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Recreational Axe Throwing

This Participation Agreement and Waiver and Release of Liability is entered between the undersigned “Participants” and Axe Town, (JARD, LLC).

Participation in the activities of Axe Town (JARD, LLC) can be HAZARDOUS AND PRESENT A DANGER TO PARTICIPANTS. If at any time the Participant(s) believes conditions to be unsafe, Participant(s) will immediately discontinue further participation in the activities. 

  1. I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE WITHOUT QUALIFICATIONS OR LIMITATIONS AND HOLD HARMLESS Axe Town (JARD, LLC)  from any and all claims I may now and/or in the future may have against Axe Town (JARD, LLC)  and from any and all liability, for any personal injury, death, and/or property damage, expense, and/or loss sustained by the Participant(s), incurred on his/her account as a result of the Participant’s participation in the activity due to any cause whatsoever, including but not limited to and without limitation, negligence, gross negligence, willful misconduct, including the failure to take reasonable steps to safeguard or protect myself, risk, dangers, and/or hazards of participating in the activity. 
    THE UNDERSIGNED WILL INDEMNIFY, SAVE AND HOLD HARMLESS AXE TOWN (JARD, LLC) FROM ANY LIABILITY, LITIGATION EXPENSE, ATTORNEY FEES, LOSSES, DAMAGES OR COSTS ANY THE MAY INCUR AS THE RESULTS OF ANY SUCH CLAIM. WHETHER ASSERTED BY THE UNDERSIGNED, THE PARTICIPANT(S), OR ANOTHER PERSON. 
  2. I ACKNOWLEDGE AND ACCEPT that the activity is INHERENTLY RISKY AND DANGEROUS, AND EXPOSES THE PARTICIPANT(S) TO THE POSSIBLITY OF PERSONAL INJURY, SERIOUS INJURY, PERMANENT PARALYSIS, DEATH, PROPERTY DAMAGE and/or loss resulting therefrom. Risks may arise out of contact and/or participation with other participants, equipment and other mishaps. Risks may be caused by the Participant’s own actions, or inaction, the actions or inactions of other participants, the condition of the facilities in which the activities take place. Some risks CANNOT be predicted or controlled. These may include: FAILURE OF ANY BARRIER EQUIPMENT, OR OTHER SAFEY MEASURES. EQUIPMENT MALFUNCTION, MISS-THROWN AXES BY EMPLOYEES OR PARTICIPANTS. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I understand that activities are monitored by employees of Axe Town but it is not feasible for such employees to monitor the activities and actions of all participants at all times or all participants simultaneously. Furthermore, the Axe Town employees have difficult jobs to perform. They seek safety, but they are not infallible. They may be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions and the equipment being used may fail. Participants may die or become paralyzed, partially or fully, through the use of Axe Town activities. Participants may suffer cuts, scrapes, bumps, bruises, concussions, the transmission of disease strains and allergic reactions through the use of contact with other participants or equipment. Participants may sprain, pull, break, or otherwise seriously externally or internally injury their head, face (including nose, jaw and teeth), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of throwing axes, knives, or throwing stars, throwing improperly, or making contact with the axe, knives, throwing stars, or other participants. As noted above such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion related medical events. OBSERVING, STANDING, SITTING OR TAKING PHOTOGRAPHS at or near any axe throwing lane or targets can result in similar physical injury as indicated above (even if the observer is not himself/herself participating at the time). 
  3. I REPRESENT THAT I AM IN GOOD HEALTH and in PROPER PHYSICAL and MENTAL CONDITION to use the equipment and participate in the activities. I DO NOT have any physical or mental illness, injury or disability that would may my participation in these activities unwise of unnecessarily risky or dangerous to myself or others. 
  4.  AGREE AND UNDERSTAND that following ALL instructions and rules at all times while participating in the activity is a requirement for participation. I waive any and all right to continue participating in the activities and any benefits associated with being a registered participant if instructions and/or rules are not being followed. 

SAFETY IS YOUR RESPONSIBILITY. I AND EACH MINOR AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY. 

YOUR DUTIES INCLUDE BUT ARE NOT LIMITED TO:

  1. Acknowledging that there are inherent risks in the participation of throwing axes.
  2. Exercising good judgement and act in a responsible manner while handling, using, and/or throwing axes, knives, throwing stars.
  3. Obeying all oral and written warnings, or both prior to or during participation, or both.
  4. Not participating under the influence of drugs or alcohol.
  5. Safely handling equipment provided.
  6. Not participating if you have an underlying health condition or pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, any history of spine, musculoskeletal, or head injuries.
  7. Wearing closed toe shoes is suggested but not required 
  8. Avoiding bodily contact with other participants.
  9. Avoiding throwing equipment at any participant or person in the target area.
  10. Retrieving any equipment in or around the target before throwing any additional equipment at the target.
  11. Handling and using equipment within your own limitations, training and acquired skills.
  12. Improperly throwing or dropping equipment. Serious injuries can occur if thrown or dropped. 
  13. Obeying all posted and stated warnings and participant instruction signs.
  14. Ensuring that all minors within your care understand and obey all safety rules.
  15. Agreeing that Axe Town employees have the authority to end you or your minor’s participation without refund if it presents a danger to you, the minor, or other participants. 

