TOTAL ARCHERY CHALLENGE AND VRSS Holdings, LLC / Seven Springs WAIVER
PLEASE READ CAREFULLY BEFORE SIGNING THE ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY.
In consideration for permission to participate or be a spectator in the Total Archery Challenge at Seven Springs
Mountain Resort, I acknowledge and agree:
I acknowledge that TOTAL ARCHERY CHALLENGE (“TAC”) held at VRSS Holdings, LLC / Seven Springs is a test of a person's physical and mental limits and it carries with it potential for death, serious injury and property loss.
I HEREBY ASSUME THE RISKS OF PARTICIPATING IN TAC AND ALL OTHER EVENTS AND ACTIVITIES AT VRSS Holdings, LLC / Seven Springs. I certify that I am physically fit, have sufficiently trained for participation in this event, and have not been told by anyone that I should not participate. I hereby take the following action for myself, heirs, next of kin, successors and assigns, or
anyone else who might claim or sue on my behalf, and I expressly acknowledge that it is my intent to take these actions:
(a) I AGREE to abide by the competitive rules adopted by TAC AND VRSS Holdings, LLC / Seven Springs (b) I AGREE that prior to
participation in an event, I will inspect the course, facilities, equipment, and areas to be used and if I believe any to be
unsafe I will advise the person supervising the event, activity, facility, or area and will not participate; (c) WAIVE,
RELEASE, AND DISCHARGE FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONALLY INJURY,
PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY
KIND, INCLUDING ECONOMIC LOSSES AND LOSS AND/OR STOLEN ITEMS, WHICH ARISE OUT OF OR RELATE TO MY
PARTICIPATION IN, OR MY TRAVELING TO AND FROM THE EVENT, THE FOLLOWING PERSONS OR ENTITIES: TAC AND
SEVEN SPRINGS sponsors, employees, event owners, volunteers, all states, cities, counties, or localities in which events
or segments of events are held, and the officers, directors, employees, representatives, volunteers, and agents of any of
the above even if such claims, losses, or liabilities are caused by the negligent acts of any other person or entity; I
ASSUME THE RISKS OF PARTICIPATING IN THIS EVENT. I ALSO ASSUME ANY AND ALL OTHER RISKS associated with
participating in this event all such risks being known and appreciated by me, and I further acknowledge that these risks
include risks that may be the negligence of the persons or entities mentioned above in paragraph (c) or other persons or
entities; (d) I AGREE NOT TO SUE ANY OF THE PERSONS OR ENTITIES MENTIONED ABOVE IN PARAGRAPH (c) for any of
the claims, looses, or liabilities that I have waived, released or discharged herein; (e) I INDEMNIFY AND HOLD HARMLESS
THE PERSONS AND ENTITIES MENTIONED IN PARAGRAPH (c) for any and all claims made or liabilities assessed against
them as a result of (i) my actions or inaction's, (ii) the actions, inactions of negligence of others including those parties
hereby indemnified; (iii) the conditions of the facilities, equipment, or areas where the event is being conducted; (iv) the
Competitive Rules; or (v) any other harm caused by an occurrence related to this event, TAC AND VRSS Holdings, LLC / Seven Springs event, and (f) I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in TAC AND VRSS Holdings, LLC / Seven Springs event, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of my likeness; (g) I UNDERSTAND and accept that my entry fee is non-refundable under any circumstance. I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER. I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS
CONTENTS.
FOR PERSONS UNDER EIGHTEEN (18) YEARS OF AGE A PARENT OR LEGAL GUARDIAN MUST SIGN THE ABOVE RELEASE
AND COMPLETE THE FOLLOWING SECTION.
1. I agree that I am personally responsible for my safety and actions while participating at TAC and VRSS Holdings, LLC / Seven Springs. I agree to comply with all TAC and VRSS Holdings, LLC / Seven Springs policies and rules, including but not limited to all TAC and VRSS Holdings, LLC / Seven Springs policies, guidelines, signage, and instructions. Because TAC and SEVEN SPRINGS is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue TAC or VRSS Holdings, LLC / Seven Springs members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party attending TAC or VRSS Holdings, LLC / Seven Springs, or otherwise, while participating in any activity while in, on, or around TAC and/or while using any VRSS Holdings, LLC / Seven Springs venue facilities, tools, equipment, or materials.
2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the TAC and Venue facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
3. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in participating in TAC, to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with State law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State lists all COVID-19 related mandates.
4. I agree that all disputes arising under this Release or from my participation in the TAC event shall be litigated
exclusively in the Court of Common Pleas of Somerset County, Pennsylvania.
5. I grant TAC and VRSS Holdings, LLC / Seven Springs permission to use photographic and/or video images of me for the purpose of marketing, publicizing and promoting the resort. I waive any right to be compensated for the use of my image and release VRSS Holdings, LLC / Seven Springs from liability for any claims, where such claims arise out of or relate to VRSS Holdings, LLC / Seven Springs use of my image.
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