Definition – Participant: Any customer or guest on Restaurant Concepts’ premises, including minors, and including guests who do not actually throw any axes.
Inherent Risks: As with all activities, there are inherent risks of injury at Restaurant Concepts. Inherent risks are those risks that cannot be eliminated without changing the nature of the activity.
Some risks include, but are not limited to:
General facility risks: slips, falls, or trips due to uneven pavement or flooring, wet, icy, or slippery surfaces, or items left on the floor; falling target and/or construction components.
Human error risks: erratic or negligent actions; failure to follow instructions, inadvertent inattentiveness, incorrect throwing or playing techniques, errors in judgment, failure to adequately train participants, judgment errors in emergency care, and inadequate emergency training of personnel.
Axe throwing risks: being hit by an axe – thrown or held – due to participant or staff inattentiveness, neglect, failure to follow instructions, incorrect throwing or playing techniques, errors in judgment, inadequate training, or purposeful or accidental assault and battery by a participant.
Types of Injury: I understand three categories of injuries that may occur as a result of these inherent risks. The most common are minor injuries, which include but are not limited to hand injuries (splinters, calluses, skin tears, pinches, punctures, and cuts), bruises and scrapes, and muscle strains. Major injuries include, but are not limited to, broken bones, joint/ligament/tendon injuries, internal injuries, concussions, back injuries, and eye injuries. Catastrophic injuries, though very rare, include but are not limited to: loss of vision or hearing, permanent disabilities, heart attack, stroke, paralysis, or death.
Assumption of Inherent Risks: I acknowledge that I have read the above warning regarding the nature of activities at Restaurant Concepts and their associated risks. I affirms that (1) I understand the demands of axe throwing at the premises relative to skill level and health condition; (2) I understand the types of injuries that may occur as a result of my activities and I am not relying on Restaurant Concepts to list all of the potential associated risks; (3) I understand the potential impacts of the risks on my well-being, lifestyle, and potential future careers. I knowingly assumes all inherent risks, both known and unknown.
Waiver of Liability for Negligence: In consideration of being permitted to use the facility and services and participate in activities at the premises, today and on all future dates, I, on behalf of myself and my spouse, heirs, personal representatives, assigns, or others making a claim on my behalf, do hereby release, waive, discharge Restaurant Concepts or Broadway, or any of their respective owners, directors, officers, employees, members, lessors, lessees, volunteers, independent contractors, equipment providers, and agents, (hereafter referred to, collectively, as “Protected Parties”) from liability from any and all claims arising from (1) the NEGLIGENCE of Restaurant Concepts, Broadway or other Protected Parties, and (2) the presence of Participant on the premises of Restaurant Concepts. I further agree not to sue any of the Protected Parties with respect to any such released claims. This Release also applies to, but is not limited to, any/all claims resulting from the damage to, loss of, or theft of property. I hereby release Restaurant Concepts and Broadway from any claims and rights that I have 1) now against either of them and/or 2) may have in the future against either of them.
- I affirm that I am not impaired by drugs or alcohol and that I am legally competent to sign this Agreement.
- I agree that if I bring any legal action against Broadway or Restaurant Concepts, the exclusive venue will be courts sitting in Nashville, TN and that the substantive laws of the State of Tennessee shall apply.
- I give Restaurant Concepts authority to secure help and/or administer emergency first aid, when deemed necessary and give Restaurant Concepts authority to secure emergency medical care/transportation and I agree to assume all costs of care and transportation.
- I will inform Restaurant Concepts of any injury (even minor injuries) prior to leaving the Restaurant Concepts facility.
- Media Release: Restaurant Concepts has my permission to use any photographs, images, or likenesses taken of the Participant in its marketing brochures, ads, videos, website, or other media.
- I agree to obey all rules and alert the staff to any rules violations or dangerous behavior of co-participants.
- I agree to obey all posted signs and stay out of prohibited areas.
- I acknowledge that Restaurant Concepts has authority to end my participation without refund if my participation presents a danger to myself and/or others or if I fail to follow rules or procedures.
I HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER, RELATING TO, OR CONNECTED WITH THESE TERMS AND CONDITIONS OF THIS RELEASE OF LIABILITY.
ACKNOWLEDGEMENT OF UNDERSTANDING: I, THE PARTICIPANT, HAVE READ THIS RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS THAT MIGHT BELONG TO ME.