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Dueling Axes - Membership Application and Liability Waiver

Rules and Safety

At Dueling Axes, LLC, our number one priority is providing our customers with a safe setting in which to enjoy Dueling Axes, LLC’s uniquely fun experience. It is imperative that all safety rules be followed strictly and at all times. We ALWAYS strive to make our customers’ safety our primary responsibility. Dueling Axes, LLC requires all employees and customers to adhere to the following Lane rules and safety instructions.

Setting the Lane Capacity

Dueling Axes, LLC reserves the right to set Lane capacity from time-to-time as it deems fit and as safety dictates.  During open throwing the Lane capacity may be different than during leagues, tournaments, or other competitions.

Rules

  • Customers must have on clean and dry clothes. No wet clothes allowed.
  • Customers must wear closed toe shoes and shirt while in the Dueling Axes, LLC facility.
  • Customers may NOT be intoxicated while in the Dueling Axes, LLC facility.
  • Customers must follow all rules. Rules are established for Customers’ safety and the safety of spectators, visitors, employees and others in the Dueling Axes, LLC facility. Failure to follow the rules may cause immediate ejection from the Dueling Axes, LLC facility and forfeiture of all payments and fees paid to Dueling Axes, LLC.
  • Dueling Axes, LLC reserve the right to refuse service to any person who does not follow the rules or has, be experience, demonstrated reluctance or failure to follow the rules.
  • Customers may bring their own food and beverage, including alcoholic beverages into the Dueling Axes, LLC facility provided the food or beverage does not impair the Customers’ ability to follow the rules and, provided further, Customers must follow all laws related to alcoholic beverages.
  • Dueling Axes, LLC reserves the right to deny or withdraw service to Customers who abuse the privilege of bringing their own food and/or otherwise do not follow the rules.
  • Customers must always be in control of themselves.
  • Spectators may not throw or handle axes at any time.
  • Axes may not be removed from the assigned throwing lane and only one axe is permitted per lane.
  • When handling an axe, you must be aware of your surroundings and handle the axe in a safe manner.  No swinging the axe, do not gesture with an axe and absolutely no flipping of the axe.
  • Only one thrower may enter the throwing lane at a time.
  • All guests must keep their hands, fingers and body parts off of the throwing lane partition fencing.
  • Dueling Axes, LLC reserves the right to modify, edit, and add additional rules as necessary, written or oral, to provide a safe setting in which to enjoy Dueling Axes, LLC’s uniquely fun experience.

The Rules Speech

Every customer that enters the Dueling Axes, LLC facility must first hear the “Rules Speech” from a Dueling Axes, LLC employee before they enter a Lane. Even if the customer has been to Dueling Axes, LLC before, the customer must still must hear the Rules Speech. Customers must hear it every time they come back to Dueling Axes, LLC.

The Rules Speech:

Hi everyone, welcome to Dueling Axes, LLC. My name is <name> and this is <name> (if applicable) and we will be your Lane monitors today. Please make sure to read the rules if you have not already. Everyone should have read, agreed to, and signed the Participant Agreement, Release and Assumption of Risk, right? If you haven’t you need to do that right now before I go on. Otherwise, you cannot go to a Lane. Are we good?

I want to remind everyone of a couple things today. The rules have been established to provide a safe setting in which to enjoy Dueling Axes, LLC’s uniquely fun experience. Compliance with all rules, whether written or given to you orally by me or any other Dueling Axes, LLC agent is mandatory. Failure to abide by the rules may cause injury to you or to others and will result in immediate ejection from the facility.

Lastly, please remember that axe throwing is a physical activity that requires your utmost physical and mental attention to details. You need to be aware of your surroundings at all times. Do not perform tricks and do not engage in activities other than those for which the axe throwing lanes have been established. It can result in serious injury.

Does anyone have any further questions? No? OK. Have a great time guys.

