EXCULPATORY AGREEMENT

PRINT NAME CLEARLY HERE AGAIN :

This document, hereafter may be referred to as a "waiver", is valid in effect and in good standing as the agreement in force between the parties below after its acceptance by TOLCOM. This agreement may be cancelled by tolcom for reasons stated therein or at any other time OR UNLESS AIRSOFT IS PROHIBITED BY LAW, as may be determined by TOLCOM policy.

The signer of this document referred to as the "below signed", is NOT guaranteed admittance to any specific event, or may not be invited to invitational events OR MAY BE BARRED FROM PORTIONS OF EVENTS, may have this document rejected by TOLCOM without explanation, and may this document cancelled after acceptance without fee returned, or the below signed may be suspended from participating in any event without endangering this document.

(TOLCOM is an unincorporated association of like minded adults with several shared interests who seek to produce airsoft military simulation for recreational purposes and charge a minimum fee for the expenses associated thereto including but not limited to any professonal services , rent for the field and maintenance thereto, and for props needed for the scenario and certain compensation for health, safety and practical matters relating to the property use and safe presentation of this event.. )

(The following assumes you are 18 years of age. If you are NOT 18 years of age, draw a line through "of age 18 or older", enter your name and continue to fill out this form. An additonal form for your parent or guardian is found deeper in this document.)

I...(print name)........................of age 18 years or older, THE BELOW SIGNED, AS A PARTICIPATING COMBATANT, A PARTICIPATING NON-COMBATANT, A PARENT OR GUARDIAN OR APPROVED OBSERVER, VISITOR, OR ANY AIRSOFTER ON THE PREMISES FOR ANY AIRSOFT EVENT, OR ANY OTHER REASON OR ANY OTHER PERSONS SO PRESENT FOR ANY REASON... PROMISE TO ACT SAFELY, REASONABLY AND PROPER while on these premises with a promise to obey the RULES of TOLCOM and any events managers , do hereby sign and affirm this waiver of liability and exculpatory agreement and assumption of risk form EVEN THOUGH I MAY OR MAY NOT BE VACATING ANY RIGHTS THAT I MAY OR MAY NOT HAVE BY SO DOING in exchange for the right of access to lands leased or controlled by TOLCOM at certain times for airsoft/military simulation/reenactments or any other reason for so being on these premises; The below signed may traverse the property, participate in any airsoft event or any other event or reason for so being present; remain overnight; and attend any other activity to which I am entitled or invited to attend according to the rules of any event and the decisions of the managers and hosts; subject to cancellation of this license due to my violation of these terms and violation of any part of this agreement; in consideration of a $20 filing and recording fee of this document; and any other fee which may be charged at any airsoft event or any other event or reason for so being present and in additional consideration of the following declarations by myself, the participant, and/or THE BELOW SIGNED to wit:

1. THAT THE BELOW SIGNED is in good health and physically fit to engage in this activity and state that he has no medical condition which could jeopardize his safety, health and well being during such participation or be aggravated by his participation in any event.

2. THAT THE BELOW SIGNED is aware that airsoft involves pellets being discharged from special airsoft devices, by himself and those other participants around him and as such is dangerous; he does expect to be struck by pellets as part of the battle scenario or by accident or in village, urban or close quarters combat and that he could be injured, seriously or even die as a result of such contact; and does freely engage in this hazardous activity and assumes any and all risks and hazards to his person and his property that may occur during such activity, even as the result of negligence or carelessness by any person or by any cause known or unknown.

3. THAT THE BELOW SIGNED is aware that this property can be a dangerous place and that danger may exist both natural and man made, known and unknown that could injure the particpant or cause death; that such danger includes, but not limited to, slipping and falling, stepping on nails or debris, injury from falling trees or parts thereof, falling into holes or ditches, maple syrup installations or other man made obstacles or dangers inherent in the wild state of the property, props and or scenario buildings, bunkers and obstacles, and the participant does willingly accept any and all such dangers from traversing this property or for any reason for being so present upon said property and participating in airsoft even in the result of negligence and carelessness by any party and for causes both known and unknown.

4.THAT The Below Signed declares additionally certain wild animals do freely roam this property and as such present a certain danger when encountered especially if such wild animals are accompanied by their young;

5.and THAT diseases such as carried by ticks, mosquitoes, birds and other known and unknown diseases may be encountered by the participant and may so infect him, or he may be stung by bees.

6. and THAT rabid raccoons, possums,foxes, minks,skunks and bats or any other animal may be encountered by the participant and that he could be bitten by same;

7.and THAT THE BELOW SIGNED could be struck and injured or killed by unknown acts, or acts of God or by particles falling from the sky or outer space,from trees or overhanging objects;by lightning; or by chance or mischance while on the premises;and by carelessness and negligence by any persons.

8. and THAT THE BELOW SIGNED could become lost, thus be subjected to great stress or exposure to the elements or be mistaken for a "terrorist", or his impression be misunderstood and be questioned by police, searched or otherwise detained or arrested and held by authorities.

9. and THAT THE BELOW SIGNED may be subjected to changes of weather, or otherwise react adversely to exposure to the elements or to natural or man made causes and effects, both known and unknown even the result of negligence or carelessness.

10. and THAT THE BELOW SIGNED while in non service or nonbattle conditions, or traveling to and from TOLCOM, or while encamped, in the firing area or any other location during this event, an injury of known or unknown causasion could occur around the camp fire, or tent or any other location on the property not necessarily in conjunction with the actual battle; including getting sick from food provided and assume all risk and dangers so involved even if the result of negligence or carelessness.

