PLEASE READ CAREFULLY. BY SIGNING, YOU ARE GIVING UP YOUR AND/OR YOUR MINORS’S LEGAL RIGHTS. In consideration of being allowed to participate in the services and activities, including, but not limited to, axe throwing arena access, axe throwing, party room, seating area and snack bar access and any other amusement activity (collectively “ACTIVITIES”), provided by Axeplosion INC and its affiliates, agents, owners, contractors, insurers, facility operators, premises owners, equipment owners or providers and any and all other persons and entities acting in any capacity on its behalf (collectively “AXEPLOSION”), on behalf of myself, and/or on behalf of my minor child/ward, and each of our heirs, assigns, next of kin, personal representatives and estate, and all other persons and entities who could in any way represent me or them or act on my or their behalf, I agree to the following:
Assumption and Acknowledgement of Risk. I acknowledge, agree and represent that I understand the dangerous nature of the ACTIVITIES and that my minor child/ward is (if signing on behalf of minor child/ward) such ACTIVITIES. I acknowledge that the ACTIVITIES entail known, unknown and unanticipated risks, seen and unseen, which could result in physical or emotional injury, paralysis, death, or damage to property or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the ACTIVITIES. On behalf of my minor child/ward (if applicable) and myself, I agree to assume all risk and bear full responsibility for any injury or damage my minor child/ward (if applicable) or I may suffer while participating in the ACTIVITIES.
Release of Liability and Promise Not to Sue. Despite all known and unknown risks, I hereby expressly and voluntarily RELEASE, COVENANT NOT TO SUE and FOREVER DISCHARGE (personally and on behalf of my minor child/ward) AXEPLOSION and agree to hold it harmless from all manner of action and actions or omission(s), cause and cause of action, suits, debts, sums of money, accounts, contracts, agreement, and promises, damages, judgements, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by AXEPLOSION, whether the action arises out of any damage, loss, personal injury, or death to me or my minor child/ward, while participating in or as a result of participating in any of the ACTIVITIES. This release of Liability and Covenant Not to Sue, is effective and valid regardless of whether the damage, loss, personal injury or death is result of any act or omission on the part of AXEPLOSION.
Indemnification. I hereby agree to indemnify and hold harmless from and against any and all losses, liabilities, claims, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by AXEPLOSION, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgements AXEPLOSION incurs in the event that I or my minor child/ward cause any injury, damage and/or harm to AXEPLOSION and/or any and all other persons and entities acting in any capacity on behalf of AXEPLOSION. I further agree that if I or my minor child/ward or anyone acting on my or their behalf makes a claim against AXEPLOSION, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS AXEPLOSION From any litigation expenses, attorney’s fees, loss, liability, costs, damages or expenses which may result from such claim.
Venue. In the event a lawsuit is filed against AXEPLOSION, I agree to the sole and exclusive venue of the State of Illinois, County of COOK, DUPAGE and LAKE. I further agree that the substantive law of Illinois shall apply without regard to any conflict of law rules. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
Other Agreements. I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child/ward visits AXEPLOSION; provided, however, that a minor child/ward will need to execute his own agreement upon reaching the age of 18. I hereby grand AXEPLOSION on behalf of myself and on behalf of my minor child/ward the right to photograph and/or record me and/or my child/ward in connection with AXEPLOSION and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration and without compensation of any kind to me and/or my minor child/ward. The child thrower is in my legal custody.
By signing this document, I understand that I may be found by a court of law to have forever waived my and/or my child’s/ward’s rights to maintain any action against AXEPLOSION on the basis of any claim from which I have released AXEPLOSION herein. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
We reserve the right to review your driver’s license and/or other forms of identification to verify your age.
Any and all visitors, guests, attendees, member, or users of the Axeplosion shall execute an agreement providing for the waiver and release of liability, and indemnification of Axeplosion, its owners, heirs, and assigns, the Landlord of premises, its owners, heirs, and assigns, and the village of Lombard, and Operator, in the following form: I/We hereby understand and agree to accept the risk of bodily injury and/or property damage which I/we may incur or cause a third party to incur as a result of my/our use of the Axeplosion facilities and premises. I/We understand that this risk includes, but is not limited to, any lead dust inhalation, noise, airborne materials or objects, and the actions of other users of the Axeplosion. With this understanding, I/we further agree to indemnify, defend, and hold harmless: the Village of Lombard, Village of Orland Park, Village of Buffalo Grove and City of Aurora, and, its officers, agents, and employees, and the Operator, its officers, agents, and employees, from and against any and all claims, leases, injuries, suits or judgments arising from, or in connection with, my/our presence on the Axeplosion. I/we agree to this indemnification and save harmless for myself/ourselves, my/our successors, assigns, heirs, executors and administrators, and any other person or entity(ies) who/which may have a claim based upon my/our personal injuries and/or property damage. Furthermore, I/we have read and agree to abide by the rules and regulations pertaining to use of the Axeplosion and acknowledge receipt of a copy of same. I/we understand further that I/we will be held financially responsible for any damage to facilities or equipment which occurs through use of the Axeplosion.
- I understand the hazards of the novel coronavirus (“COVID-19”) and 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.
- Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.
- I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) Axeplosion Inc., AxeplosionBG Inc., AxeplosionAurora Inc., AxeplosionOP Inc., and any other name used by the company ‘Axeplosion’, their owners, officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.
- I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.
- A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the above named parties, any program organizer and all persons and organizations associated with them and the ACTIVITIES, including without limiting the generality of the foregoing, their respective officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and/ or lessors of the premises used to conduct the ACTIVITIES, sanctioning bodies, medical or rescue personnel (the “RELEASEES”), of and from with the respect to all 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 ACTIVITIES 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 n the negligence or the gross negligence of the RELEASEES or otherwise.
- I confirm that the RELEASES will not be held responsible in the event of any complaint or legal action undertaken against myself as a result of bringing alcohol to the Axeplosion Axe Throwing Premise.
- You must wear closed-toed shoes in order to participate in axe throwing activities. By wearing footwear that exposes your toes, you're at risk of injury including, but not limited to, axes falling on your feet and/or hitting your feet causing minor to severe injury. If you decide to wear open-toed shoes despite being instructed not to do so either on this waiver and/or by an on-site employee, you assume all liability and risk by doing so.
- I agree to keep my mask on at all times and maintain a safe distance from other patrons.