IN CONSIDERATION of allowing me to participate in hatchet throwing (the “Activity”) as BurlyAxe, LLC I WARRANT TO BurlyAxe, LLC THAT:
- I am familiar with the risk of serious injury and death which any participant in the Activity must assume and I accept such risk voluntarily.
- I believe that I am physically, emotionally and mentally able to participate in the Activity. I am not under the influence of drugs or alcohol.
- I understand that all applicable rules for participation for the Activity must be followed and that at all times the sole responsibility for my personal safety remains with me.
- I will immediately remove myself from participation in the Activity, and notify the nearest official, 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 in the Activity.
I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin that my participation in the Activity and the execution of this document constitutes:
- an unqualified ASSUMPTION OF ALL RISKS associated with my participation in the Activity even if arising from the negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of BurlyAxe, LLC personnel or any persons associated therewith or participating therein, and
- a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY BurlyAxe, LLC and all persons and organizations associated with it and the Activity including, without limiting the generality of the foregoing, its officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and/or lessors of the premises used to conduct the Activity, sanctioning bodies, and medical or rescue personnel (hereinafter the “RELEASEES”), of and from with respect to any injury, disability, death or loss or damage to person or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise, and
- an UNDERSTANDING NOT TO SUE the RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation in the Activity by me, and
- an AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the RELEASEES or otherwise.
- I confirm that BurlyAxe, LLC will not be held responsible in the event of any complaint or legal action undertaken against me as a result of my actions and/or conduct actual or implied.
- In the event that BurlyAxe, LLC takes photographs or videos, I hereby assign full copyright of these photographs and videos to BurlyAxe, LLC (and the related representatives and assigns) together with the right of reproduction either wholly or I part. Furthermore, I grant BurlyAxe, LLC the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for editorial trade, product or service advertising and such other fashion/business purpose in any manner and medium, including advertising with any retouching or alteration without restriction or compensation.
I HAVE READ THIS DOCUMENT THOROUGHLY. I UNDERSTAND THAT THE RELEASEES ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WAIVER
AND RELEASE, UNDERTAKINGS AND AGREEMENTS WHEN ACCEPTING MY PARTICIPATION IN THE ACTIVITY. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I GIVE UP SUBSTANTIAL LEGAL RIGHTS I WOULD OTHERWISE HAVE. I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.
Date: December 1, 2023