Release of Liability, Waiver, and Assumption of Risk Agreement
This document is a release of liability and limits your right to recover damages in case of death, bodily injury, or property damage and also sets forth certain indemnification obligations. Please read carefully before signing.
This document is referred to hereinafter as the “RELEASE.”
RELEASEES: As used in this RELEASE, the term “Aggies’ Axes” means Aggies Axes LLC (referred to hereinafter as the “COMPANY”), and its owners, directors, officers, volunteers, employees, agents, affiliates, members, successors, assigns, owners, and/or lessors of the premises used to conduct Axe Throwing (collectively, “Releasees”).
AXE THROWING: As used in this RELEASE, the term “Axe Throwing” means all events or activities conducted by, sponsored by, associated with, or under the direction of the COMPANY in connection with entry into any part of the COMPANY premises. Axe Throwing includes, but is not limited to, throwing of axes, entry into any area where axe throwing takes place, observing others throwing axes, or otherwise participating or being involved for any purpose with Axe Throwing.
I, THE PARTICIPANT, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN AXE THROWING, including but not limited to, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I certify that I am physically fit, of proper age, and have not been advised to not participate in this activity by a qualified medical professional. I certify that there are no health related reasons or problems that preclude my participation in this activity. I certify that I am not under the influence of alcohol or any other drugs that would impair my judgment and ability to participate in this activity.
I acknowledge that Axe Throwing involves many inherent risks and carries with it the possibility of serious mental or physical injury, permanent disability, paralysis, loss of limbs, death, or property loss. Risks may arise out of contact and/or participation with other participants and equipment. Risks may be caused by my own actions or inactions, the actions or inactions of other participants, the condition of the facilities in which the activities take place, and/or the negligence of the RELEASEES and the COMPANY. I assume all of the risks, including but not limited to, being hit by an axe, cuts or similar injuries, over-throwing of an axe, splinters, axe bounce back, collision between myself and another person, equipment malfunction, slipping and/or falling, fatigue, stress, exhaustion, the unavailability of emergency medical care, and many other inherent and other safety risks which could cause social and economic losses that may not be known or readily foreseeable at this time.
I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
- I WAIVE, RELEASE, AND DISCHARGE the RELEASEES and the COMPANY from any and all liability, including but not limited to, my death, disability, personal injury, property damage, property theft, liability arising from the negligence of the RELEASEES, or actions of any kind which may hereafter occur to me.
- INDEMNIFY, PROTECT, SAVE, HOLD HARMLESS, AND PROMISE NOT TO SUE the RELEASEES and the COMPANY from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of released or otherwise.
I hereby grant and convey all right, title, and interest in any and all photographic images and video or audio recordings made by the COMPANY during my participation, including but not limited to any royalties, proceeds, or other benefits derived from such photographs or recordings.
This RELEASE shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I agree that in the event that any clause or provision of this RELEASE shall be held invalid by any court of competent jurisdiction, the invalidity of such a clause or provision shall not otherwise affect the remaining provisions of this waiver and release, which shall continue to be enforceable. I agree that any and all claims or litigation arising from my participation, or the participation of any minor who accompanies me in this activity will be governed by the laws of the state of New Mexico.
I, CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS DOCUMENT IS A CONTRACTUAL RELEASE FROM LIABILITY AND A CONTRACT AND I SIGN OF MY OWN FREE WILL.
By hitting ‘Agree and Sign’, I, the Participant, hereby consents to the use of my electronic signature in lieu of an original paper signature. I have the right to request that a paper copy be signed instead, which will be available at our location. By hitting ‘Agree and Sign’, I am waiving that right. After consent, I may upon written request to the COMPANY obtain a paper copy of the electronic record.
Minors Under the Age of 18