMNITY. I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY/AWARDED AGAINST THE RELEASEES IN A FINAL NON-APPEALABLE JUDGMENT, ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO MY PARTICIPATION IN THE ACTIVITIES, INCLUDING ANY CLAIM RELATED TO MY OWN NEGLIGENCE OR THE ORDINARY NEGLIGENCE OF THE COMPANY.
SEVERABILITY AND CHOICE OF LAWS. This Release constitutes the sole and entire agreement of the Releasees and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent in any jurisdiction, then the remaining terms and provisions of this Release and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. All matters arising out of or relating to this Release shall be governed by the internal laws of the State of Texas. Any claim or cause of action arising under this Release may be brought only in the state courts located in Ector County, Texas. I hereby consent to the exclusive jurisdiction of such courts.
PUBLICITY. I consent to photographs and videos being taken of myself / participant during any participation of said Activities, and to publication of the photographs and videos by the Releasees for advertising, promotional, and marketing purposes.
I certify that the following are true and correct:
(1) I will not be under the influence of alcohol or medication/drugs that may impair my judgment or ability to perform;
(2) I am NOT suicidal or suffering from emotional problems that may cause harm to myself or others;
(3) I am in good health and in a proper physical and mental condition to participate;
(4) I have read and understand all the CFIA activities, Rules and Regulations and agree to abide by all the rules set forth; and
(5) I / Guardian am over the age of 18 and legally able to sign this waiver.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I COMPLETELY AND UNCONDITIONALLY RELEASE ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.