Attention: By signing this agreement you are waiving certain legal rights. Please read the following provisions carefully before signing.
The individual named below (referred to as "I" or "me") desires to participate in axe throwing and/or enter a premises where axe throwing is taking place and.or watch while others engage in axe throwing (each separately, and collectively together, the "Activities") provided and hosted by and on premises maintained by Impact Axe, a California limited liability company with offices located at (the "Company"). As lawful consideration for being permitted by the Company to participate in the Activities, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
1. ASSUMPTION OF RISK OF AXE THROWING, A DANGEROUS ACTIVITY. I AM AWARE AND UNDERSTAND THAT PARTICIPATING IN THE ACTIVITIES IS DANGEROUS AND INVOLVES THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE.
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 KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING 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 ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I acknowledge and understand that my full compliance with the Company’s rules, policies, and procedures will not eliminate the risk of the Activities, because the Activities are inherently dangerous, cannot be predicted or controlled, and may arise from my own actions or inactions, the actions or inactions of other participants or onlookers, the condition of the facilities in which the Activities are taking place, equipment issues and other mishaps, and/or the negligence of the Releasees.
2. WAIVER AND RELEASE. I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against the Company, and its officers, managers, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage or anything else arising out of or attributable to the Activities, whether arising out of the ordinary 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. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.
I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to the Activities, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
3. INDEMNIFICATION. 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, arising out of or resulting from any claim of a third party related to the Activities, including any claims arising out of my own negligence or the ordinary negligence of the Company.
4. MEDICAL TREATMENT. I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with the Activities, and I understand that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation.
5. PUBLICITY. I hereby grant the Company, without limitation, the right to use my name and likeness in connection with the Activities for any publicity without further compensation or permission.
6. COVENANT. I agree that I will follow all of the rules, policies and procedures of the Company while participating in the Activities. I understand that my failure to follow any of these rules may result in my immediate expulsion from the Company’s premises without refund or reimbursement of any kind.
7. DISPUTE RESOLUTION. I understand and agree that except as prohibited by law, any dispute between me and the Company or any Releasee will be resolved through binding arbitration in Sacramento County, California in accordance with the commercial arbitration rules of the American Arbitration Association, as then in effect. I UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES I AM WAIVING ANY RIGHT I MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit my right or the Company’s right to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
7. COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Impact Axe has put in place preventative measures to reduce the spread of COVID-19; however, Impact Axe cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Impact Axe could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Impact Axe and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Impact Axe may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Impact Axe employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my and/or my child(ren)’s attendance at Impact Axe or participation in Impact Axe programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Impact Axe, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Impact Axe, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after the participation of any kind at Impact Axe.
A set of CDC guidelines will be posted at the entrance of the Property and are clearly visible.
A. You understand that attending Impact Axe for any purpose may be dangerous or unsafe and could expose you or others to COVID-19 and that you are conducting those activities voluntarily.
B. You represent that: (1) To the best of your knowledge, you are not currently afflicted with, and have not knowingly, within the last 14 days, been in contact with someone afflicted with, COVID-19; (2) You are not experiencing a fever, or signs of respiratory illness such as cough, shortness of breath or difficulty breathing, or other COVID-19 symptoms; and (3) You understand that persons may be afflicted with COVID-19 and: (i) not exhibit symptoms, (ii) not be aware that they are afflicted or (iii) may not voluntarily agree to disclose their condition.
8. MISCELLANEOUS. 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 held 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 heirs, successors, and assigns.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY 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 FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE ACTIVITIES.
Today's Date: August 4, 2020