The individual named below (referred to as “I” or “me”) desires to participate in recreational axe throwing and axe throwing related activities (the “Activity”) provided by AxeSmith, LLC, a Mississippi Limited Liability Company with its principal place of business in Forrest County, Mississippi (the “Company”). As lawful consideration for being permitted by the Company to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE SIGNIFICANT RISK OF SERIOUS INJURY AND/OR PERMANENT PARALYSIS AND/ OR DEATH AND/OR PROPERTY DAMAGE. SUCH RISKS MAY BE FORESEEABLE OR UNFORESEEABLE, AND MAY INCLUDE, BUT ARE NOT LIMITED TO: FAILURE OF THE SAFETY BARRIERS, EQUIPMENT MALFUNCTION, MISS-THROWN AXES BY EMPLOYEES OR PARTICIPANTS, 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 AN INDOOR 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 and release any and all claims, no known or hereafter known, against the Company, and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), 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 unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising our of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Mississippi without giving effect to any choice or conflict of law provision or rule (whether of the State of Mississippi or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Forrest County, Mississippi and I hereby consent to the exclusive jurisdiction of such courts.
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, INCLUDING THE RIGHT TO SUE THE COMPANY.