Assumption of Risk and Waiver of Liability Release
PLEASE READ THE FOLLOWING CAREFULLY -
This release must be signed before participating in any activities at the Fowling Warehouse Omaha 5585 N. 90th St. Omaha, NE 68134 (“Fowling Warehouse”) will be allowed.
I acknowledge that my participation in certain activities including, but not limited to, the activities offered at the Fowling Warehouse or by the Fowling Warehouse, including the use of the equipment provided at the Fowling Warehouse or by the Fowling Warehouse (“Fowling Activities”), may be hazardous and could result in physical or emotional injury, disability death or damage, including the spread of COVID-19, that my presence and participation in the Fowling Activities are solely at my own risk, and that I assume full responsibility for any resulting injuries, damages, or death.
In consideration of being admitted to the Fowling Warehouse or participation in the Fowling Activities, including events held at the Fowling Warehouse or off premises, or upon accepting a wristband for access to the Fowling Warehouse or participating in any Fowling Activities, and in full recognition of the inherent risk in participating in the Fowling Activities, I do hereby waive, release and forever discharge the Fowling Warehouse and Fowling Enterprises, LLC, and Arnold Nebraska LLC, their members, officers, directors, agents, employees and representatives, from and against any and all claims, demands, injuries, actions or causes of action (for negligence or otherwise), for costs, expenses or damages to personal property, or personal injury, or death, which may result from my presence at or participation in any such Fowling Activities.
I further agree to RELEASE, HOLD HARMLESS, FOREVER DISCHARGE, and hold the Fowling Warehouse and Fowling Enterprises, LLC, and Arnold Nebraska LLC, their members, officers, directors, agents, employees and representatives, harmless from any loss, liability, damage or costs including court costs and attorney's fees incurred as a result of my presence at or participation in any Fowling Activities. I agree not to sue the Fowling Warehouse and Fowling Enterprises, LLC, and Arnold Nebraska LLC, their members, officers, directors, agents, employees and representatives for any loss, costs, damages, liability, claim(s) and/or causes of action released under this Assumption of Risk and Waiver of Liability Release. I also understand that this Assumption of Risk and Waiver of Liability Release binds me, my personal representatives, estate, heirs, next of kin and assigns.
Indemnification: I HEREBY KNOWINGLY AND VOLUNTARILY AGREE TO INDEMNIFY THE FOWLING WAREHOUSE AND FOWLING ENTERPRISES, LLC, AND ARNOLD NEBRASKA LLC, THEIR MEMBERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEESAND REPRESENTATIVES, FROM ANY AND ALL 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 OF THE FOWLING ACTIVITIES, ANY CLAIM BY A THIRD PARTY FOR PERSONAL INJURY, DAMAGE, LOSS OR THEFT OF PROPERTY BASED OR CAUSED BY MY PARTICIPATION IN ANY THE FOWLING ACTIVITIES.
RULES: I will abide by the Fowling Warehouse's rules; the requirements of applicable law; and any further directions, instructions and decisions of Fowling Warehouse personnel relating to the Fowling Warehouse or my participation in Fowling Activities.
PHOTOGRAHY: I grant the Fowling Warehouse the right to photograph and record me at the Fowling Warehouse, other Fowling facilities, and at any Fowling events, and permit the unrestricted use of such photographs and recordings, without further consideration or compensation.
MINORS: If the participant is under the age of 19, 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.
LIMITATOIN OF LIABILITY: If any of the Fowling Parties shall be found liable to me for any reason whatsoever – - notwithstanding this Assumption of Risk and Waiver of Liability Release -- for any loss, costs or damages I may suffer, the total liability of the Fowling Warehouse and Fowling Enterprises, LLC, and Arnold Nebraska LLC, their members, officers, directors, agents, employees and representatives, 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.
I have read this Assumption of Risk and Waiver of Liability Release, I fully understand it and I agree to be legally bound by it. If you have any questions or concerns, please visit with an attorney. in the Fowling Activities giving rise to any claim or cause of action for such loss, costs or damages.