KTS Holdings LLC; Pups of War Arena LLC
RELEASE AND WAIVER OF LIABILITY, INDEMNITY AND ASSUMPTION OF RISK AGREEMENT (“AGREEMENT”)
IN CONSIDERATION of participating in any Airsoft, Foam Dart/Ball, Rubber Ball or Foam Sword Activity including but not limited to, participating, using the premises of, renting and operating equipment leased sanctioned and/or operated by Koa Tactical Solutions LLC d/b/a Dogs of War Airsoft or Koa Tactical Solutions LLC d/b/a Pups of War Nerf Arena, hereinafter referred to as KTS, I represent and acknowledge that I understand the nature of this Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe that event or Activity conditions are unsafe, I will immediately discontinue participating in the Activity. I fully understand that this Activity involves risks of serious bodily injury, including permanent disability, strains, fractures, eye injury, blindness, heat stroke, heart attack, paralysis and death, which may be caused by my own actions, or inaction, those of others participating in the Activity, the conditions in which the Activity takes place, or the negligence of the “releases” named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of participation in the Activity.
I hereby release, discharge, and covenant not to sue KTS, its Respective members, administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASES” herein) from all liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in whole or in part by the negligence of the “releases” or otherwise, including negligent rescue operations; and I further agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf makes a claim against any of the Releases, I will indemnify, save, and hold harmless each of the Releases from any loss, liability, damage, or cost which any may incur as the result of such claim.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Koa Tactical Solutions LLC, (KTS) has put in place preventative measures to reduce the spread of COVID-19; however, KTS cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the KTS could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the KTS and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the KTS may result from the actions, omissions, or negligence of myself and others, including, but not limited to, KTS employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the KTS or participation in KTS programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the KTS, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the KTS, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any KTS program.
Image/Video/Audio Use Clause:
I hereby give Dogs of War Airsoft and Pups of War permission to take photographs/video of me or photographs/video in which I may be involved with others for the purpose of promoting Dogs of War or Pups of War. Furthermore I hereby release and discharge Dogs of War, Pups of War and all its agents from any and all claim arising out of use of the photographs/video. In this regard I declare that I am above the age of 18. I have read the foregoing document and fully understand its contents.
I have read this RELEASE AND WAIVER OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without and inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the Balance, notwithstanding, shall continue in full force and effect.