Bayou Battlegrounds LLC
RELEASE OF LIABILITY, ASSUMPTION OF RISK, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
In consideration of Bayou Battlegrounds allowing me and/or Participant(s) to participate in Bayou Battlegrounds activities and foam dart games and to use Bayou Battlegrounds’ equipment and facilities, the undersigned, on his or her behalf, and on the behalf of the Participant(s) identified below, acknowledges, understands, and agrees to the following:
1. I represent that I am the participant, or I am the parent or legal guardian of the Participant(s) named below:
2. I acknowledge and understand that there are known, and unknown risks associated with participation in Bayou Battlegrounds activities and the use of foam dart guns and other equipment and the Bayou Battlegrounds facilities. Specific risks range from minor injuries, such as contusions, fractures, scrapes, cuts, bumps to major injuries, such as catastrophic injuries such as paralysis or death. I, for myself and the Participant(s) named, willingly assume the risks associated with participation and accept that risks may arise due to the NEGLIGENCE OF Bayou Battlegrounds, or its employees or agents, in addition to risks that may arise due to OTHER PARTICIPANTS which I also willingly assume.
3. I, for myself, the Participant(s) named, our heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnifyBayou Battlegrounds LLC, and their predecessors, parents, subsidiaries and affiliates, officers, and employees (“Releasee”) from any and all injuries, liabilities or damages incurred, EVEN IF THE LOSS OR INJURY MAY HAVE BEEN CAUSED SOLELY OR PARTLY BY RELEASEE’S OWN NEGLIGENCE. I additionally agree to indemnify Releasee for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation, EVEN IF THE LOSS OR INJURY MAY HAVE BEEN CAUSED SOLELY OR PARTLY BY RELEASEE’S OWN NEGLIGENCE.
4. I represent for myself and the Participant(s) named, that we have the physical, mental and emotional ability to participate in Bayou Battlegrounds activities and games, and do not have any limitations or medical ailments that would prevent or limit participation. I agree that the Participant(s) named, and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any activity or event at Bayou Battlegrounds.
5. I understand that entry, by myself and the Participant(s) named, constitutes consent for Bayou Battlegrounds to use any photo, film, video, or likeness of Participants for any purpose whatsoever, without payment to the Participant.
6. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
7. Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve through private negotiations and mutual agreement within sixty (60) days of notice of the controversy, dispute or claim, shall be submitted to mediation before a mutually agreeable mediator in St. Bernard Parish, Louisiana. The laws of the State of Louisiana shall govern this agreement, save and except for its conflicts of law principles.
8. I agree and acknowledge that I have read this Release of Liability, Assumption of Risk, Hold Harmless and Indemnification Agreement, and am legally competent to understand and complete this agreement. I hereby execute this agreement freely and without coercion. I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing this Release of Liability, Assumption of Risk, Hold Harmless and Indemnification Agreement.
9. I further acknowledge and understand there known and unknown risks associated with participating in Bayou Battlegrounds activities related to the coronavirus pandemic (also known as COVID-19). I acknowledge the contagious nature of COVID-19 and voluntarily assume all risks that I, for myself, and the named Participant may be exposed to or infected by COVID-19 that may result in personal injury, illness, permanent disability and death. I acknowledge the risk of becoming exposed to or infected by COVID-19 during Bayou Battlegrounds activities which may result from the actions, omissions, and negligence of myself and others, including, but not limited to Bayou Battlegrounds’ employees, volunteers, and program participants and their families.
10. Due to the COVID-19 outbreak, I affirm that I, as well as all of my household members, do not currently have, nor have experienced the symptoms associated with COVID-19 within the past 14 days. The symptoms include: fever, fatigue, dry cough and difficulty breathing. I further affirm that I, as well as all of my household members, have not been diagnosed with COVID-19 within the past 30 days.
11. I give the Company the right to use any photographs, video recordings, or other media created while I participate in the Activities for publicity, advertising, and any other purposes. I understand and agree that all such media will be the property of the Company and will not be returned. I irrevocably authorize the Company to edit, alter, copy, exhibit, publish, or distribute this media for any lawful purpose. I waive any right to inspect or approve the finished product where my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of such media
12. I understand that Bayou Battlegrounds has taken certain measures to implement recommended guidelines and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19. I understand and agree that Bayou Battlegrounds may revise its procedures at any time based on updated recommended guidance and protocols issued by the governing agencies and I, for myself, and the named Participant further agree to comply with those revised procedures. I, for myself, and the named Participant, further acknowledge and agree that, due to the nature of the facilities, services and programs offered by Bayou Battlegrounds, social distancing of 6 feet per person is not always possible. Therefore, I, for myself, and the named Participant, understand and appreciate both the known and potential dangers of participating in Bayou Battlegrounds activities and acknowledge that despite Bayou Battlegrounds’ reasonable efforts to mitigate such dangers, exposure and infection of COVID-19 may occur. I, FOR MYSELF, AND THE NAMED PARTICIPANT, HEREBY RELEASES, WAIVES DISCHARGES AND COVENANTS NOT TO SUE bAYOU bATTLEGROUNDS, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS FOR LIABILITY RELATED TO COVID-19.