Kiowa Police Department
Indemnity Agreement & Release of Liability, Acknowledgment of Risks and Hazards
THIS IS AN IMPORTANT LEGAL DOCUMENT! BY SIGNING IT, YOU ARE GIVING UP CERTAIN RIGHTS! PLEASE READ CAREFULLY BEFORE SIGNING!
In consideration of Kiowa Police Department. Allowing utilization of event facilities and participation in airsoft tactical scenarios, Firearm training, Defensive Tactics, Police K9 training and familiarization and any other police related activities, (hereinafter referred to as 'activities covered by this Agreement), I agree that:
1. REPRESENTATIONS, WARRANTIES & ASSUMPTIONS OFRISK:
I understand that participating in any of the activities covered by this Agreement will expose me to the risk of personal injury, property damage and/or death. I understand that the success and safety of my participation is dependent upon the proper functioning of proscribed safety equipment, vehicles and airsoft training weapons; and that neither the safety equipment, vehicles or airsoft weapons can be guaranteed to function perfectly. I understand that the safety equipment, vehicles and airsoft weapons are subject to mechanical malfunctions as well as operator error. I freely, voluntarily and expressly choose to assume all risks inherent in participating in the activities covered by this Agreement, including, but not limited to, risks of equipment failure, malfunction and/or failure to function, including those which may result from some defect in design, assembly, and/or manufacture as well as those risks arising from improper and/or negligent operation, training and/or use of the equipment. I further accept that the organizers define specific parameters for safety equipment and should I voluntarily chose to ignore these guidelines I accept full personal responsibility for this increased assumption of risk. For and in consideration of the thrill of participation in this activity, and understanding full well that those risks may include personal injury, property damage, and/or death, I assume those risks.
2. EXEMPTIONAND RELEASEFROMLIABILITY
I exempt and release the following persons, corporations and organizations: Kiowa Police Department., as well as any other owners and lessees, if any, of land upon and from which the airsoft event and related training operations are conducted, whether or not listed herein; and includes all of each person's, corporation's, and organization's officers, agents, servants, employees, representatives, lessors; (hereinafter collectively referred to as "Releases"), from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me or my property, including my death, while upon the premises or while participating in any of the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of Releases, or from any other cause.
3. COVENANT NOT TO SUE.
I agree never to institute any lawsuit or action at law or arbitration or otherwise against any of Releases, or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement, whether caused by the negligence and/or other fault, either active or passive, of any of Releases, or from any other cause. I further agree that my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of Releases, nor shall they initiate or assist the prosecution of any claim for damages or cause of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from activities covered by this Agreement, whether caused by any negligence and/or other fault, either active or passive, of any of Releases, or from any other cause. I hereby so instruct my heirs, executors, administrators, personal representatives and/or anyone else claiming to or actually acting on my behalf. Should any such suit, action at law, arbitration or otherwise be instituted against any of Releases, I agree that such Releases shall be entitled to recover attorneys' fees and costs incurred in defense of such suit or action, including any appeals therefrom.
4. LIQUIDATED DAMAGES.
As part of the consideration for my being allowed to participate in the activities covered by this Agreement, I promise not to initiate any legal or equitable action or arbitration against any of the Releases for any cause of action whatsoever. Furthermore, I realized that the damages to the Releases for my breach of this promise are uncertain and difficult to establish and that in the event I breach this promise I agree that the liquidated damages I will be liable to pay to each of the Releases named in a any legal action I may bring is $100,000 for each named defendant.
I agree that the amount of $100,000 is not a penalty but is rather an estimate of uncertain damages. I further agree that this provision for liquidated damages shall apply to any action in which I am required to indemnify the released parties, such as a wrongful death action brought by my heirs. These liquidated damages shall be due and payable immediately upon filing any legal action or demand for arbitration and irrespective of the outcome.
5. INDEMNITY AGAINST THIRD PARTY CLAIMS.
I will indemnify, save, and hold harmless Releases from any and all losses, claims, actions, or proceedings of every kind and character, including attorney's fees and expenses, which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from my participation in the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of Releases or from any other cause.
6. ARBITRATIONBOARD.
I further agree that in the event I or any other party have any claims whatsoever against any of the Releases arising out of my participation in activities covered by this agreement including an action for personal injury or wrongful death, that it shall be a condition precedent to the filing of any legal action against any of the Releases by myself or my heirs, that the matter first be arbitrated by an arbitration board appointed by Kiowa Police Department and that the decision and finding of that board shall be final and binding upon all persons. Kiowa Police Department shall have absolute and unfettered license to choose whomsoever they desire as arbitrators and the decision of the arbitrators shall not be set aside for any reason whatsoever. Furthermore the filing of a demand for arbitration shall trigger the requirement for payment of liquidated damages specified in Paragraph
7. VALIDITY OFWAIVER.
I understand and agree that if I institute, or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of Releases because of injury to my person or property, or my death, due to the activities covered by this Agreement, I agree that this Agreement can and will be used as evidence in court. Should a court of competent jurisdiction rule that any of the provision(s) of this Liability Release Agreement is void or invalid, all remaining provisions hereof shall remain in full force and effect.
8. REPRESENTATION AND WARRANTIES.
I represent and warrant that (a) I have read, understand and agree to fully comply with all rules, procedures, safety guidelines and standards published online, in the players pack for this event and briefed onsite, (b) I assume fault and liability for injury of myself or other participants if caused by my failure to comply with all rules, procedures and safety guidelines published online, in the players pack for this event and briefed onsite, (c) I have notified the event staff of any physical afflictions, relevant past medical history details, medical treatment and medications which I am currently undergoing or taking, (d) I have made no misrepresentations on my age, health or understanding and agreement of all event terms, rules and conditions.
9. LIKENESS RIGHTS.
Any and all, included but not limited to; pictures, videos, electronic images, or drawings, regardless of origin, or author, may not be generated, created, used, distributed, or reproduced, in/on/within, any commercial, personal, promotional, advertisement, in/on print or electronic format, resulting in any financial, monetary, personal, promotional, or any other reason(s) unapproved by event organizers or any other party authorized by event organizers. Any and all, included but not limited to; pictures, videos, electronic images, or drawings, regardless of origin, or author, are the property of event organizers. Players and approved photographers may retain their photos and video, however Kiowa Police Department Requests the download of all images and video for our own use prior to leaving the event. By attending, you agree to allow us the unrestricted and uncompensated use of you, your likeness, name, voice, photograph (s) logo or trademark in such material...
10. EFFECTIVE TERM
This Agreement shall remain in full force and effect from the date and time of signing continuously for a period of 10 (ten) years.
IN WITNESS WHEREOF I HAVE CAREFULLY READ THIS DOCUMENT AND THE BELOW REGISTRATION FORM, FULLY KNOW AND UNDERSTAND THEIR CONTENTS, AND SIGN IT OF MY OWN FREE WILL.