In consideration for your admission to the independently owned and operated Fowling Warehouse Kansas City (the “Fowling Warehouse") or your participation in activities involving the use of the Fowling Parties’ equipment or facilities, including without limitation, events held at the Fowling Warehouse or off premises (each a "Fowling Activity"), upon signing this waiver and release or otherwise accepting a wristband for access to the Fowling Warehouse or any Fowling Activity, I agree as follows:
Acknowledgement, Release, and Assumption of Risk. I acknowledge, agree and understand that:
• Fowling Activities involve inherent, known and unanticipated risks, any and/or all of which could result in physical or emotional injury, disability, death, or damage;
• There are risks relating to the contraction and spread of COVID-19 that may accompany the Fowling Activities.
• The risks of the Fowling Activities are open and obvious to me.
• I accept and assume all of the risks attendant to the Fowling Activities.
• I RELEASE, WAIVE, HOLD HARMLESS, AND FOREVER DISCHARGE the Fowling Parties (as defined below) from any and all loss, costs, liability, expenses, attorneys’ fees, settlements, damages, claims and causes of action arising from or relating to my admission to the Fowling Warehouse or any Fowling Party facility, my participation in any Fowling Activity, or my use of the Fowling Parties' equipment or facilities. This release does not include liability arising from gross negligence or intentional or criminal acts committed by the Fowling Parties.
• I agree not to sue the Fowling Parties for any loss, costs, expenses, damages, liability, claim(s) and/or causes of action released under this Waiver and Release
Indemnification: I HEREBY KNOWINGLY AND VOLUNTARILY AGREE TO INDEMNIFY THE FOWLING PARTIES FROM ANY AND ALL LOSS, COSTS, LIABILITY, DAMAGES, EXPENSES, SETTLEMENTS, CLAIMS, DEMANDS, OR CAUSES OF ACTION, INCLUDING ATTORNEYS' FEES AND EXPENSES, THAT ARISE FROM AND/OR ARE IN ANY WAY RELATED TO AND/OR CONNECTED WITH: MY PARTICIPATION IN ANY FOWLING ACTIVITY OR USE OF FOWLING EQUIPMENT OR FACILITIES; OR ANY CLAIM BY A THIRD PARTY FOR PERSONAL INJURY, DAMAGE, LOSS OR THEFT OF PROPERTY BASED OR CAUSED BY MY PARTICIPATION IN ANY FOWLING ACTIVITY OR MY USE OF FOWLING EQUIPMENT OR FACILITIES.
Rules: I will abide by all of Fowling’s rules; the requirements of applicable law; and any further directions, instructions and decisions of Fowling Parties' personnel relating to the Fowling Warehouse, Fowling facilities, or my participation in Fowling Activities.
Photography and Email: I grant the Fowling Parties the right to photograph and record me at the Fowling Warehouse, other Fowling facilities, and at Fowling Events, and permit the unrestricted use of such photographs and recordings, without further consideration or compensation. I also consent to the use of my email address for electronic communication.
Minors: If the participant is a minor, I represent that I am the parent or legal guardian of the minor participant and have the authority and consent to enter into this agreement on behalf of the minor participant, including the releases and waivers provided for herein. I further acknowledge and agree that I have explained to the minor participant the inherent risks INVOLVED in participating in the Fowling activities. I further agree to indemnify and hold the Fowling Parties harmless from and against any and all loss, costs, liability, damages, expenses, settlements, claims, demands, and causes of action that relate in any way whatsoever to the minor participant.
Medical Treatment: I consent to receive medical treatment should the need arise while at the Fowling Warehouse and further release and forever discharge the Fowling Parties from any and all present and future claims that arise from, relate to, or are based on any first aid, medical treatment, or emergency service administered or rendered to me, or the minor participant for whom I am signing as parent or guardian.
Limitation of Liability: If any of the Fowling Parties shall be found liable for any reason whatsoever -- not-withstanding the waiver and release set forth above – including without limitation, for any loss, costs, expenses, attorneys’ fees, or damages I may suffer, the total liability of the Fowling Parties shall be limited to the amount I paid to participate in the Fowling Activities giving rise to the claim or cause of action for such loss, costs, expenses, attorneys’ fees, or damages.
Definition of Fowling Parties: “Fowling Parties” shall mean Midwest Games and Entertainment LLC dba Fowling Warehouse Kansas City, Fowling Franchise, LLC (the “Franchisor”), each and every entity d/b/a "Fowling Warehouse," and each of their respective officers, directors, members, owners, investors, shareholders, parents, affiliates, franchisees, managers, employees, agents, representatives, contractors, insurers, spectators, affiliates, equipment suppliers, volunteers, and the heirs, successors and assigns of the foregoing.
Modification: This Waiver and Release cannot be modified or changed by representations or statements made by you, any participant, Fowling Warehouse Kansas City, or any of its agents or employees, and may only be modified in writing and signed by an authorized officer of the Franchisor.
This Waiver and Release constitutes the sole and entire agreement of the Fowling Parties and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision off this Waiver and Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver and Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver and Release is binding on and shall inure to the benefit of the Fowling Parties and me and our respective successors and assigns. All matters arising out of or relating to this Waiver and Release shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction). Any claim or cause of action arising under this Waiver and Release shall be brought only in the federal and state courts located in Cole County, Missouri and I hereby consent to the exclusive jurisdiction of such courts, internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction). Any claim or cause of action arising under this Waiver and Release may shall be brought only in the federal and state courts located in Cole County, Missouri and I hereby consent to the exclusive jurisdiction of such courts.