Participant Agreement, Release and Assumption of Risk

In consideration of the services of Dueling Axes, LLC, a Ohio Limited Liability Company their successors in interest, owners, officers, affiliates, volunteers, participants, employees, franchisors, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “DUELING AXES”) and other good and valuable considerations the receipt of which I acknowledge is sufficient and received, I hereby release, indemnify, and discharge DUELING AXES, on behalf of myself, my spouse, my children, my wards, my parents, my heirs, assigns, personal representative and estate from any and all claims of whatever nature arising out of or related to participation in activities of any kind at the DUELING AXES facilities including but not limited to the following:

  1. I acknowledge that my participation in a DUELING AXES axe throwing activity entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: Risks include the negligence of other participants or myself resulting in injuries including lacerations, burns, sprains, fractures, scrapes, bruises, cuts, dislocations, pinched fingers, and serious injuries to the feet, head, back, or neck which can cause concussion, amputation, paralysis, or even death. Axe throwing exposes its participants to the usual risk of cuts and bruises. Other more serious risks exist as well. Participants could fall, drop equipment, sprain or break, bruise, or cut fingers, wrists, ankles and legs, and can suffer more serious injuries as well. Traveling to and from Lane locations raises the possibility of any manner of transportation accidents. Participants must acknowledge these dangers and participation in axe throwing must be done at the participant’s own risk. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense. Furthermore, DUELING AXES employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. I specifically release and hold DUELING AXES harmless from any and all claims arising from these risks.
  2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to provide immediate written notice to DUELING AXES if I become aware of any injury or damage to myself, another person, or any property and in any event shall provide such written notice at the latest, before I leave the DUELING AXES facilities on the date during which the injury or damage occurred. I will complete and sign a Witness and/or Injured Person’s Statement of Accident on a form to be provided to me by DUELING AXES before I leave the DUELING AXES’ facility if I am injured or witness any injury to person or property.
  3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless DUELING AXES from any and all claims, demands, or causes of action, which I may sustain while on the premises or are in any way connected with my participation in DUELING AXES activities or my use of DUELING AXES's equipment or facilities including any such claims which allege negligent acts or omissions of DUELING AXES.
  4. Should DUELING AXES or anyone acting on behalf of DUELING AXES, be required to incur attorney's fees and costs to enforce this agreement, including to defend or respond to any claim which I have waived or from which I have released DUELING AXES hereunder. I agree to indemnify and hold DUELING AXES harmless for all such fees and costs.
  5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

In the event that I file a lawsuit against DUELING AXES, I agree to do so solely in the state of Ohio, and I further agree that the substantive law of Ohio shall apply to that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against DUELING AXES on the basis of any claim from which I have released DUELING AXES herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I acknowledge DUELING AXES would not allow me to participate in activities at DUELING AXES’ facility if I do not agree to the terms and conditions of this Participant Agreement, Release and Assumption of Risk.

I further grant Dueling Axes, LCC the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child’s/wards’ name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation. I would like to receive free email promotions and discounts to the email address provided above. I may unsubscribe to emails from Dueling Axes, LLC at any time. I read and will follow the Rules and Safety materials provided by DUELING AXES and heard or will listen to and follow The Rules Speech.

Membership Agreement and Rules

The Club reserves the right to change or modify, in its sole and absolute discretion, its Standard Operating Hours at any time. 

The Club reserves the right, in its sole and exclusive discretion, to close the Club for a private event during Standard Operating Hours no more than six (6) times during the Operating Season. Members will be notified of the closure via email. The Club may be booked for a private event at any time outside of the Operating Season or Standard Operating Hours.

Members and their guests shall be mindful of their behavior and how it affects other members, building tenants, and the general public. 

To avoid noise complaints from nearby residents, Members and guests whose behavior is deemed to be loud, inappropriate, and/or offensive will be asked to leave the Club.

Damage: Members and their guests shall be respectful of Club property, and shall not steal, damage, or vandalize such property, including the buildings lobby entrance, and restrooms. If a Member damages any item of Club property, his or her account shall be billed for all damage caused thereby, and the Club may cancel their membership with no proratation or refund of Membership dues. Likewise, if any guest of a Member damages any item of Club property, the account of the Member who sponsored such guest shall be billed for all damage caused by his or her guest, and the Club may cancel the sponsoring Member’s membership with no proratation or refund of Membership dues

Photography and Advertising: The Club reserves the right to take photos and use them for advertising and social media purposes. Members and their guests may take photographs, provided the volume or nature of such photography does not adversely affect the environment or the enjoyment of other guests, in which case, Staff may request that such photography be discontinued

Food: Members and their guests may bring their own meals to the Club, provided that his or her items of food are kept neat and the consuming Member or guest cleans up after him- or herself. No portable grills or cooking on-site is allowed. 

