ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believe to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many area's, prohibited the congregation of groups of people.
Hatchet House LLC, (hereinafter, the "Releases"), has put in place preventative measures to reduce the spread of COVID-19; howeverthe "releases" cannot guarantee that you and/or your child(ren) will not become infected with COVID-19. Further, attending the "releases" could increase your risk and your child(ren)'s risk on contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I and/or my child(ren) may be exposed to or infected by COVID-19 by attending the "releases" and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
I am familiar with the Centers for Disease Control and Prevention ("CDC") guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated, and I accept full responsibility for familiarizing myself with the most recent updates. I understand that the risk of becoming exposed to or infected by COVID-19 at the "releases" may result from the actions, omissions, or negligence of myself and others, including, but not limited to, "releases" employees, volunteers, and activity participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself and/or my child(ren), (including but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my and/or my child(ren)'s attendance at the "releases" or participation in "releases" activites (hereinafter, the "Claims"). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless "releases", it's employees, agents, and representatives, of and from the "claims", including all liabilties, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on rhe actions, omissions, or negligence of the "releases", it's employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any "releases" activites.
To the best of my knowledge, I am of sound mind and body, and in good physical condition to participate or spectate in the events at the "releases" location. I am fully aware of the risks and hazards connected with the participation of this event, including physicaL injury, or even death, and hereby seek to elect to voluntarily participate in said event, knowing that the associated physical activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or loss or damage to property owned by me, as a result of participating or spectating.
Release of Liability, Waiver, and Assumption of Risk
I, desire to participate and/or be a spectator in the Activity which has been organized by The Hatchet House LLC, (hereinafter, the “Releases”). In consideration for being allowed to participate in the Activity and/or be in the facility as a spectator, which consideration is hereby expressly accepted and acknowledged, on behalf of myself, my representatives, heirs, agents administrators, trustees, executors, assigns, successors and on behalf of any party or parties who claim a right or interest through me (hereinafter, the “Releasor”), I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION the Releases from any and all claims I may now and/or in the future may have against the Releases, and from any and all liability, for any personal injury, illness, death and/or property damage, expense, and/or loss sustained by me as a result of my participation in the Activity or spectating, due to any cause whatsoever, including but not limited to and without limitation, negligence, gross negligence, willful misconduct of myself, other participants, other spectators, or Releases including the failure to take reasonable steps to safeguard or protect me from the risk, dangers, and/or hazards of participating in the Activity, and/or breach of statutory or other duty, including duties arising from occupier's liability legislation. To that end, Releasor agrees more specifically as follows:
THE RELEASOR ACKNOWLEDGES AND ACCEPTS THAT THE ACTIVITY CONTAIN INHERENTLY DANGEROUS COMPONENTS AND ACTIVITIES, AND RELEASOR WILL BE EXPOSED TO INHERENTLY DANGEROUS CIRCUMSTANCES, CONDITIONS AND CONSEQUENCES, INCLUDING, WITHOUT LIMITATION, THE THROWING OF AXES AND HATCHETS, ALL OF WHICH MAY CAUSE SIGNIFICANT PERSONAL INJURY OR DEATH TO RELEASOR OR OTHERS. I FURTHER UNDERSTAND THAT THE FOREGOING RISKS CANNOT BE ELIMINATED, EVEN WITH THE EXERCISE OF REASONABLE CARE ON RELEASOR’S PART OR THE RELEASEE’S PART. NONETHELESS AND WITH FULL UNDERSTANDING AND AWARENESS OF THESE RISKS, RELEASOR ACCEPTS ANY AND ALL RISKS OF PERSONAL INJURY OR PROPERTY DAMAGE TO RELEASOR, INCLUDING DEATH, AND ANY LIABILITY, RESPONSIBILITY, INJURY, OR DAMAGE TO ANY THIRD PARTIES OR THIRD PARTY PROPERTY ARISING FROM OR IN ANYWAY RELATING TO RELEASEE’S PARTICIPATION IN THE ACTIVITIES, REGARDLESS OF FAULT. RELEASOR ALSO EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD RELEASEE HARMLESS FOR ANY AND ALL FROM ALL ACTIONS (INCLUDING, WITHOUT LIMITATION, REMEDIAL OR ENFORCEMENT ACTIONS OF ANY KIND, ADMINISTRATIVE OR JUDICIAL PROCEEDINGS, AND ORDERS OR JUDGMENTS ARISING OUT OF OR RESULTING THEREFROM), CLAIMS, DEMANDS, DAMAGES, JUDGMENTS, PENALTIES, FEES, ROYALTIES, INJURIES, FINES, FORFEITURES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS', CONSULTANTS' AND EXPERT FEES, COURT COSTS AND AMOUNTS PAID IN SETTLEMENT OF ANY CLAIMS OR ACTIONS) FORFEITURES OR OTHER CIVIL, ADMINISTRATIVE OR CRIMINAL PENALTIES, INJUNCTIVE OR OTHER RELIEF (WHETHER OR NOT BASED UPON PERSONAL INJURY, PROPERTY DAMAGE, OR OTHERWISE), LIABILITIES OR LOSSES (ECONOMIC OR OTHER) (“CLAIMS”) ARISING FROM OR ENCOUNTERED IN CONNECTION WITH THIS WAIVER, THE ACTIVITY, AND RELEASEE’S PARTICIPATION OR SPECTATING THEREOF.
