I RECOGNIZE THAT AXE THROWING IS INHERENTLY DANGEROUS AND INCLUDES RISKS OF SERIOUS BODILY HARM (INCLUDING DISABILITY AND EVEN DEATH) AND PROPERTY DAMAGE AND HEREBY EXPRESSLY ASSUME ALL OF THE RISKS OF PARTCIPATING IN THIS ACTIVITY, including but not limited to any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I further recognize the hazards of the novel coronavirus (“COVID-19”) and I accept full responsibility for familiarizing myself with the most recent information regarding COVID-19. Despite the risks associated with COVID-19, I hereby willingly choose to participate in this activity.
I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate for medical reasons. I certify there are no health-related reasons for me to not participate in this activity. I further certify that I am familiar with the rules and regulations of the axe throwing facility and agree to abide by them. I agree to use ordinary and reasonable care at all times and will not be impaired by the use of drugs, alcohol, or any other substances during this activity.
In consideration of permitting me to participate in this activity, I hereby take the following actions for myself, my executors, administrators, trustees, heirs, next of kin, successors and assigns:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, the following entities and persons: BRANMO, LLC, and 2516 SUDDERTH, LLC, and their respective owners, managers, members, directors, officers, employees, volunteers, representatives, and agents (collectively the “Releasees”);
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Releasees from any and all liabilities or claims made as a result of my participation in this activity, whether caused by the negligence or other fault of Releasees, or otherwise.
(C) I understand that while participating in this activity, I may be photographed or videotaped, and hereby assign to Releasees all my rights to such photographs, videos, and film likenesses, and agree they may be used for any legitimate purpose by the Releasees, including commercial marketing.
This Assumption of Risk, Waiver and Release, and Indemnification Form shall be construed broadly to the maximum extent permissible under New Mexico law.
I CERTIFY THAT I HAVE READ THIS FORM, FULLY UNDERSTAND WHAT IT SAYS AND THAT IT IS A LEGALLY BINDING CONTRACT, THAT BY SIGNING IT I GIVE UP SUBSTANTIAL LEGAL RIGHTS I WOULD OTHERWISE HAVE, AND SIGN IT VOLUNTARILY AND OF MY OWN FREE WILL.
March 25, 2023