I, as parent/guardian for (“Minor”), agree to allow Minor to participate in the activity of axe-throwing (the “Activity”), and in consideration of Minor’s participation, on behalf of myself, any other parent/guardian, Minor and Minor’s representatives, heirs, agents, administrators, trustees, executors, assigns, successors, and any other party claiming a right or interest through Minor (hereby “Releasor”), do hereby acknowledge and agree to the following:
- Minor is in good physical and mental condition and fully capable to participate in this Activity;
- I am fully aware and accept all of the inherent risks, dangers, and hazards connected with Minor’s participation in this Activity, including but not limited to the possibility of personal injury, death, property damage and/or loss resulting therefrom;
- I am aware that such risks, dangers, and hazards may be caused by Minor’s own actions or inaction, or by the actions or inaction of other participants.
- I am aware that equipment used in the activity may break, fail or malfunction, despite reasonable maintenance and use. Some of the equipment used in activities may inflict injuries even when used as intended. Persons using equipment may lose control of such equipment and cause injury to themselves and to others;
- I am willingly and voluntarily allowing Minor’s participation in all aspects of said Activity, knowing that the Activity may be hazardous to Minor and Minor’s property;
- I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by Minor, or loss or damage to property owned by Minor, as a result of participation in this Activity;
- I understand that in order for Minor to participate in the Activity, on behalf of Minor and myself, I agree to be bound to the terms of this Release of Liability, Waiver, and Assumption of Risk;
- I am at least 18 years or age and am not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs, which may affect or impair my motor skills, judgment, or general ability to think clearly.
I hereby RELEASE, ACQUIT, WAIVE, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, AND CAUSES OF ACTION WHATSOEVER (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE) ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY THAT I MAY NOW AND/OR IN THE FUTURE HAVE IN RELATION TO MINOR OR MINOR’S PROPERTY EITHER AT LAW OR IN EQUITY DUE TO ANY CAUSE WHATSOEVER AGAINST Mountain Activity Brands, LLC and its employees, managers, members, shareholders, investors, consultants, officers, directors, partners, affiliates, subsidiaries, parents, predecessors, legal representatives, agents, successors, and any other party claiming a right or interest through any of them (the “Releasee”).
I acknowledge 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 Releasee has not made any oral, written or visual representations or statements that are not otherwise reflected in this agreement.
I hereby agree that this Release of Liability, Waiver, and Assumption of Risk will be governed by the Laws of the State of Colorado and that any dispute arising from this Release of Liability, Waiver, and Assumption of Risk will be adjudicated by the court of jurisdiction in Summit County, Colorado, and I hereby attorn to the exclusive jurisdiction of this Court for this purpose.
I hereby grant Releasee non-revocable permission to capture Minor’s image and likeness in photographs, videotapes, recordings, or any other media (collectively “images”). I acknowledge that Releasee will own such images of Minor and further grant Releasee 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 of Minor prior to its use.
In signing this release, I acknowledge and represent that I HAVE READ THE FOREGOING, UNDERSTAND IT, AND SIGN IT VOLUNTARILY. I EXECUTE THIS RELEASE FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND.
In signing this release, I represent and warrant that I am a parent or legal guardian of the Minor named above and I hereby agree that the waiver and release contained herein binds the Minor and his/her parents and/or legal guardians to all of the terms hereof.
Today's Date: August 19, 2022