WAIVER, RELEASE OF LIABILITY AND ASSUMPTION OF RISK
In consideration of allowing me to participate in axe throwing and related activities and/or use of the Equipment, facilities, premises and services of The Battle Axes LLC ("Battle Axes"), I hereby agree as follows:
- I agree to observe and follow all applicable rules for participation and safety, all posted rules and warnings and all oral instructions or directions provided by Battle Axe, its employees, representatives and agents.
- I believe that I am mentally, physically and emotionally able to participate in axe throwing or attending or observing such activity.
- I understand that wearing closed-toe footwear is recommended and that wearing any footwear that exposes my toes or feet is putting myself at risk or possible injury.
- If I bring or use my own equipment, I will inform Battle Axes staff that I intend to use my own equipment, and I consent to inspection of such equipment by any employee of Battle Axes. Notwithstanding any such inspection, I represent and warrant that such equipment is fit for my use in axe throwing activities, is of appropriate size and standards and that Battle Axes bears no responsibility for the condition of such equipment or its fitness for use for axe throwing or any other purpose.
- I will immediately alert Battle Axes staff if any equipment that is being used by me that belongs to Battle Axes is broken, chipped, contains any loose parts or otherwise appears to be unsafe, defective or in disrepair.
- I will immediately notify the nearest Battle Axe employee if at any time I sense or observe any dangerous, unusual, hazardous, illegal, non-permitted or unsafe behavior, conduct or activity by anyone on or present at Battle Axe's premises or using its equipment or facilities.
- I understand and agree that consuming alcohol is not permitted on or at Battle Axe's premises. I further agree to not participate in axe throwing and related activities while intoxicated and/or if I am not fully able to conduct myself in a safe and respectable manner. I acknowledge and agree that Battle Axe employee has the right to refuse to allow me to attend or participate in any activity on or at Battle Axe's premises if such employee reasonably believes that I am intoxicated or if I fail to follow and observe any rule, warning, policy, direction or instruction of Battle Axes intended to protect persons or property.
- I ACKNOWLEDGE AND AGREE THAT THERE ARE CERTAIN RISKS INHERENT IN AND ASSOCIATED WITH THE ACTIVITIES DESCRIBED IN PARAGRAPH 1 ABOVE, I ASSUME ALL RISK OF AND FULL RESPONSIBILITY FOR PERSONAL INJURY TO MYSELF WHILE PARTICIPATING IN SUCH ACTIVITIES AND/OR WHILE PRESENT ON OR AT BATTLE AXE’S FACILITIES OR PREMISES, AND I FURTHER RELEASE AND DISCHARGE BATTLE AXE FOR ALL INJURY, LOSS OR DAMAGE TO MY PERSONAL PROPERTY ARISING OUT OF OR RELATED TO MY USE OF OR PRESENCE ON OR AT BATTLE AXES FACILITIES OR PREMISES. IF I AM PREGNANT, I ACKNOWLEDGE AND AGREE THAT I AM SOLELY RESPONSIBLE FOR THE HEALTH, WELFARE AND SAFETY OF MY UNBORN CHILD AND REPRESENT THAT I HAVE PERMISSION FROM MY PHYSICIAN TO PARTICIPATE IN THE ACTIVITIES DESCRIBED IN PARAGRAPH 1 ABOVE.
- ON BEHALF Of MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND EMPLOYERS (COLLECTIVELY, THE "RELEASING PARTIES"), I HEREBY RELEASE AND FOREVER DISCHARGE BATTLE AXES AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS (EACH SOLELY IN THEIR CAPACITY AS SUCH AND COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, DEMANDS, JUDGMENTS, COSTS, AITORNEYS' FEES AND EXPENSES, KNOWN AND UNKNOWN, THAT ANY OF THE RELEASING PARTIES HAS OR EVER HAD OR MAY IN THE FUTURE HAVE AGAINST ANY OF THE RELEASED PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO MY PARTICIPATION IN THE ACTIVITIES DESCRIBED IN PARAGRAPH I ABOVE AND/OR MY USE OF OR PRESENCE ON OR AT BATTLE AXE'S FACILITIES OR PREMISES.
- I agree to indemnify, defend and hold harmless each of the Release Parties from any and all liabilities, claims, suits, causes of action, damages, judgments, attorneys' fees and litigation related expenses arising out of or relating in any way to my participation in the activities described in paragraph 1 above and/or my use or presence on or at Battle Axe's facilities or premises.
- In the event that Battle Axe or any of its employees takes photographs or videos of me, I hereby release full copyright of those photographs and videos to Battle Axes LLC without any further form of payment for use with any advertising now or in the future. Battle Axes LLC and I agree and grant the perpetual, irrevocable and unrestricted right to utilize and publish any video and/or photographs of me, or where I may be included for marketing purposes only for Battle Axes LLC with any retouching or alteration necessary.
- I agree that I am responsible for all liabilities, claims, damages, costs and expenses, including, without limitation, damage to the building, facilities, equipment or targets of Battle Axe, arising out of or caused by my use of excessive force while participating in the activities described in paragraph 1 above.