11.and THAT THE BELOW SIGNED personal property, airsoft devices or accessories or auto may be damaged, lost or stolen while on the premises.
12. and THAT THE BELOW SIGNED could be injured while particpating in activities not airsoft related directly while present on the afore mentioned property.

13.and THAT THE BELOW SIGNED affirms that any of the above dangers apply by reason of any illegal activity or possesion or any legal or illegal object or act by any person.

14. and that THE BELOW SIGNED acknowledges that his family or himself may be harmed by any injury to his person or property;that in relation to the aforementioned possibilities that may cause loss of income or schooling or may have any other adverse effect both known and unknown including all such effects caused by negligence and carelessness;

15. and and That the below signed may be required to sign additional documents or exculpatory agreements if circumstances demand such additional agreements, or he may be requred to sign in and/or reaffirm the existance of this or any other document he has previously signed and that he, will not have to pay any additional waiver charge or waiver fee for so doing.

16.PROMISE TO OBEY RULES The participant, or/and the below signed promise to obey all rules and regulations of this event, to obey the managers and persons in charge, that he, will be careful in any procedures, carry any and all proper load out items including but not limited to compass, frs radio, proper fitting eye, ear and nose protection, and any and all other required protection and if he is not sure what to carry or use the below signed is responsible for inquiries made made as to proper load out.

HOLD HARMLESS In consideration of the above and previous declarations, I, the below signed participant, combatant, non-combatant, casual observer, visitor, guest or any persons with or without cause to be present on the aforementioned property; do release from liability, hold harmless forever and agree not to seek suit or any claims against TOLCOM its members and principals; the landowner or his family or any person, company or party with an interest in the aforementioned property or any entity in which any, all or part of TOLCOM may be under its control or transferred to it at any subsequent time, including the WWII Western Front Assocciation, Joseph Clark, Susan L Clark, Scott Thompson,or any other participant including those in charge of the management and production of the event, that I will not cause any claim, action, demand or cause of action resulting from negligence of personnel, event organizers the landowner arising from my participation in any event on this property or thus being present for any reason.

(IF BELOW SIGNED IS A MINOR, THEN SKIP THIS SECTION AND GO TO FOLLOWING SECTION FOR "UNDER AGE", SIGN AND NOTORIZE THERE.)

PRINT NAME AND ADDRESS BELOW PLAINLY

Print email and phone number here plainly

I , THE UNDERSIGNED, HAVE READ THIS DOCUMENT AND DO AFFIX MY SIGNATURE WITHOUT DURESS AS MY FREE ACT AND DEED after having read and understood the contents of this document.
(sign here)

Notary

UNDER AGE SECTION

1. IF UNDER 18 YEARS OF AGE, THE PRINCIPAL OF THIS AGREEMENT ( THE BELOW SIGNED)MUST HAVE THE FOLLOWING DOCUMENT COMPLETED BY THEIR PARENT OR GUARDIAN;

2. "..................................being under 18 years of age does have my permission to participate in airsoft activity at TOLCOM on the aformentioned property and the above described premises and terms, and does have my permission to carry and possess an airsoft device or model on that private property and that I have provided the aquisition thereof.

3. I understand that all of the above terms apply to my child and that my signature upton this document thus binds myself and my child to the declarations above stated. 4. TO PARENTS AND GUARDIANS; WHILE MASSACHUSETTS LAW DOES NOT AT THIS TIME, DIRECTLY ADDRESS AIRSOFT BY NAME, TOLCOM RECOGNISES THE EXISTANCE OF LAWS RELATING TO BB GUNS SO CALLED AND THEIR POSSESSION AND USE BY MINORS UNDER 18 YEARS OF AGE. THESE LAWS ARE FOUND UNDER MASSACHUSETTS GENERAL LAWS, CHAPTER 269, SECTION 12A AND 12B. THESE LAWS PROHIBIT THE CARRYING OF BB GUNS BY THOSE UNDER 18 IN A PLACE WHERE THE PUBLIC HAS ACCESS UNLESS ACCOMPANIED BY AN ADULT AND PROHIBITS THE SALE OF ANY BB GUN TO ANY PERSON UNDER 18, AND OTHER REGULATIONS. PARENTS MAY BUY AND PROVIDE THESE BB GUNS TO THIER CHILD PATICIPANTS IN TOLCOM EVENTS HOWEVER.
WHILE TOLCOM AND THE PROPERTY IT USES HAS NO PUBLIC ACCESS, TOLCOM is ALWAYS EXAMINING INSTANCES WHERE THESE LAWS COULD EFFECT OPERATIONS HERE AND WE MAY ADJUST RULES TO COMPLY WITH THESE CONDITIONS, INCLUDING THE BARRING OF UNDER AGE PERSONS FROM CERTAIN EVENTS OR PARTS OF EVENTS. WE MAY LIMIT THE NUMBER OF UNDER AGE PERSONS PARTICIPATING HERE AND TO BE SURE THAT THOSE PARTICIPANTS OVER 18 YEARS OF AGE ARE IN CONSTANT DOMINANT NUMBERS.
CERTAIN RULES MAY CHANGE REGARDING ALL COMBAT SIMULATIONS TO BE CONSISTANT WITH THE ANY AGE REQUIREMENTS , OR OTHER REGULATIONS BY THE STATE. Signature of parent or guardian ....and notorized as being done without duress, of my free act and deed after having read and understood and accepted the contents of this document.
Signed: