LIABILITY WAIVER & RELEASE AND ASSUMPTION OF RISK; LIKENESS & PUBLICITY RIGHTS WAIVER
WARNING: BY SIGNING THIS DOCUMENT YOU ARE WAIVING CERTAIN LEGAL RIGHTS – PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING
TO: CASCADE AXES LLC and CASCADE AXES – BEND LLC (hereinafter, collectively “Cascade Axes”) for themselves, their present and former parent, subsidiaries, affiliates, and related companies and each of their respective present and former managers, members, directors, officers, shareholders, employees, volunteers, servants, agents, administrators, trustees, successors, and assigns and any party or parties claiming a right or interest through them (hereinafter, the “Releasees”):
RE: Recreational Axe-Throwing (the “Activity”)
In consideration for being allowed to participate in the Activity on the date as set forth below and thereafter until revoked, which consideration is hereby expressly accepted and acknowledged, on behalf of myself, my representatives, heirs, agents, administrators, trustees, successors, and assigns and any party or parties claiming a right or interest through me (hereinafter, the “Releasor”), I HEREBY ACQUIT AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION, the Releasees from any and all claims I may have, now or in the future, against the Releasees, and from any liability for any personal injury, death, property damage, expense and/or other loss sustained by me as a result of my participation in the Activity due to any cause whatsoever, whether known or unknown, whether based in contract or tort, and including without limitation all such claims or causes based on Releasees’ own ordinary or gross negligence, to the fullest extent allowable by Oregon law (“Waived Claims”).
RELEASOR REPRESENTS AND WARRANTS that he/she is at least eighteen years of age and legally competent to enter into this agreement. If Releasor is not at least eighteen years of age and legally competent to enter into this agreement, this agreement must also be signed by Releasor’s legal parent or guardian.
RELEASOR ACKNOWLEDGES AND ACCEPTS that the Activity does not constitute an important public interest or function and there exist in the locale of the Activity other recreational activities in which Releasor could have elected to participate and Releasor elected to participate in the Activity knowing Releasees would require Releasor’s agreement hereto.
RELEASOR REPRESENTS AND WARRANTS that at the time this agreement is signed he/she is not under the influence of any substances, including alcohol, recreational drugs, or prescription drugs, which may affect or impair Releasor’s motor skills, judgment or general ability to think clearly, to decide for him/herself whether to enter into this agreement, and to participate in the Activity safely. Nor does Releasor suffer from any disability or other physical condition that would likewise affect or impair Releasor’s motor skills, judgment or general ability to think clearly, to decide for him/herself whether to enter into this agreement, and to participate in the Activity safely.
RELEASOR UNDERSTANDS AND AGREES that the Activity is inherently risky and dangerous and there is the possibility of personal injury, death, property damage, expense, and/or other loss resulting therefrom. Releasor explicitly assumes all such risks associated with his/her participation in the Activity and agrees to immediately inform Releasees of any injury or other loss suffered during such participation, no matter how minor it appears to be at the time. Releasor agrees to abide by all posted rules governing participation in the Activity.
RELEASOR ACKNOWLEDGES AND ACCEPTS that Releasees may serve alcoholic beverages to participants who are of legal drinking age. If Releasor chooses to consume alcoholic beverages while participating in the Activity, Releasor does so of his/her own free will and with the knowledge and understanding that consumption of alcoholic beverages may elevate the risks associated with his/her participation in the Activity.
RELEASOR UNDERSTANDS AND AGREES that Releasor shall not commence any action or make any claim or demand against Releasees based on any Waived Claims or otherwise related to Releasor’s participation in the Activity. Releasor also understands and agrees that if Releasor commences such action or make any such claim or demand against Releasees, this agreement shall serve as a complete defense thereto and prima facie evidence of Releasee’s right to immediate dismissal of any and all such proceedings and Releasor shall be jointly and severally liable to Releasees for all legal costs and attorney fees incurred in such proceedings. It is further understood and agreed that Releasor shall fully and completely indemnify and defend Releasees against any action commenced, or claim or demand made, by any third party related to Releasor’s participation in the Activity.
RELEASOR UNDERSTANDS AND AGREES that Releasor’s agreement to be bound by the terms of this agreement and each of its individual provisions is material to Releasees’ own agreement to allow Releasor to participate in the Activity, which agreement Releasees would not otherwise have made. Releasees have not made and Releasor has not relied on any oral, written or visual representations or warranties that are not expressly contained in this agreement and any modification of this agreement shall be valid only if it is in writing signed by both parties. This is a continuing release, in full force and effect unless and until revoked by Releasor in a signed writing delivered to Releasees. Any revocation by Releasor shall only operate proactively and shall not operate retroactively to reinstate Waived Claims occurring or accruing prior to such revocation.
RELEASOR HEREBY GRANTS Cascade Axes, and their managers, employees, agents, and owners, non-revocable permission to capture Releasor’s image, likeness, and other representations in photographs, video-recordings, audio-recordings or any other form of media (hereinafter, collectively “Images”). Cascade Axes shall own such Images and may, without compensation to Releasor, trademark, copyright, display, publish, distribute, use, modify, print, produce, and reproduce the Images in any manner whatsoever associated related to the business of Cascade Axes, including without limitation publications, advertisements, brochures, website images, social media, or other electronic displays and transmissions thereof. Releasor explicitly waives any right to inspect or approve the use of the Images prior to such use.
RELEASOR UNDERSTANDS AND AGREES this agreement shall be governed by the laws of the State of Oregon and any dispute arising hereunder shall be adjudicated in the Circuit Court for the State of Oregon for the County of Deschutes, and personal jurisdiction over Releasor is proper in said court.
BY SIGNING BELOW, Releasor (and, if applicable, Releasor’s parent or legal guardian) attests that he/she has read the foregoing in its entirety and voluntarily agrees to be bound by the terms of this agreement.