The Participant desires to participate in the Event identified above (the "Activity") for NaturalPoint, Inc. d/b/a OptiTrack (the "NaturalPoint") during the Event Date(s) located at the Premises named below. Participant agrees to all the terms and conditions set forth in this agreement (this "Release").
1. RELEASE
Participant is aware and understands that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, or death to Participant and/or to others, and/or property damage. Participant acknowledges that these risks may result from or be compounded by the inherent risks of the Activity or by the actions, omissions, or negligence of NaturalPoint employees or others, including negligent emergency response or rescue operations of the NaturalPoint. Participant understands that the NaturalPoint cannot guarantee that Participant will not be injured during my participation in the Activity. NOTWITHSTANDING THESE RISKS, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT IS VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE NATURALPOINT OR OTHERWISE.
2. WAIVER
Participant expressly waives and releases any and all claims, now known or hereafter known, against NaturalPoint and its officers, directors, manager(s), employees, agents, affiliates, shareholders, successors, and assigns, the Premises owner (collectively, "Releasees") on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to Participant’s participation in the Activity, whether arising out of the ordinary negligence of the NaturalPoint or any Releasees or otherwise. Participant covenants not to make or bring any such claim against the NaturalPoint or any other Releasee, and forever releases and discharges the NaturalPoint and all other Releasees from liability under such claims to the extent permitted by law.
3. REPRESENTATIONS OF GOOD PHYSICAL HEALTH AND CONDITIONS
Participant conflicts that Participant is in good health and proper physical condition and does not have any medical or other conditions that would impair Participant’s ability to participate in the Activity. If at any time Participant believes conditions for participating in the Activity to be unsafe or that Participant is no longer in proper physical condition to participate in the Activity, Participant will immediately discontinue further participation in the Activity. Participant acknowledges that the NaturalPoint is relying on these statements to allow Participant to participate in the Activity.