Alcohol:  Members and their guests may bring beer or wine into the Club at any time.  Members may not consume any alcoholic beverage if they are not at least 21 years of age.  If a member is found to be drinking alcohol while not at least 21 years of age, their membership will be immediately revoked and they will be asked to leave the club.  No member shall bring hard liquor or mixed drinks to the club and any member or guests seen with hard liquor or mixed drinks will be removed from the premises immediately.  Open alcohol containers may not be removed from the club from either the front door into public space or into the lobby of the building.  Members assume all liability regarding open container laws in the state of Ohio if this rule is not followed.   Members and guests shall not pass alcoholic beverages to minors, or allow anyone in their care who is not of age or does not have a valid ID to consume alcohol. 

Club Staff reserve the right to refuse or discontinue service to anyone at any time with or without a reason

Each and every Member, and each and every of his or her guests, must bring a valid form of identification each and every time they visit the Club. This is required by state and local law enforcement, and is not subject to any exception. Valid forms of identification include a state-issued drivers license or identification card, passport, or military ID. ID’s must not be expired or damaged.

Furniture: Members and their guests are invited to enjoy the Club’s lounge furniture, but shall not move the furniture, or spread out in a manner that restricts other Members and their guests from finding seating or accessing walkways. Walkways shall have thirty-six inches (36”) of clearance at all times. 

Verbal Abuse: Our staff treats all Members and their guests with the utmost respect, and the Club insists that our Members and their guests treat such staff and each other with the same courtesy. At no time and under no circumstances whatsoever shall the Club tolerate abusive, violent, destructive, menacing, and/or harassing behavior from a Member or their guest. If such behavior occurs, the Club reserves the right to remove the Member and their guests from the premises immediately. 

Access and entry: As part of the initiation fee, Members are provided one membership card per Member. This card must be used to access the club. Members must NEVER let another person borrow their card; guests may only attend the Club with their host Member present. The Club Staff will call Last Call 15 minutes before closing each night.  Members and guests are asked to leave the Club in a timely fashion and not loiter extensively. There is no parking available on-site. Members and guests are responsible for finding parking for their vehicles.

Guests and Family:  A Member may bring their children (up to 13 years of age), with them at any time for a reduced charge and may bring their children up to 17 years of age but withot a discount. Once a child reaches 18 years of age, they must apply for their own membership.  A member can bring up to three (3) guests with them each day, with each guest charged a daily guest pass.  

Membership Dues: : Memberships are sold on an annual basis, with a calendar year of begining and ending on the date of their membership application.  Initiation Fee: $5 per person, one-time fee as well as a discounted first reservation rate of $30.  This discounted rate policy may be revoked at any time for any reason.  Guest Pass: $1 per guest, temporary single day spectator pass.   The Club reserves the right to increase membership dues for new or renewing members on an annual basis.  All dues, fees, and charges are billed directly to the Member directly. Payments for dues or services can be made by cash, check, or credit card. 

In order to be eligible for membership, a candidate must meet the following criteria:  The candidate must be at least 18 years of age.  The Club does not discriminate against candidates for membership based on gender, sexual orientation, race, religion, disability, or creed.

this Membership Agreement may be amended from time to time at the sole and absolute discretion of the Club

Such other policies and practices which may be implemented from time to time by the Club. I further acknowledge that membership in the Club is subject to suspension or termination for failure to abide by the terms and conditions contained in this Membership Agreement or any of the Membership Provisions. 

 

Dated: December 9, 2019

First Members Name

First Name*

Last Name*

Phone*
First Members Date of Birth*
First Members Signature*
Second Members Name

First Name*

Last Name*
Second Members Date of Birth*
Third Members Name

First Name*

Last Name*
Third Members Date of Birth*
Fourth Members Name

First Name*

Last Name*
Fourth Members Date of Birth*
Fifth Members Name

First Name*

Last Name*
Fifth Members Date of Birth*
Sixth Members Name

First Name*

Last Name*
Sixth Members Date of Birth*
Seventh Members Name

First Name*

Last Name*
Seventh Members Date of Birth*
Eighth Members Name

First Name*

Last Name*
Eighth Members Date of Birth*
Ninth Members Name

First Name*

Last Name*
Ninth Members Date of Birth*
Tenth Members Name

First Name*

Last Name*
Tenth Members Date of Birth*
Members Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above. (“Minor”) being permitted by DUELING AXES to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless DUELING AXES from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor, including but not limited to those claims which allege negligent acts or omissions of DUELING AXES, to the fullest extent permitted by law. I further certify that I am the parent or legal guardian of Minor and I have the power and authority to sign this agreement on behalf of and to bind Minor to the terms hereof.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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