ASSUMPTION OF RISKS, RELEASE OF LIABILITY,
WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
Waiver: For and in consideration of the admission price and permission to use the property, facilities, staff, equipment and services of HINKLE FAMILY FUN CENTER, I, for myself, my heirs, personal representatives or assigns, do hereby voluntarily agree to release, waive, discharge, hold harmless, indemnify and covenant not to sue HINKLE FAMILY FUN CENTER, it’s owners, employees, and agents from liability from any and all claims including the negligence of HINKLE FAMILY FUN CENTER resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in the attractions Paintball and Immersive Virtual Reality, and use of facilities, premises, or equipment.
Assumption of Risks: This use of HINKLE FAMILY FUN CENTER property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries HINKLE FAMILY FUN CENTER has facilities for entertainment and provides for activities such as Paintball and Immersive Virtual Reality. Some of these involve situations, environments, or activities that may lead to illness, physical injuries, and psychological stress or damage. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, sprains, and embarrassment 2) major injuries such as joint or back injuries, heart attacks, head injuries, and psychological trauma 3) catastrophic injuries including paralysis and death.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the activities Paintball and Immersive Virtual Reality made possible by HINKLE FAMILY FUN CENTER. I hereby assert that my participation is voluntary and that I fully understand and acknowledge that: (1) Risks and dangers exist in my use of equipment and my participation in Paintball and Immersive Virtual Reality; (2) My participation in such activities and/or use of such equipment may result in injury or illness. I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to indemnify and hold harmless HINKLE FAMILY FUN CENTER, it’s owners, employees and agents in Albuquerque, New Mexico from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement at HINKLE FAMILY FUN CENTER and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of New Mexico and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.