WARNING: BY SIGNING THIS WAIVER YOU ARE WAIVING CERTAIN LEGAL RIGHTS – PLEASE READ THE DOCUMENT BELOW CAREFULLY
Deep Creek Lake Adventures LLC, DBA Deep Creek Axe Throwing Company (“Deep Creek Axe Throwing Company”) is an axe-throwing facility that allows customers to participate in axe throwing games.
For purposes of this document, Deep Creek Axe Throwing Company shall include Deep Creek Lake Adventures LLC, DBA Deep Creek Axe Throwing Company, themselves, their present and former parent, subsidiaries, affiliates and related companies and each of their respective present and former directors, officers, shareholders, employees, independent contractors, vendors, affiliates, volunteers, servants, agents, administrators, trustees, successors and assigns and any party or parties who claim a right or interest through them.
Definition – Participant: Any customer or guest on Deep Creek Axe Throwing Company’s 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 Deep Creek Axe Throwing Company. 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: All Participants must 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: permanent disabilities, paralysis, or death.
Assumption of Inherent Risks: The signer acknowledges that he/she had read the above warning regarding the nature of activities at Deep Creek Axe Throwing Company and its associated risks. The Participant affirms that (1) he/she understands the demands of axe throwing at Deep Creek Axe Throwing Company relative to his/her skill level and health condition; (2) he/she understands the types of injuries that may occur as a result of Deep Creek Axe Throwing Company’s activities and is not relying on Deep Creek Axe Throwing Company to list all of the potential associated risks; (3) he/she understands the potential impacts of the risks on his/her well-being, lifestyle, and potential future careers. Participant hereby asserts that his/her participation is voluntary and that he/she knowingly assumes all inherent risks, both known and unknown.
In consideration for being allowed to participate in the Activity on the date as set out below, which consideration is hereby expressly accepted and acknowledged, on behalf of myself, my representatives, spouse, heirs, agents administrators, trustees, executors, assigns, successors and on behalf of any party or parties who claim a right or interest through me (hereinafter, the “Releasor”), I HEREBY WAIVE, RELEASE, ACQUIT, FOREVER DISCHARGE, AND COVENANT NOT TO SUE WITHOUT QUALIFICATION OR LIMITATION Deep Creek Lake Adventures, doing business as Deep Creek Axe Throwing Company (themselves, their present and former parent, subsidiaries, affiliates and related companies and each of their respective present and former directors, officers, shareholders, employees, independent contractors, vendors, affiliates, volunteers, servants, agents, administrators, trustees, successors and assigns and any party or parties who claim a right or interest through them), from any and all claims I may now and/or in the future may have against the Deep Creek Axe Throwing Company, and from any and all 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 and without limitation, negligence, gross negligence, willful misconduct, including the failure to take reasonable steps to safeguard or protect me from the risk, dangers, and/or hazards of participating in the Activity, and/or breach of statutory or other duty, including duties arising from occupier's liability legislation.
- I understand that if, in spite of the above clause, legal action is brought, either the appropriate trial court in Garrett County, MD has the sole and exclusive jurisdiction and that only the substantive laws of the Garrett County, MD shall apply.
- I give Deep Creek Axe Throwing Company authority to secure help and/or administer emergency first aid, when deemed necessary and give Deep Creek Axe Throwing Company authority to secure emergency medical care/transportation and I agree to assume all costs of care and transportation.
- I will inform Deep Creek Axe Throwing Company of any injury (even minor injuries) prior to leaving the Deep Creek Axe Throwing Company facility. · Media Release: Deep Creek Axe Throwing Company 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 understand I am to cease activity immediately and inform staff if I feel any unusual discomfort or serious injury.
- I agree to obey all posted signs and stay out of prohibited areas.
- I acknowledge that Deep Creek Axe Throwing Company 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 affirm that I am of the full age of majority and that I have read, and understand this agreement. I further affirm that I am not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs, which may affect or impair my motor skills, judgment, or general ability to think clearly.
ACKNOWLEGEMENT OF UNDERSTANDING: I, THE PARTICIPANT, HAVE READ THIS ASSUMPTION OF RISK AND WAIVER OF LIABILITY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS THAT MIGHT BELONG TO ME.
Date Signed: April 5, 2020