Battle Paintball Rules and Waiver
Battle Paintball and its staff have done everything possible to assure that our patrons have a rewarding Paintball experience. We wish to inform our patrons that Paintball is not risk free. The same elements that contribute to the unique character and fun of Paintball, such as physical exertion or being in the outdoors can cause loss or damage to equipment, and injury, illness or in extreme cases, permanent trauma or death to yourself or others under your supervision. We do not want to heighten or reduce your enthusiasm for the experience; however, we want you to be aware in advance of what to expect and be informed of some of the possible risks. It is mandatory that you read and sign this release and waiver, then return it to a staff member prior to any paintball activities engaged in at Battle Paintball.
PAINTBALL ACKNOWLEDGEMENT OF RISK
I acknowledge and agree that the sport of Paintball is an inherently dangerous activity. The game involves the use of pressurized markers that fire pellets containing biodegradable dye, which are designed to burst on impact. Under normal conditions the paint pellets will not break skin on impact. However, should a pellet strike a person in the eyes, ears, nose or any vital area of the body, which is not adequately protected, temporary or permanent muscle soreness; sprains; strains; cuts; abrasions; bruises; ligament and/or cartilage damage; head; neck or spinal injuries; loss of use of arms and/or legs; disfigurement or in extreme circumstances death, may occur. It is my responsibility to obey all rules at the Paintball facility and to always utilize all safety equipment which is required by the Paintball facility. Safety equipment is designed to minimize the risk of injury and/or death, but its proper use does not guarantee that such injury will not occur.
I understand that; (1) there are both foreseeable and unforeseeable risks of injury that may occur as a result of participating is this program; (2) serious and permanent eye injury, including loss of eyesight, can occur regardless if I wear approved paintball safety goggles in any area where paintball guns may be intentionally or accidentally discharged; (3) I understand that it is my responsibility to wear approved paintball goggles and I accept that responsibility; (4) goggles can fog or become dirty, and I agree that despite any such problems, I will not remove my goggles under any circumstances while I am on the playing field, at the target area or any other area I may be struck by a paintball; (5) although the field operator and staff will attempt to enforce safety and playing rules, I may be injured or die because other persons did not follow the rules; and (6) playing paintball involves risks, which include, but are not limited to, the risk of injury from being hit by paintballs, injuries from possible malfunction of paintball equipment used, and injuries from falling over natural or manmade obstacles on the game fields and in the staging area. Additionally, I may be playing the game on rough and hazardous terrain. Although this company has taken steps to minimize the hazards, the risk of injury cannot be completely eradicated and there remains the risk that a participant could be injured as a result of the hazardous nature of the terrain. My participation in such activities and/or use of such equipment may result in my injury or illness including but not limited to bodily injury, disease strains, fractures, partial and/or total paralysis, eye injury, blindness, heart attack, death or other ailments that could cause serious disability.
CONTRACT, WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION
I certify that I am fully capable of participating. I state that I have read the above statement on some of the possible risks associated with Paintball. Therefore, I assume full responsibility for myself for bodily injury, death, and loss of personal property and any expenses as a result of my negligence, negligence of my family, negligence of another participant in the Paintball program. I also understand that Battle Paintball reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in Paintball.
I agree to release, indemnify and hold harmless Battle Paintball and its directors, staff, and agents, employees, sponsors, advertisers, volunteers and other participants (each considered one of the “RELEASES” herein) from all claims, damages, losses, injuries and expenses arising out of or resulting from participation in these activities. I further agree to release, acquit and covenant not to sue Battle Paintball and its staff for any/all actions or claims arising out of participation in the paintball program.
In short, I cannot sue the Battle Paintball and its members, agents and employees, and if I do, I cannot collect any money.
I agree that the site of any lawsuit, and the law governing any such lawsuit, shall be governed under Saint Lucia law and any disputes shall be resolved in Saint Lucia. The terms of this agreement shall continue indefinitely.
I hereby agree that if Battle Paintball is forced to defend any action, lawsuit or litigation by myself, my executors, or my heirs, on my family’s or my behalf, my heirs or executors and I agree to pay court costs and attorney fees if they successfully defend such action, lawsuit or litigation. Any physical or electronic copy of this release can be used as if it was an original.
CONSENT TO PUBLICATION OF PHOTOGRAPH
I authorize and release to Battle Paintball and its staff the use of my image and voice in any photograph or video recording for any purpose of Battle Paintball.
TRANSPORTATION ACKNOWLEDGMENT OF RISK
As part of the paintball program, Battle Paintball, may provide transportation by motor vehicle, van, or bus. In that event, I understand and agree that I cannot hold Battle Paintball liable for any injury I received due to the transportation Battle Paintball provides. I agree that the terms of this release shall cover any injury I receive due to an accident on the part of Battle Paintball whether by their negligence or the negligence of others.
MEDICAL TREATMENT CONSENT
I hereby give permission for transportation to any medical facility or hospital, and I authorize Battle Paintball staff and/or any person to render necessary emergency medical care for me. I hereby authorize the release of any medical information. I hereby waive any action or claim against Battle Paintball and their staff or first aid provider for the release of this medical information and/or for care received.