Completion of this Release and Indemnity is mandatory prior to participation in the Activities (defined below).
To: Armagon Innovations operating as Vancouver Blaster Brawls ("VBB") and its officers, representatives, agents, heirs, executors, administrators, successors and assigns (collectively, the "Agents").
I the undersigned, for myself and/or on behalf of each child or ward of whom I am parent or guardian of, as the case may be, as detailed and completed below (collectively, the "Participants"), agree as a precondition to participation in all current and future events and activities organized and conducted by VBB and the Agents, including, but not limited to, nerf or foam blaster tag sports as further described in VBB's website (collectively, the "Activities"), and in consideration of the payment of a participation fee paid to VBB for organizing and conducting the Activities and VBB allowing the Participants to participate in the same, and other good and valuable consideration (the receipt and sufficiency which is hereby acknowledged), agree as follows:
1. The Participants are strictly bound by the terms of this Release and Indemnity;
2. The Participants acknowledge the risks involved in participating in the Activities, and accept the same at their own risk. Without limiting the generality of the foregoing, the inherent risks include but are not limited to:
· Being struck with projectiles and other objects;
· Impact with equipment, obstructions, walls, trees, roots, rocks, and the ground;
· Contact or impact with other participants, spectators, officials, any of the Agents, or other people present on the site;
· contracting infection and/or
· Dehydration;
3. The Participants have read, fully understand and agree to abide by the Rules, Code of Conduct, Recommendations, and Policies fully described in VBB’s website (collectively, the "Rules") in relation to VBB’s operation of the Activities and acknowledge that VBB's agreement to allow the Participants to participate in the Activities is on condition that the Participants strictly comply with the Rules. The Participants further acknowledge and confirm that the Rules are for the safety of the Participants, and VBB and the Agents reserve the right to instruct the Participants to cease participation in the Activities, temporarily or permanently, without compensation or refund, if the Participants fail to comply with the same;
4. All equipment provided by VBB for use in connection with the Activities must be returned to VBB at the end of each day’s activities undamaged, reasonable fair wear and tear excepted. The Participants further understand that if any equipment is not returned as aforesaid, VBB will invoice the Participants for the full amount of the replacement or repair cost of such equipment. Participants agree to help with clean up at the end of each event;
5. Bringing personal property for use at the Activities may result in damage to the same and the Participants agree that VBB is not responsible for any loss, damage, and/or stolen property belonging to any of the Participants;
6. The Participants jointly and severally waive any and all manner of claims, actions, causes of action, suits, proceedings, demands, damages, judgements of whatever nature and kind and howsoever arising, that any of the Participants, their respective heirs, successors, assigns, and personal representatives hereafter can, shall or may have in the future, against VBB and/or the Agents, in relation to the Activities;
7. The Participants jointly and severally agree to release and forever discharge, VBB and the Agents from any and all liability for loss, damage, expense or injury, including death, due to any cause whatsoever that any of the Participants may suffer as a result of the Participants’ participation in the Activities, and/or use of VBB’s equipment;
8. The Participants jointly and severally agree to indemnify and save harmless VBB and their heirs, successors, personal representatives and assigns, of and from any and all manner of claims, actions, causes of action, suits, proceedings, demands, damages, interest, costs, expenses, and legal costs on a full indemnity basis of whatever nature and kind and howsoever arising, which VBB may suffer or incur as a result of or arising in connection with the Activities;
9. The Participants consent to VBB's creation and publication of photographs and videos of the Participants in the course of participation in the Activities, which VBB may use for advertising, promotional and marketing purposes. The Participants also agree to receive communication to their contact information below, and they can unsubscribe anytime;
10. This Release and Indemnity shall be binding on and enure to the parties hereof and their respective heirs, successors, assigns, and personal representatives;
11. If any provision of this Release and Indemnity is determined at any time by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof will be severable from this Release and Indemnity and the remainder of this Release and Indemnity will be construed as if such invalid, illegal or unenforceable provision or part thereof had been deleted herefrom; and
12. This Release and Indemnity may be executed and delivered by facsimile or other means of electronic communication producing a printed copy (“Electronic Communication”) and this Waiver and Release will be deemed to have been effectively executed and delivered as at the date of transmission via Electronic Communication.
