Community Axe Throwing LLC Waiver

RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK ("Release")

1.Parties

This agreement of Release of Liability, Waiver, and Assumption of Risk is entered into between the undersigned Releasor and the Releasees.

2. Waiver of Liability 

I, the Releasor, desire to participate in the Activity organized by the Releasees. In consideration for my participation in the Activity, I hereby expressly accept and acknowledge on behalf of myself, my representatives, heirs, agents, administrators, trustees, executors, assigns, and successors. Therefore, under the terms of this Release, I DO HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION the Releasees from any and all claims, 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 negligence, gross negligence, willful misconduct, or breach of statutory or other duty.

3. Assumption of Risk 

The Releasor ACKNOWLEDGES AND ACCEPTS that the Activity is inherently risky and dangerous, can be hazardous, and there is a possibility of personal injury, disfigurement, death, property damage, and/or loss resulting therefrom. The Releasor UNDERSTANDS that the risks associated with the Activity may arise out of contact and/or participation with other participants, equipment and other mishaps, by the Releasor's own actions or inactions, the actions or inactions of another, or by the condition of the facility where the Activity takes place, and/or by the negligence of the Releasees. The Releasor AGREES AND UNDERSTANDS that in order to participate in the Activity, he/she must agree to be bound by the terms of this Release of Liability and Assumption of Risk.

You must wear closed-toed shoes in order to participate in axe throwing and knife throwing activities. By wearing footwear that exposes your toes, you're at risk of injury including, but not limited to, axes and/or knives falling on your feet and/or hitting your feet causing minor to severe injury. If you decide to wear open-toed shoes despite being instructed not to do so either on this waiver and/or by an on-site employee, you assume all liability and risk by doing so.

4. Liability for Associated Costs 

The Releasor AGREES that he/she will be fully responsible for all costs and expenses that may be incurred in providing any special services to him/her, outside of the regular services agreed to or provided by the releases in connection with the Activity. This includes any and all costs relating to special travel, medical attention, or other special outlay for him/her personally, and to reimburse the release for all costs of these services as may be incurred by them for his/her benefits or at his/her request.

5. Confirmation of Understanding and Competency 

The Releasor HEREBY CONFIRMS that by executing this agreement, he/she is representing that he/she is of the full age of majority and that he/she HAS READ AND UNDERSTANDS this agreement. The Releasor ACKNOWLEDGES that he/she is not under the influence of any substance, including alcohol, illicit drugs, or prescription drugs, which may affect or impair his/her motor skills, judgment, or general ability to think clearly.

6. Waiver of Legal Action 

IT IS AGREED AND UNDERSTOOD that the Releasor will not make any claim or take any legal action against any other person or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity. IT IS FURTHER AGREED AND UNDERSTOOD that if, despite this Release, the Releasor or any other person on the Releasor's behalf commences such an action, or takes such proceedings, and the Releasees are added to such proceeding in any manner whatsoever, whether justified in law or not, the Releasor will immediately discontinue the proceedings and/or claims, indemnify, save and hold harmless the Releasees from any liability, and the Releasor will be jointly and severally liable to the Releasees for the legal costs incurred in defending such proceeding, on a substantial indemnity basis.

7. Estoppel 

This Release 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 Releasor with respect to the matters covered by this Release. This Release may be pleaded in the event any such claim, action, complaint, or proceedings is brought as a complete defense and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint, or proceeding on a summary basis. No objection will be raised by the Releasor in any subsequent action that the other parties in the subsequent action were not privy to formation of this Release.

8. Photographs, Videos, and Recordings 

I HEREBY GRANT the Releasees non-revocable permission to capture my image and likeness in photographs, videotapes, recordings, or any other media (collectively "images"). I ACKNOWLEDGE that the Releasees will own such images and FURTHER GRANT Releasees permission to copyright, display, publish, distribute, use, modify, print, and reprint such images in any manner whatsoever related to said business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the image prior to its use.

9. Completeness of Release 

The Releasor UNDERSTANDS AND AGREES that this Release contains the full and complete agreement between the parties hereto, that the terms of this Release are contractual, are not a mere recital, and that any breach of these terms may be enforced against the Releasor, and may give rise to a damage claim against the Releasor enforceable by a further legal proceeding. The Releasor FURTHER ACKNOWLEDGES that the Releasees have not made any oral, written, or visual representations or statements that are not otherwise reflected herein. IT IS FURTHER AGREED that this Release shall be binding upon the undersigned, and his/her respective heirs, executors, administrators, personal representatives, successors, and assigns.

10. Severability 

If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this document had been executed with the invalid provision eliminated.