The individual named below (referred to as "I" or "Me") desires to participate in recreational axe throwing and axe throwing related activities ("The Activity") provided by Battle Axe LLC an Alabama Limited Liability Company with it's principal place of business in Blount County, Alabama ("The Company"). As Lawful consideration for being permitted by the Company to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE SIGNIFICANT RISK OF SERIOUS INJURY AND OR PERMANENT PARALYSIS AND/OR DEATH AND/OR PROPERTY DAMAGE. SUCH RISKS MAY BE UNFORSEEABLE OR FORSEEABLE, AND MAY INCLUDE, BUT ARE NOT LIMITED TO: FAILURE OF THE SAFETY BARRIERS, EQUIPMENT MALFUNCTION, MIS-THROWN AXES BY EMPLOYEES OR PARTICIPANTS,MISHANDLING OF THE EQUIPMENT BY THE EMPLOYEES OR PARTICIPANTS, AND OTHER SUCH RISKS, HAZARDS AND DANGERS THAT ARE INTEGRAL TO RECREATIONAL ACTIVITIES THAT TAKE PLACE AT AN INDOOR AXE THROWING FACILITY. I REPRESENT THAT I AM IN GOOD HEALTH AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN THE ACTIVITIES. I ACKNOWLEDGE THAT ANY INJURIES I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATION OF THE COMPANY. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly release any and all claims no known or hereafter known against the Company, and its officers, directors, employees,agents,affiliates,successors, and assigns (collectively, "Releases"), on account of injury, death, or property damage arising out of or attributable to the Activities, whether arising out of the negligence of the company or any "Releasees" or otherwise. I covenant not to make or bring any such claim against the company or any other "Releasee" and forever release and discharge the company and any other "Releasee" from liability under such claims. I further agree to obey all stated instructions,rules, and conditions during my participation in the Activities, and will remove myself from participation and contact a member of the company if I observe any unusual significant hazard related to the "Activities"
I shall defend, indemnify and hold harmless the Company and all other "Releasees" against any and all losses, damages, liabilities,deficiencies, actions, judgements, settlements, claims, interests, awards, penalties, fines, costs, or expenses of whatever kind including attorney fees, fees and cost of enforcing any right to indemnification under this "Agreement", and the cost of pursuing any insurance providers, incurred by/ awarded against the indemnified party arising out of or resulting from any claim of a third party resulting from my participation in the "Activities"
This Agreement constitutes the sole and entire agreement of the company and me with respect to the subject matter contained herein and supersedes all prior understandings, agreement, warranties and representations, both written and oral, with respect to such subject matter. If any term or provision of this "Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This "Agreement" is binding on and shall ensure to the benefit of the Company and me. Any claims or cause of action arising under this agreement may be brought only in the Federal and State courts located in Blount County, Alabama.
BY SIGNING I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE "COMPANY" BATTLE AXE LLC.