WAIVER AND RELEASE OF LIABILITY
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. Read this document carefully and fully. By signing this Waiver and Release of Liability, you give up your right to bring a court action to recover compensation or obtain any other remedy for any personal injury, death, or property damage however caused arising out of your participation in Axe Play, LLC’s activities and programs and your access and use of Axe Play LLC’s facility, now or at any time in the future.
In consideration of being allowed to use Axe Play, LLC's facility located at 142 Lowell Road, Hudson, New Hampshire 03051 (the "Facility") and to participate in any way in Axe Play LLC's activities, events, and programs, including, but not limited to, engaging in axe throwing or observing other participants engaged in axe throwing (collectively, the "Activities"), I, the undersigned, acknowledge, understand, and agree that:
1. The risk of injury from my use of the Facility and my participation in the Activities is significant, including the potential for permanent paralysis and death, and I have full knowledge and understanding of the inherent risks associated with such use of the Facility and participation in the Activities.
2. I, KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF AXE PLAY, LLC, its members, managers, officials, agents, employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of the Facility (collectively, "Releasees"), and knowingly and voluntarily assume full responsibility for my participation in the Activities.
3. I, for myself and on behalf of my heirs, executors, administrators, assigns, personal representatives, and next of kin, (A) HEREBY COVENANT NOT TO SUE AND HEREBY RELEASE ANY CAUSES OF ACTION, CLAIMS, OR DEMANDS OF ANY NATURE WHATSOEVER I, my heirs, executors, administrators, assigns, personal representatives, and next of kin may have, now or in the future, against the Releasees on account of personal injury, property damage, death or accident of any kind, arising out of or in any way related to my entry into, presence in, or use of the Facility or my participation in the Activities, whether that entry into, presence in, use or participation is supervised or unsupervised, and however the injury or damage occurs, including, but not limited to, as a result of the negligence of Releasees, and (B) AGREE TO INDEMNIFY AND HOLD HARMLESS Releasees from any and all causes of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any way related to my participation in the Activities and my access to, presence in, and use of Facility, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.
4. I willingly agree to comply with the stated and customary terms and conditions for participation in the Activities and with all posted rules and instructions given by Axe Play, LLC's employees. If I observe any unusual significant hazard during my presence or participation in the Activities, I will remove myself from participation and immediately bring such to the attention of Axe Play, LLC. I understand that by providing such terms, conditions, rules, and instructions and by asking to be made aware of any significant hazards, Axe Play, LLC does not take on any affirmative obligations for my safety and the existence of such terms, conditions, rules, and instructions, and the undertaking of any responses to significant hazards does not in any way alter the provisions of this Waiver and Release of Liability. I agree and confirm that I am knowingly and freely assuming all risks of the Activities.
I hereby certify that I am in good health and that I have no conditions or impairments which would preclude my safe participation in the Activities and my access and use of the Facility.
I expressly agree that the provisions of this Waiver and Release of Liability are intended to be as broad and inclusive as is permitted by the law of the State of New Hampshire and that if any portions hereof are held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT IT IS LEGALLY BINDING AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, CONFIRM THAT I AM 18 YEARS OF AGE OR OLDER, AND CONFIRM THAT I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Electronic Signature and Acknowledgement
Enter the date and your full name to acknowledge your electronic signature of this document.
Your Electronic Signature*
For Parents/Guardians of Minor Participants under the Age of 18
As the parent / guardian of the above named minor(s), I give permission for each of them to participate in events at Axe Play, LLC to include axe throwing under my supervision. I release Axe Play, LLC, its affiliates, sponsors, partners, employees, representatives and the venue from any liability in the event of an accident or injury.
Your Electronic Signature