In consideration for your admission
to the Fowling Warehouse Omaha (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 11Fowling Activity"), upon 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 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, HOLD HARMLESS, FOREVER
DISCHARGE the Fowling
Parties (as defined below) from any and all loss, costs, liability, damages,
claims and cause,
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, 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 CLAIMS,
DEMANDS, OR CAUSES
OF ACTION, INCLUDING
ATTORNEYS' FEES AND EXPENSES,
THAT ARISE FROM AND/OR AREIN ANY WAY RELATED TO AND/OR CONNECTED
WITH:
MY PARTICIPATION IN ANY FOWLING ACTIVITY OR USE OF FOWLING EQUIPMENT
OR FACILITIES
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: 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.
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.
Limitation of Liability: If any of the Fowling Parties shall be found liable to me for any reason whatsoever -- notwithstanding the Release set forth above -- for any loss, costs 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 any claim or cause of action for such loss, costs or damages.