The individual named below (referred to as I or me) desires to participate in recreational axe throwing and axe throwing related activities (Activity or Activities) provided by CASCADIA AXE CO. LLC, an Oregon Limited Liability Company with its principal place of business in Jackson County, Oregon (the Company). I agree to all the terms and conditions set forth in this agreement (this Agreement), and understand if I do not agree with any of the terms and conditions contained herein, I am under no obligation to use the facilities, premises, or equipment provided by the Company.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES I AM ENGAGING IN ARE DANGEROUS ACTIVITIES AND INVOLVE THE SIGNIFICANT RISK OF SERIOUS INJURY, PROPERTY DAMAGE, SCARRING, LOSS OF AN IMPORTANT BODILY FUNCTION, PERMANENT DISABILITY, PARALYSIS, OR DEATH, AND MAY CAUSE SEVERE SOCIAL OR ECONOMIC LOSSES DUE TO NOT ONLY MY OWN ACTIONS, INACTION, OR NEGLIGENCE, BUT ALSO FROM THE ACTION, INACTION, OR NEGLIGENCE OF OTHERS OR CONDITIONS OF THE PREMISES OR OF ANY EQUIPMENT USED. SUCH RISKS MAY BE FORESEEABLE OR UNFORESEEABLE, AND MAY INCLUDE, BUT ARE NOT LIMITED TO: FAILURE OF THE SAFETY BARRIERS, EQUIPMENT MALFUNCTION, MISTHROWN AXES BY EMPLOYEES OR PARTICIPANTS, MISUSE OR MISHANDLING OF THE EQUIPMENT BY EMPLOYEES OR PARTICIPANTS, AND OTHER SUCH RISKS, HAZARDS, AND DANGERS THAT ARE INTEGRAL TO RECREATIONAL ACTIVITIES THAT TAKE PLACE AT A RECREATIONAL AXE THROWING RANGE. I REPRESENT THAT I AM IN GOOD HEALTH AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN THE ACTIVITIES. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS 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 waive, release, and discharge any and all actions, claims, or demands against the Company, and its officers, directors, shareholders, employees, agents, landowners, affiliates, successors, and assigns (collectively, “Releasees”), that I, my assignees, heirs, guardians, and legal representatives now have or hereafter have 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 all other Releasees 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 representative 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, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs 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 related to 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 and contemporaneous understandings, agreements, representations, and warranties, 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 the entire Agreement or any other provisions of this Agreement unenforceable. This Agreement is binding on and shall inure to the benefit of the Company and me and their/my respective successors, heirs, and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Oregon.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING, INCLUDING THE RIGHT TO SUE THE COMPANY. I AGREE TO PARTICIPATE KNOWING THE RISKS AND CONDITIONS INVOLVED AND DO SO ENTIRELY OF MY OWN FREE WILL. I ACKNOWLEDGE RECEIVING A COPY OF THE RULES AND REGULATIONS OF THE RECREATIONAL AXE THROWING RANGE AND AGREE TO ABIDE BY THEM.