PHOTOGRAPHS, VIDEOS, & RECORDINGS
I release all photos taken of me at Axe Town. I acknowledge that Axe Town will own such images and further grant Axe Town permission to copyright, display, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to Axe Town Business, including without limitation, publications, advertisements, brochures, web site images, social media, or other electronic displays and transmissions thereof. I waive the right to inspect or approve any use of the image and hold Axe Town harmless from any and all liability arising out of the use of images in any manner. I waive any and all claims and causes of action relating to use of the images including claims for invasion of privacy rights or publicity. 

EMAIL ADDRESS
By providing my email address, I am opting into the emailing list. My email address may be used to contact me but will not be made available to third parties. 

LOST/STOLEN ITEMS
Axe Town is not responsible for lost, stolen or damaged items. 

COVID-19 SAFETY MEASURES
To my knowledge, I have not been in close contact with a confirmed case of COVID-19. I am not currently experiencing a cough, shortness of breath, sore throat, or fever. I have not had any of these symptoms in the past 48 hours. 

I, THE UNDERSIGNED PARTICIPANT, hereby certify that I am at least 18 years old, that I have COMPLETELY READ AND UNDERSTAND THIS AGREEMENT AND ITS TERMS. That prior to signing this agreement, I had the opportunity to ask any questions regarding this agreement. I am AWARE THAT BY SIGNING THIS AGREEMENT I ASSUME ALL RISKS. I waive and release certain rights that I and each of my heirs, next of kin, family, relatives, guardians, conservators, executors, administrators, trustees, and assigns my have against Axe Town. I hereby authorize any licensed medical personnel to treat or relieve any and all injuries. I consent to the administration of ALL MEDICAL CARE. I acknowledge and agree that any medical care or assistance in any form that is required or performed as a result of any injury I or the minor sustains while using Axe Town, will be at my own expense. I acknowledge and agree that Axe Town is not responsible for the actions or activities of its participants or the negligence of its employees in supervising its usage including actions, activities, or omissions that result in such harm. 

I, THE UNDERSIGNED PARTICIPANT, herby certify that for all persons under 18 years of age a parent or legal guardian must sign the following acknowledgement. I hereby certify that all participants minors are at least 10 years of age. I hereby acknowledge that he/she has executed the foregoing release for and on behalf of the minor, named herein and agree to bind myself, the minor, his/her executors, administrators, heirs, next of kin, successors, and assigns to the terms of the release. I hereby authorize any licensed medical personnel to treat or relieve any and all injuries. I consent to the administration of ALL MEDICAL CARE. I acknowledge and agree that any medical care or assistance in any form that is required or performed as a result of any injury I or the minor sustains while using Axe Town, will be at my own expense. I acknowledge and agree that Axe Town is not responsible for the actions or activities of its participants or the negligence of its employees in supervising its usage including actions, activities, or omissions that result in such harm. 

I AM FULLY AWARE OF THE RISKS AND DANGERS INHERENT WITH AXE THROWING. BY SIGNING THIS AGREEMENT, I AGREE THAT I HAVE COMPLETELY READ AND UNDERSTAND THIS AGREEMENT AND ITS TERMS AND UNCONDITIONALLY RELEASE, WAIVE, RELINQUISH, DISCHARGE FROM LIABLITY AND COVENANT NOT TO SUE AXE TOWN (JARD, LLC) AND PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY. I UNDERSTAND THAT THIS AGREEMENT EXTENDS FOREVER INTO THE FUTURE AND WILL HAVE FULL FORCE AND LEGAL EFFECT EACH AND EVERY TIME I OR MINOR VISIT AXE TOWN. 

 

Date: April 11, 2021

 

First Participant's Name

First Name*

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First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

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Last Name*
Second Participant's Date of Birth*
Third Participant's Name

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Third Participant's Date of Birth*
Fourth Participant's Name

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Fourth Participant's Date of Birth*
Fifth Participant's Name

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Fifth Participant's Date of Birth*
Sixth Participant's Name

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Sixth Participant's Date of Birth*
Seventh Participant's Name

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Seventh Participant's Date of Birth*
Eighth Participant's Name

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Eighth Participant's Date of Birth*
Ninth Participant's Name

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Ninth Participant's Date of Birth*
Tenth Participant's Name

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Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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