RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND PUBLICITY RELEASE
READ CAREFULLY—THIS AFFECTS YOUR LEGAL RIGHTS
I agree to the following:
Bad Axes, LLC aka Bad Axes is an axe-throwing facility that allows customers to particpate in axe throwing games.
Participant ~ Any customer or guest on Bad Axes premises, including monors, and including guests who do not actually throw any axes.
Inherent Rists ~ As with all activities, there are inherent risks of injury at Bad Axes. Inherent risks are those risks that cannot be eliminated without changing the nature of the activity.
Some risks include, but are not limited to:
General facility risks ~ slips, falls, or trips due to uneven flooring, wet, icy or slippery surfaces, or items left on the floor; falling target and/or construction components.
Human error risks ~ erratic or negligent actions; failure to follow instructions, inadvertent inattentiveness, incorrect throwing or playing techniques, errors in judgement, failure to adequately train participants, judgement errors in emergency care, and inadequate emergency training of personnel.
Axe throwing risks ~ being hit by an axe - thrown or held - due to participant or staff inattentiveness, neglect, failure to follow instructions, incorrect throwing or playing techniques, errors in judgement, inadequate training, or purposeful or accidental assault and battery by a participant.
Types of injuries ~ All Participants must understand three categories of injuries which may oocur as a result of these inherent rists. The most common are minor injuries, which include but are not limited to hand injuries (splinters, calluses, skin tears, pinches, punctures and cuts), bruises and scrapes and muscle strains. Major injuries include but are not limited to broken bones, joint/ligament/tendon injuries, internal injuries, concussions, back injuries, and eye injuries. Catastrophic injuries, though very rare, include but are not limited to: loss of vision or hearing, permanent disabilities, heart attack, stroke, paralysis, or death.
In consideration for being allowed to participate in the Activity, which consideration is hereby expressly accepted and acknowledged, on behalf of myself, my representatives, heirs, agents administrators, trustees, executors, assigns, successors and on behalf of any party or parties who claim a right or interest through me (herein after, the "Particpant"), I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION the Releases from any and all claims I may now and/or in the future may have against the Releases, and from any and all liability, for any personal injury, death and/or property damage, expense, and/or loss sustained by me as a result of my participation in the Activity due to any cause whatsoever, including but not limited to and without limitation, negligence, gross negligence, willful misconduct, including the failure to take reasonable steps to safeguard or protect me from the risk, dangers, an/or hazards of participating in the Activity, and/or breach of statutory or other duty, including duties arising from occupier's liability legislation.
I recognize that there are certain significant risks associated with axe throwing activities organized by Bad Axes. These risks include, but are not limited to, serious bodily injuries and/or psychological harm caused by involvement in a stressful environment that may require some physical exertion. I agree to assume full responsibility for any personal injury I may sustain in connection with participation in the axe throwing activities organized by Bad Axes, and I release and discharge Bad Axes and its owners, employees, representatives, and agents from any liability for any injuries I may sustain, including injuries caused by the negligence of Bad Axes or its employees, representatives, or agents.
I agree to indemnify and defend Bad Axes and its owners, employees, representative, and agents against all claims, causes of action, damages, judgments, cost, or expenses, including attorney fees and other litigation costs and expenses, which may in any way arise out of my participation in axe throwing activities organized by Bad Axes, including injuries caused by the negligence of Bad Axes or its employees, representatives, or agents.
I agree to pay for all damages to the facilities of Bad Axes caused by my negligent, reckless, or willful conduct.
I agree to observe and obey all posted rules and warnings, and to follow any oral instructions or directions given by Bad Axes or its employees, representatives or agents.
It it agreed and understood that the Participant will not sue Bad Axes for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation in the axe throwing activities.
I also agree to indemnify, and to save and hold harmless Bad Axes and its owners and/or employees from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of Bad Axes or otherwise.
This Release of Liability, Waiver, and Assumption of Risk shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future by the Particpant. This Release of Liability, Waiver, and Assumption of Risk may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defence and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised by the Participant in any subsequent action that the other parties in the subsequent action were not privy to the formation of this Release.
I agree and acknowledge that I am under no pressure or duress to sign this Release and that I have been given a reasonable opportunity to review it before signing.
The invalidity or unenforceability of any provision of this Release, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Release or of any other application of such provision, as the case may be.
I give Bad Axes authority to secure help and/or administer emergency first aid, when deemed necessary and give Bad Axes authority to secure emergency medical care/transportation and I agree to assume all costs of care and transportation.
I will inform Bad Axes of any injury (even minor injuries) prior to leaving the Bad Axes facility.
I authorize Bad Axes and those acting under its authority to take images and recordings of me and to use my name, photograph, voice and/or likeness for advertising, trade and/or publicity purposes, without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet, without notice, review or approval. I further agree that Bad Axes owns all images and recordings it takes of me, and I waive any and all interest in the images and recordings. The permissions granted hereby shall continue to be in force and effect forever, unless I revoke the permissions by sending a written revocation to Bad Axes at PO Box 465, Ephraim, UT 84627.
I acknowledge that I have read and fully understand the foregoing release of liability.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I UNDERSTAND THAT BY CHECKING THE BOX BELOW, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
I agree to obey all rules and alert the staff to any rules violations or dangerous behavior of co-participants.
I understand I am to cease activity immediately and inform staff if I feel any unusual discomfort or serious injury.
I agree to obey all posted signs and oral instructions given by Bad Axes owners and employees.
I acknowledge that Bad Axes has authority to end my participation without refund if my participation presents a danger to myself and/or others or if I fail to follow rules or procedures.
By my signature below, I understand and acknowledge that the Property Owner of the location where Bad Axes operates its business is not associated with, or in any way connected with Bad Axes. I expressly waive any and all right to assert a claim against the Property Owner for any injury or property damage I, or my minor child, sustain as a patron, employee or guest of Bad Axes. I agree to indemnify and hold the Property Owner harmless from liability for any such claims. If I file action despite this waiver, I also agree to pre-pay attorney's fees and costs for the Property Owner to defend against that action. For purposes of this paragraph, the term "Property Owner" includes the property owner, members of the company which owns this property, managers of the property, employees, agents, affiliates, legal representatives, successors, and assigns.
Electronic Signature and Acknowledgement
I HAVE READ THIS DOCUMENT THOROUGHLY.
I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I GIVE UP SUBSTANTIAL LEGAL RIGHTS I WOULD OTHERWISE HAVE.
I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.
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