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Release of Liability, Waiver, and Assumption of Risk

I, on behalf of myself and on behalf of any person under the age of eighteen (18) years who is under my supervision and control, wish to participate in one or more recreational activities related to the axe throwing house (Activities) operated by DRENGR LLC d/b/a Company), whether as a customer, patron, participant, spectator, contestant, member of a private party, or otherwise a guest of the axe throwing facility.

  1. I acknowledge that Activities are inherently dangerous and that I (and any minors under my supervision) may be exposed to dangers and hazards, including, lacerations, fractures, broken bones, concussions, failure of equipment (whether owned, maintained or controlled by Company or others), and the negligence of others, and that as a consequence of these risks, my property may become damaged and that I (or any minors under my supervision) may be seriously hurt, disabled or may die from the resulting injuries.
     
  2. In consideration acceptance of this release and my participation in Activities, the mutual promises set out herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree to assume full and complete responsibility for any injury, accident, death, or other damages which may occur during my participation in Activities or the participation of any minors under my supervision, and I hereby release and hold harmless the Company, its members, officers, directors, employees, agents, and contractors and all other persons and entities associated with Company, their agents and employees and all others in privity with them or any of them from any and all injury, accident, or death arising out of participation in the Activities by myself or minors under my supervision, whether such injury or damage be caused by the acts, omissions, negligence, gross negligence, misrepresentation or any or all of these things of those hereby released, including any person or entity associated directly or indirectly with the Company, including its agents and employees.
     
  3. I and those under my supervision will not participate in Activities or any related activity unless I am financially able. I assume the risk associated with my participating in any such Activities, including, but not limited to, acts, omissions and negligence of other participants, all such risks being known and appreciated by me. In consideration of the Company’s acceptance of this, my release of liability, the mutual promises set out herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree to indemnify and defend the Company, its members, officers, directors, agents, employees, attorneys and all others in privity with them or any of them and all related persons and entities (including, without limitation, all those to whom reference is made herein) against any and all such claims and any and all attorneys' fees incurred by one or more of them in defending claims arising from any injury, damage, death, or other damages connected in any way with participation in Activities by myself or those under my supervision.
     
  4. I and any minors under my supervision agree to observe proper etiquette, to take all appropriate safety precautions and to observe all applicable rules, laws and regulations of the Company relating to Activities. I agree that closed-toed shoes without high heels are required to participate in Activities and that Company recommends that I should wear loose-fitting clothing to participate in Activities. No outside beverages are allowed in the premises. Company reserves the right to inspect any personal axes and knives before their use at the facility. I understand that the failure to comply with any and all such laws, rules and regulations may result in my disqualification from participation in Activities. I acknowledge that Company may prohibit me from participating in Activities without a refund if I am judged to be under the influence of drugs or alcohol. I agree and affirm that I am 18 years of age or older and that I am not under the influence of any substances that might impair my ability to execute this Agreement and to participate in Activities.
     
  5. I understand that while participating in the Activities, I or any minors under my supervision may be photographed, videotaped, or otherwise recorded. I hereby grant Company, its managers, employees, agents, contractors, and owners perpetual, non-revocable permission to capture the image and likeness of myself and any minors under my supervision in photographs, videotapes, recordings, or any other media (collectively “images”). I acknowledge that Company will own such images and further grant Company permission to copyright, display, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to Company business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the image by Company prior to its use. I understand and agree that I shall receive no compensation for the use of such images. 
     
  6. This Agreement shall constitute the entire agreement between the parties and supersedes all prior and contemporaneous understanding, agreements, representations, and warranties, both written and oral, with respect to the subject matter herein. No change, waiver or discharge hereof shall be valid unless it is in writing and is executed by the party against whom such change, waiver or discharge is sought to be enforced. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any action brought which relates in any way to this Agreement or the subject matter hereof shall be brought in a court sitting in Tarrant County, Texas.

I, THE UNDERSIGNED, HEREBY CERTIFY THAT I HAVE READ THIS ENTIRE AGREEMENT. I FULLY UNDERSTAND ALL THE TERMS AND CONSEQUENCES OF THIS AGREEMENT AND BASED UPON SUCH, EXECUTE IT.

Dated: April 29, 2024

 

First Participant's Name

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Second Participant's Name

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Third Participant's Name

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Fourth Participant's Name

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Sixth Participant's Name

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Seventh Participant's Name

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Eighth Participant's Name

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Ninth Participant's Name

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Tenth Participant's Name

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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.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 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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