In consideration of the services provided by W&T Investments, LLC- AxeHole1, doing business as “The Axe Hole STL,”(from here on known as “The Axe Hole”) of 2549 Vandalia St., Collinsville, IL, 62234, and my desire to spectate and/or participate in the activities and services provided by The Axe Hole today and in the future (“The Activity”), I agree and acknowledge for myself, anyone claiming on my behalf, and (if applicable) for the members of my family, to the following terms:
AGREEMENT TO FOLLOW DIRECTIONS
I agree to observe and obey all posted rules and warnings and further agree to follow any oral directions or instructions given by The Axe Hole, or the employees, representatives, or agents of The Axe Hole.
PHYSICAL CONDITION/MEDICAL AUTHORIZATION
I hereby certify that I am physically fit for participation in The Activity, have the skill level required in conjunction with The Activity, and have not been advised otherwise. I agree that before I participate in the activity, I will inspect all related facilities and equipment. In connection with any injury sustained or illness or medical conditions experienced during my attendance in connection with The Activity, I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if I am not able to act on my own behalf. Additionally, I authorize medical treatment for me, at my cost, if the need arises; however, I acknowledge that The Axe Hole and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, servants, predecessors, successors, assigns, affiliated entities, heirs, personal representatives and all other persons, firms, or entities claiming by or through them (hereinafter known as “Released Parties”) shall have no duty, obligation, or liability arising out of the provision of, or failure to provide, medical treatment.
ASSUMPTION OF THE RISKS AND RELEASE
I recognize that there are certain inherent risks associated with the above described activity, including risk of physical or psychological injury, pain, suffering, disfigurement, dismemberment, permanent disability, temporary or permanent paralysis, and/or death, and I assume all related risks and voluntarily participate in the activity. I understand that such participation may also involve the risk of severe economic and property loss and damage. I understand that these risks may result from the actions, negligence, and failure to act of myself and others and from the condition of any property, facilities, or equipment used. I also understand that there may be risks involved that are not known to me or Released Parties, and may not be foreseen or reasonably foreseeable by any of us at the time of the Activity. Despite knowing these risks, I hereby elect to voluntarily participate in the Activity and agree to assume all related risks, including without limitation those enumerated above, and accept full responsibility for any injury of any kind or nature that I or my property may suffer arising out of or in connection with my participation in the Activity. I accept full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge the Released Parties for injury, loss, damage, or property theft arising out of my or my family’s use of or presence upon the facilities of The Axe Hole, whether caused by the fault of myself, my family, The Axe Hole, or other third parties.
I agree to indemnify, hold harmless, and defend The Axe Hole and the Released Parties against all claims, causes of actions, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of The Axe Hole.
I agree to pay for all damages to the facilities of The Axe Hole caused by any negligent, reckless, or willful actions by me or my family.
Any legal or equitable claim that may arise from participation in the above shall be resolved under Illinois law.
I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that The Axe Hole has offered to refund any fees I have paid if I choose not to sign this agreement.
ARMS LENGTH AGREEMENT
This agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement, or of any other application of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law. All mediation and arbitration proceedings shall be conducted through United States Arbitration and Mediation in St. Louis, Missouri.
PHOTOGRAPHS, VIDEOS AND RECORDINGS
I hereby grant The Axe Hole, its managers, employees, and owners (collectively) non-revocable permission to capture my image and likeness in photographs, videotapes, recordings, or any other media (collectively “images”). I acknowledge that The Axe Hole will own such images and further grant The Axe Hole permission to copyright, display, publish, distribute, use, modify, print, and reprint such images in any manner whatsoever related to The Axe Hole business, including without limitation, publications, advertisements, brochures, website images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the image by The Axe Hole prior to its use. I forever release and hold The Axe Hole harmless from any and all liability arising out of the use of the images in any manner or media whatsoever, and waive any and all claims and causes of action relating to use of the images, including without limitation, claims for invasion of privacy rights or publicity.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILIY SURRENDER CERTAIN LEGAL RIGHTS.