FALLING WHALE GAMES LLC WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT PARTICIPATION AGREEMENT
You, the consumer and end-user of this product, including every other user and participant with whom you may engage in Falling Whale Games activities, acknowledge that you shall abide by and be bound by all terms of this agreement and will comply with all laws while participating in Falling Whale Games activities.
By engaging in Falling Whale Games activities you are waiving important legal rights, and you should not engage in Falling Whale Games activities unless you agree to fully abide by all terms herein.
ASSUMPTION OF RISK You understand that engaging in Falling Whale Games activities inherently involves risks and may result in personal or bodily injury and other social and economic losses associated therewith. Further, there may be other risks not known and not reasonably foreseeable at this time. You are aware of the potential risks associated with these actions, which include the possibility of serious injury and/or death. You hereby assume full responsibility and voluntarily assume all risk for all damages, injuries, and losses that you and any other party with whom you may engage in the use of these products, may sustain or incur in connection with or relating to engaging in Falling Whale Games activities.
RELEASE AND WAIVER In consideration of being allowed to purchase and use the Falling Whale Games game/product, you the purchaser, end-user, and every other user or participant in Falling Whale Games activities hereby fully and completely RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE Falling Whale Games LLC, the manufacturer of this product, together with its parents, subsidiaries, affiliates, officers, members, employees, agents, contractors, and representatives (collectively, the “Releasees”), from any liability for all claims, demands, losses, expenses or damages on account of damage to property or physical injury caused or alleged to be caused in whole or in part by participating in Falling Whale Games activities.
INDEMNIFICATION You further agree that if you, as the end-user/consumer, or anyone on your behalf, or any other party with whom you have voluntarily engaged in Falling Whale Games activities, makes a claim against one of the Releasees as a result of any activities relating to the use of the Falling Whale Games product, YOU SHALL INDEMNIFY, REIMBURSE, and FOREVER HOLD HARMLESS the Releasees from all injuries, costs, damages, causes of action, claims and any consequential and incidental damages, including attorney fees, arising out of or resulting from any injury, death, or damage to property which you or any other user with whom you engage in Falling Whale Games activities may sustain or cause as a result of your/their use of this Falling Whale Games game.
MISCELLANEOUS This waiver may not be modified in any way. If any part of this waiver is determined to be invalid by any legal body with jurisdiction thereof, all other parts of this waiver will continue to remain valid and enforceable.
YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU ARE AWARE THAT BY USING THIS PRODUCT YOU ARE WAIVING IMPORTANT LEGAL RIGHTS AND INTEND THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY ACCRUING TO THE SELLER OF THE FALLING WHALE GAMES LLC PRODUCT TO THE GREATEST EXTENT PERMITTED BY LAW.