Waiver & Release

Completion of this Release and Indemnity (this “Release”) is mandatory prior to participation in the Activities (as defined below).

To: Firecamp (“BB”) and its officers, representatives, agents, heirs, executors, administrators, successors and assigns (collectively, the “Agents”).

I the undersigned, for myself and/or on behalf of each child or ward of whom I am parent or guardian of, or whom I am otherwise responsible, as the case may be, as detailed and completed below (collectively, the “Participants”), agree as a precondition to participation in all current and future events and activities organized and conducted by BB and the Agents, as further described in BB’s website (collectively, the “Activities”), and in consideration of BB for organizing and conducting the Activities and BB allowing the Participants to participate in the same, and other good and valuable consideration (the receipt and sufficiency which is hereby acknowledged), agree as follows:

1. The Participants are strictly bound by the terms of this Release;
2. The Participants acknowledge the risks involved in participating in the Activities, and accept that any such participation is wholly at their own risk and assume the risk of any and all injury and/or damage that they may suffer as a result, inclusive of any injury or damage caused by any negligence of BB of the Agents, whether passive or active. The Participants understand and acknowledge that the Activities may involve strenuous physical or mental activity and the Participants may be injured or injure a third party as a result of such participation. The Participants agree that they are voluntarily participating in the Activities, any may elect not to perform any portion of the Activities. Without limiting the generality of the foregoing, the inherent risks include but are not limited to:

• Being struck with projectiles and other objects;
• Impact with equipment, obstructions, walls, trees, roots, rocks, and the ground;
• Contact or impact with other participants, spectators, officials, any of the Agents, or other people present on the site;
• Contracting a bacterial or viral infection and/or
• Dehydration;

1. The Participants have read, fully understand and agree to abide by the Rules, Code of Conduct, Recommendations, and Policies fully described in BB’s website (collectively, the “Rules”) in relation to BB’s operation of the Activities and acknowledge that BB’s agreement to allow the Participants to participate in the Activities is on condition that the Participants strictly comply with the Rules. The Participants further acknowledge and confirm that the Rules are for the safety of the Participants, and BB and the Agents reserve the right to restrict or remove the Participants from participation in any of the Activities, temporarily or permanently, without compensation or refund, if the Participants fail to comply with the same;
2. All equipment provided by BB for use in connection with the Activities must be returned to BB at the end of each day’s activities undamaged, reasonable fair wear and tear excepted. The Participants further understand that if any equipment is not returned as aforesaid, BB will invoice the Participants for the full amount of the replacement or repair cost of such equipment, and the Participant authorizes BB to charge any payment method that the Participant has previously provided to BB for such costs.
3. The Participant further agrees that they have notified BB of any pre-existing condition that might affect their ability, or that of any child or ward, to perform the Activities, and shall notify BB of any material medical development that could reasonably be expected to affect any such party’s safety while participating in the Activities.
4. Bringing personal property for use at the Activities may result in damage or theft to the same and the Participants agree that BB is not responsible for any loss, damage, and/or stolen property belonging to any of the Participants;
5. Each of the Participants agrees to release and forever discharge BB and the Agents from any and all manner of claims, actions, causes of action, suits, proceedings, demands, damages, judgements of whatever nature and kind and howsoever arising, that any of the Participants, their respective heirs, successors, assigns, and personal representatives hereafter can, shall or may have in the future, against BB and/or the Agents, in relation to the Activities any use of BB’s equipment or business premises, at any time, including where such damages arose out of the negligence of BB or any of the Agents, whether active or passive;
6. The Participants jointly and severally agree to indemnify and save harmless BB and their heirs, successors, personal representatives and assigns, of and from any and all manner of claims, actions, causes of action, suits, proceedings, demands, damages, interest, costs, expenses, and legal costs on a full indemnity basis of whatever nature and kind and howsoever arising, which BB may suffer or incur as a result of or arising in connection with the Participants’ participation in the Activities, inclusive of any claims brought for any child or ward of the Participants;
7. The Participants consent to BB’s creation and publication of photographs and videos of the Participants in the course of participation in the Activities, which BB may use (collectively the “Media”), and the Participants grant to BB a worldwide, royalty free license to use the Participant’s appearance likeness with respect to such Media for any for advertising, promotional and marketing purposes.
8. The Participants also agree to receive marketing, promotional and related communication regarding the Activities to their contact information below, and they can unsubscribe anytime through the instructions provided;
9. The Participants hereby acknowledge and agree that BB is making no representation or guarantee of any specific result from the Participant’s participation in the Activities.
10. This Release shall be binding on and enure to the parties hereof and their respective heirs, successors, assigns, and personal representatives;
11. If any provision of this Release is determined at any time by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof will be severable from this Release and the remainder of this Release will be construed as if such invalid, illegal or unenforceable provision or part thereof had been deleted herefrom; and
12. This Release may be executed and delivered by facsimile or other means of electronic communication producing a printed copy (“Electronic Communication”) and this Release will be deemed to have been effectively executed and delivered as at the date of transmission via Electronic Communication.
13. The Participant hereby agrees and acknowledge that you have carefully read and reviewed this Agreement, fully understands that it is a release of liability, The Participants expressly acknowledge and agree that by executing this waiver and release, they are giving up any right to bring a legal action or assert a claim against BB and the Agents for any negligence, or for any defective product used by the Participants in the course of participating in the Activities. Each Participant has read and voluntarily signed the waiver and release and further agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made.