NOTICE: BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE YOU SIGN! The person named below ("I" or "me" or "Releasor" or "Participant") wants to participate in and/or observe activities associated with the throwing and/or handling of axes and other woodsman/lumberjack events (“Activities”) at Steel City Axe, LLC, 2447 Bedford Street, Johnstown, PA 15904 and/or involving any mobile trailer of Steel City Axe, LLC. I understand that the Activities involve danger and can lead to injury, death, and/or property damage. I understand that no amount of care, caution, instruction, and/or expertise can eliminate these risks. I hereby certify that it is my voluntary choice to participate in and/or observe the Activities, that I am physically, mentally, and emotionally fit to participate in and/or observe the Activities, and that no healthcare professional has indicated that I should not participate in and/or observe the Activities. I further certify that I am not impaired by alcohol, drugs, or any other substance. I understand that if I choose to bring my own alcoholic beverage(s) ("BYOB") I am doing so at my own risk and I acknowledge that I am of legal age to do so in the Commonwealth of Pennsylvania and/or any state in which a mobile trailer owned by Steel City Axe, LLC is in use. I agree to comply with all applicable laws, rules, regulations, and ordinances. Therefore, in consideration of Steel City Axe, LLC and affiliates ("the Company") permitting me to participate in the Activities, and for other good and valuable consideration, I hereby expressly waive and release for myself, my heirs, successors and assigns any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever on account of all injuries and damages, known and unknown, both to person and property, or otherwise that I have or in the future may have against the Company, its affiliates, and their respective directors, officers, members, employees, agents, representatives, shareholders, successors and assigns (collectively, "Releasees"), arising out of or attributable to my participation in and/or observation of the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under legislation, case law, or otherwise. I hereby agree not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under all such claims. • ASSUMPTION OF RISKS • I ACKNOWLEDGE AND ACCEPT THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH AND/OR PROPERTY DAMAGE. I AGREE TO FOLLOW ALL SAFETY MEASURES. I AGREE THAT I AM SOLELY RESPONSIBLE FOR MY ACTIONS AND ANY CONSEQUENCES. CERTAIN RISKS MAY ARISE OUT OF CONTACT AND/OR PARTICIPATION WITH OTHER PARTICIPANTS OR EQUIPMENT. RISKS MAY ARISE DUE TO MY OWN ACTIONS, INACTIONS, THE ACTIONS OR INACTIONS OF OTHERS, THE CONDITION OF THE FACILITY WHEREIN THE ACTIVITIES TAKE PLACE, AND/OR THE NEGLIGENCE OF THE COMPANY. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND/OR HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH AND/OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE. I agree that I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of any kind, including but not limited to all legal fees and costs, in connection with any third-party claim, suit, action, complaint or other proceeding arising out of or resulting from the Activities. This Release of Liability, Waiver of Claims, Disclaimer, and Assumption of Risks shall operate conclusively as an estoppel in the event of any claim, suit, action, complaint or other proceeding which may be brought now or in the future by the Releasor, and/or Parent or Guardian on behalf of the Participant with respect to the matters covered by this Release of Liability, Waiver, Disclaimer, and Assumption of Risks. This Release of Liability, Waiver, Disclaimer, and Assumption of Risks may be pleaded in the event that any such claim, suit, action, complaint or other proceeding is brought, as a complete defense and reply, and may be relied upon in any proceeding to dismiss the claim, suit, action, complaint or other proceeding on a summary basis, and no objection will be raised by the Releasor, and/or Parent or Guardian on behalf of the Participant under any circumstances. I hereby grant permission to record my image, likeness and voice, and grant to the Company the rights of use of of my image, likeness and voice as recorded or streamed in photographs, audio, video and/or live-streams without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image, likeness and voice. By signing this Release of Liability, Waiver of Claims, Disclaimer, and Assumption of Risks, I grant my permission that photographic, audio, video and/or live-streams of me may be electronically displayed via the Internet, in marketing materials and/or other social media platforms. There is no time limit on the validity of this Release of Liability, Waiver of Claims, Disclaimer, and Assumption of Risks nor is there any geographic limitation on where these materials may be distributed. I understand and agree that all photographs, audio, video, livestreams and other media are the property of the Company. COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. Medical knowledge is evolving, but the virus is believed to spread through person to person contact, and/or by contact with contaminated surfaces and/or objects and/or through the air. People reportedly can be infected and contagious but have no symptoms. COVID-19 can cause serious and potentially life-threatening illness and even death. Steel City Axe, LLC cannot prevent any Participant from being exposed to, contracting, or spreading COVID-19 while engaging in the Activities. Therefore, if a Participant chooses to engage in the Activities, the Participant assumes the risk of being exposed to, contracting, or spreading COVID-19. ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby voluntarily choose to accept the risk of being exposed to, contracting, or spreading COVID-19 for myself and//or for any minor Participant in order to engage in the Activities in person. I hereby agree that the terms of this Release of Liability, Waiver of Claims, Disclaimer and Assumption of Risks shall apply to the risks of being exposed to, contracting, and/or spreading COVID-19, and any and all other risks related to COVID-19. In addition, in consideration of the Company permitting me to participate in the Activities, and for other good and valuable consideration, I hereby expressly waive and release for myself, my heirs, successors and assigns any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever on account of all injuries and damages related to COVID19, known and unknown, both to person and property, or otherwise that I have or in the future may have against Releasees arising out of or attributable COVID-19, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under legislation, case law, or otherwise. I hereby agree not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under all such claims. DECLARATION REGARDING COVID-19: COVID-19 Symptoms Main Symptoms
Fever (100.4 degrees F or Higher)
Cough
Shortness of Breath/Difficult Breathing Less Common Symptoms
Chills; Repeated Shaking with Chills, Blood Clots, Swollen Toes By signing this document, I hereby certify that that neither I nor the minor Participant, if I am signing on behalf of a minor Participant: Have tested positive for COVID-19.
Have had any symptoms of potential COVID-19 infection.
Have been in close contact (within 6ft.) with someone who is a confirmed or suspected COVID19 case.
Have traveled outside the continental US or have a family member/close contact who has traveled outside the continental US. If I am signing this Agreement on behalf of a minor Participant, I hereby certify that I am the Parent or Legal Guardian of the minor, have the legal right to consent to the minor's participation in the Activities, have the legal right to agree to the terms of this Agreement on behalf of the minor, and do agree to all terms of this Agreement on behalf of the minor. I acknowledge that this Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein, that the terms of this Agreement are contractual, are not merely a recital, and that this Agreement supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall ensure to the benefit of me and my heirs, Executors, Administrators, successors and assigns, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Pennsylvania, excluding any conflict of law, choice of law and/or other provisions that would cause the law of another jurisdiction to apply. Any claim or cause of action arising under this Agreement may be brought only in the Court of Common Pleas of Cambria County, Pennsylvania, and I hereby consent to the exclusive jurisdiction of said Court. I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES. I VERIFY THAT ALL OF MY INFORMATION SET FORTH BELOW IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I hereby certify that I am eighteen years of age or older (twenty-one years of age or older for BYOB). I have read this form and am signing it voluntarily. Dated: December 21, 2024 |
