Sauced BBQ & Spirits (“Sauced”) offers customers the opportunity to participate in axe throwing games within the designated axe throwing enclosures and subject to the customer’s strict compliance with the terms and conditions set forth herein.
Definition – Participant: Any customer or guest within the designated axe-throwing enclosed area (“Axe Throwing Area”) on Sauced’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 of any Participant who enters the Axe Throwing Area. 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: loss of vision or hearing, permanent disabilities, heart attack, stroke, paralysis, or death.
Assumption of Inherent Risks: The signer acknowledges that he/she had read the above warning regarding the nature of activities that take place within the Axe Throwing Area and their associated risks. The Participant affirms that (1) he/she understands the demands of axe throwing within the Axe Throwing Area relative to his/her skill level and health condition; (2) he/she understands the types of injuries that may occur as a result of such activities and is not relying on Sauced 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.
Alcohol Consumption: The signer acknowledges that he/she may be subject to disqualification to participate in the axe throwing activities if the Participant appears, upon reasonable determination by Sauced employees, to be intoxicated. Signer further acknowledges and agrees that the Participant is disqualified from participating if the Participant has consumed a “shot” of alcohol or a “double” of any alcoholic beverage within two hours of entering the Axe Throwing Area.
Disqualifying Actions: The signer acknowledges and agrees that he/she may be disqualified from participation and may be removed from the Axe Throwing Area without refund of any fees if the Participant does any of the following:
Removes an axe from the Axe Throwing Area
Striking, throwing or dropping an Axe towards any person within the Axe Throwing Area
Not wearing closed toed shoes
Intentionally causing damage to the Axe Throwing Area outside the target space
Screaming, Yelling or using foul language that is offensive to other customers of Sauced
Using any chemical substance within the Axe Throwing Area
Throwing any other projectile within the Axe Throwing Area other than the designated axes, or pre-approved throwing axes
Committing or threatening to commit a violent act within the Axe Throwing Area
Waiver of Liability for Negligence: In consideration of permission for the Participant to use the Axe Throwing Area and services and participate in the axe throwing activities, today and on all future dates, the Participant, on behalf of himself/herself, and their spouse, heirs, personal representatives, assigns, or others making a claim on behalf of Participant, do hereby release, waive, discharge, and covenant not to sue Sauced, its 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 Sauced or other Protected Parties, and (2) the presence of Participant on the premises of Sauced. This Assumption of Risk and Waiver of Liability also applies to, but is not limited to, any/all claims resulting from the damage to, loss of, or theft of property. Participant releases Sauced from any claims and rights that Participant has 1) now against Sauced and/or 2) may have in the future against Sauced.
I understand that if, in spite of the above clause, legal action is brought, either the appropriate trial court in California has the sole and exclusive jurisdiction and that only the substantive laws of the California shall apply.
I give Sauced authority to secure help and/or administer emergency first aid, when deemed necessary and give Sauced authority to secure emergency medical care/transportation and I agree to assume all costs of care and transportation.
I will inform Sauced of any injury (even minor injuries) prior to leaving the Sauced facility. ·Media Release: Sauced 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 understand and consent to Sauced recording and retaining recordings of me while I am in the Axe Throwing Area.
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 understand that closed toed shoes are required at all times and I will abide by this.
I acknowledge that Sauced 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 or commit any of the disqualifying actions.
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.