THE RELEASOR ACKNOWLEDGES AND ACCEPTS that the venue and environment may pose certain health risks, including but not limited to, uneven pavement, dust and/or dirt in the air, hay, nails, sharp fractures of wood, and power tools, all of which can be dangerous and can result in injury, illness, and/or death. Releasor agrees that the foregoing release, waiver, and assumption of risk shall apply regardless of the “venue”, whether Releasee’s physical location or if the Activity occurs at another location, such as when the Activity occurs at Releasee’s location or another outside location by use of Releasor’s mobile axe throwing unit. In the event Releasor is also the party responsible for renting and leasing such mobile unit, Releasor shall be bound by the terms of the rental agreement, which is incorporated herein by this reference.
THE RELEASOR ACKNOWLEDGES AND ACCEPTS that there is a voluntary assumption of risk even when not participating in the activity.
THE RELEASOR AGREES AND UNDERSTANDS that in order to participate in the Activity, and/or be a spectator, he/she must agree to be bound by the terms of this Release of Liability, Waiver and Assumption of Risk.
THE RELEASOR AGREES that he/she will be fully responsible for all costs and expenses that may be incurred in providing any special services to him/her, outside of regular services agreed to or provided by the releases in connection with the Activity, and without limiting the generality of the foregoing, agrees to be responsible for, and to pay for any and all costs relating to special travel, medical attention, or other special outlay for him/her personally, and to reimburse the releases for all costs of these services as may be incurred by them for his/her benefit or at his/her request.
THE RELEASOR HEREBY confirms that by executing this agreement, he/she is representing that he/she is of the full age of majority and that he/she has read, and understands this agreement. The Releasor acknowledges that he/she is not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs, which may affect or impair his/her motor skills, judgment, or general ability to think clearly. Releasee also understands and agrees that it the responsibility of Releasee to consult with Releasee’s own personal physician before engaging in the Activities. Releasee hereby affirms that Releasee is in good physical condition and does not suffer from any mental or physical disability which would prevent or limit participation or spectating in an Activity provided by the Releasor. Releasee understand that Releasee is responsible for understanding Releasee’s own body and the health risks involved in participating in the Activity.
IT IS AGREED AND UNDERSTOOD that the Releasor will not make any claim or take any proceedings against Releasee or any other person or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity, or under the provisions of any statute or regulation.
IT IS AGREED AND UNDERSTOOD that if the Releasor commences such an action or takes such proceedings, and the Releasees are added to such proceeding in any manner whatsoever, whether justified in law or not, the Releasor will immediately discontinue the proceedings and/or claims, and the Releasor will be jointly and severally liable to the Releasees for the legal costs incurred in any such proceeding, on a substantial indemnity basis. This Release of Liability, Waiver, and Assumption of Risk shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future by the Releasor with respect to the matters covered by this Release of Liability, Waiver, and Assumption of Risk. This Release of Liability, Waiver, and Assumption of Risk may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defense and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised by the Releasor in any subsequent action that the other parties in the subsequent action were not privy to formation of this Release.
RELEASEE AGREES TO WAIVER OF FUTURE AND UNKNOWN CLAIMS. RELEASEE AGREES THAT THE LIABILITY WAIVER AND ASSUMPTION OF RISK PROVIDED HEREIN IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF CALIFORNIA AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. RELEASEE ACKNOWLEDGES AND AGREE THAT THE FACTS IN RESPECT TO WHICH THE RELEASE IN THIS INSTRUMENT IS GIVEN MAY TURN OUT TO BE DIFFERENT THAN CONTEMPLATED BY THE PARTIES AT THE TIME OF EXECUTION. RELEASEE EXPRESSLY, KNOWINGLY, AND VOLUNTARILY WAIVE ANY AND ALL BENEFITS AND RIGHTS CONTAINED IN SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor.”
RELEASEE ACKNOWLEDGES THAT RELEASEE HAS HAD AN ADEQUATE OPPORTUNITY TO SEEK AND OBTAIN THE ADVICE OF COUNSEL BEFORE EXECUTING THIS RELEASE. THIS RELEASE CONTAINS ALL OF THE AGREEMENTS OF THE PARTIES HERETO WITH RESPECT TO THE MATTERS CONTAINED HEREIN, AND NO PRIOR AGREEMENT OR UNDERSTANDING PERTAINING TO ANY SUCH MATTERS SHALL BE EFFECTIVE FOR ANY PURPOSE WITH RESPECT TO THE SUBJECT MATTER HEREOF.
THE RELEASOR ACKNOWLEDGES that this Release of Liability, Waiver, and Assumption of Risk contains the entire agreement between the parties hereto, that the terms of this Release of Liability, Waiver, and Assumption of Risk are contractual, are not a mere recital, and any breach of these terms may be enforced against the Releasor and may give rise to a damage claim against the Releasor enforceable by a further legal proceeding. The Releasor further acknowledges that the Releasees have not made any oral, written or visual representations or statements that are not otherwise reflected in this agreement.
PHOTOGRAPHS, VIDEOS AND RECORDINGS I hereby grant The Hatchet House LLC, 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 Hatchet House will own such images and further grant The Hatchet House permission to copyright, display, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to said business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the image prior to its use.
By signing this waiver THE RELEASOR ACKNOWLEDGES that they have read and reviewed the safety rules and guidelines set forth by THE RELEASES, posted in clear print next to the check-in desk. A copy can be provided upon request. Such waiver also includes by reference the COVID-19 Waiver provided by Hatchet House LLC.