Player Details
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RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND PUBLICITY RELEASE
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.
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.
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.