Please read carefully and be certain you understand the implications. 1. I fully understand and appreciate that axes of any size are potentially dangerous objects, the dangers, hazards, and risks inherent in axe throwing, and the inherent risks associated with the use and misuse of axes. 2. I acknowledge and understand that I will be voluntarily engaging in activities that involve axes, which may result in the risk of serious injury, scarring, loss of important bodily function, permanent disability, or death, and may cause sever social or economic losses due to not only my own actions, inaction or negligence, but also to the action, inaction or negligence of others or conditions of the premises or of any equipment used. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time. 3. I believe that I am physically, emotionally, and mentally able to participate in axe throwing. 4. I will immediately remove myself from participation, and notify the nearest staff member if at any time I sense or observe any unusual hazard or unsafe condition, or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation. 5. I assume all the risks and accept responsibility for the damages following such injury, permanent disability, or death. 6. I release from, waive and discharge all actions, claims, or demands that I, my assignees, heirs, guardians, and legal representatives now have or hereafter have for damage or losses on account of injury, including permanent disability and death or damage to property, caused or alleged to be caused in whole or in part by the negligence or other acts of Wilmo Axes, its subsidiaries, shareholders, directors, officers, employees or agents, as a result of my participation in my axe throwing related activities. I hereby agree and covenant to save and hold harmless, indemnify, and defend any claim against Wilmo Axes, its subsidiaries, and its shareholders, directors, officers, employees or agents, as a result of my participation in any axe throwing related activities. 7. I agree that I, my assigners, heirs, guardians, and legal representatives agree not to sue Wilmo Axes, its subsidiaries, shareholders, directors, officers, employees or agents as a result of any axe throwing related activities. 8. I understand that drinking alcohol is not a requirement of the event. If I do consume alcohol during the event, I agree that I am over 21 years of age, and I do so of my own choice and volition and agree to drink responsibly. 9. I assume the risks associated with alcohol consumption and take full responsibility for my own actions, safety and welfare. 10. I agree to exercise ordinary and reasonable care at all times, and to not imbibe alcohol to the extent that my judgment ins impaired. I understand the potential risks associated with the consumption of alcohol and acknowledges that I do not have or am not aware of any medial condition(s) that would prevent me from consuming alcohol or would result in any injury or damage as a result of alcohol consumption. I acknowledge and agree that Wilmo Axes shall not be responsible or liable for any accident, injury, theft, loss or damage caused by my impaired judgment or negligence. 11. I agree and understand that the staff and or owners of Wilmo Axes reserve the right to refuse entry, suspend or cancel any axe throwing related activities at any time for any reason. I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I, the undersigned, if between 14-17 years of age, must have a parent or guardian present. Minors must be accompanied by an adult at all times when throwing axes at Wilmo Axes. As the parent or guardian of participating minor, parent/guardian personally assumes all foregoing risks and accepts personal responsibility for the damages following such injury, permanent disability, or death. Severability. The undersigned expressly agrees that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive, as is permitted by the law in the state of Delaware, and that if any portion thereof is held invalid, it is agreed that the remainder of the agreement, shall, notwithstanding, continue in full legal force and effect. Binding Arbitration. I, the undersigned, agree that any dispute relating to, referring to, involving or pursuant to this agreement of release of liability, waiver, assumption of risk and indemnity shall be resolved exclusively by binding arbitration according to the rules of the American Arbitration Association. Such proceedings will be governed by substantive law of the State of Delaware, excluding any application or consideration of the Arbitration Act of said state. Warning! By entering into this agreement, I am not relying on any oral or written representations or statements made by the Releasees, other than what is set forth in this agreement. DO NOT under any circumstances sign this waiver if you do not feel you can fully, competently, emotionally, and mentally adhere to each and every article above. I HAVE CAREFULLY READ THE ABOVE WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I DO SIGN IT VOLUNTARILY. I AGREE TO PARTICIPATE KNOWING THE RISKS AND CONDITIONS INVOLVED AND DO SO ENTIRELY OF MY OWN FREE WILL. Today's Date: October 23, 2024 |