1. I (referred to as “I” or “me”) desires to participate in recreational axe throwing and axe throwing related activities (the “Activities”) using equipment (the “Equipment”) provided by Kilt, LLC, D/B/A The Kilt South Arkansas Axe Throwing, located at 2006 Northwest Ave, El Dorado, AR, whether at that location or at a mobile location, (in each case, the “Company”). As lawful consideration for being permitted by the Company to use the Equipment and to participate in the Activities, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
2. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES AND THE USE OF THE EQUIPMENT 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 ANY SAFETY BARRIERS OR OTHER SAFETY MEASURES, 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 THE USE OF THE EQUIPMENT AND TO AXE THROWING, WHETHER IN AN INDOOR AXE THROWING FACILITY OR OUTDOORS. I REPRESENT THAT I AM IN GOOD HEALTH AND IN PROPER PHYSICAL CONDITION TO USE THE EQUIPMENT AND 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 OR OTHERS. I ACKNOWLEDGE THAT I AM VOLUNTARILY USING THE EQUIPMENT AND 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 VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY ME, OR LOSS OR DAMAGE TO PROPERTY OWNED BY ME, AS A RESULT OF PARTICIPATION IN THIS EVENT.
3. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or loss or damage to property owned by me, as a result of participation in this event.
4. I hereby RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE, KILT, LLC AND THE KILT SOUTH ARKANSAS AXE THROWING and their subsidiaries, officers, servants, agents, and employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in physical activity, or while on or upon the premises where the event is being conducted.
5. 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 or my use of the Equipment. Additionally, I hereby agree that I will ensure that any other person in my party signs a release of liability and waiver identical to this Agreement in form and substance prior to using the Equipment or participating in or spectating the Activity.
6. It is my expressed intent that this release and hold harmless agreement shall bind the members of my family, spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, HOLD HARMLESS and CONVENANT NOT TO SUE the above named RELEASEES.
7. I agree to and shall immediately remove myself from participation, and notify the nearest staff member if at any time I sense or observe any unusual hazard or unsafe condition, or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation.
8. I agree to exercise ordinary and reasonable care at all times. I shall not be impaired by the use of drugs and/or alcohol on any Kilt, LLC premises. I acknowledge and agree that Kilt, LLC shall not be responsible or liable for any accident, injury, theft, loss, or damage caused by my impaired judgment or negligence. Additionally, I agree and understand that the staff and/or owners of Kilt, LLC reserve the right to refuse entry, suspend or cancel any axe throwing related activities at any time for any reason.
9. For league play, I understand and agree that all of the above waiver, release and assumption of risk will remain on file and apply to the entirety of the current and future league seasons and shall apply whenever I am on any Kilt, LLC premises or using their mobile services for the aforementioned Activities. This waiver shall extend to the league, The World Axe Throwing League.
10. For good and valuable consideration, the receipt of which from Kilt, LLC ("Company") is acknowledged, I hereby expressly grant to the Company and to the Company’s assigns and to the Company’s and such assigns’ employees, agents, licensees and assigns, the right to photograph, film or tape me, and to record my voice, conversations, performances, poses, acts and to us my picture, photograph, silhouette and other reproductions of my physical likeness and sounds as part of any still camera photograph, motion picture, film and/or video tape (hereinafter “products”), and in connection with the exhibition, distribution, posting (online on social media), broadcasting (online, on television or otherwise) of the Products, or any derivative works thereof, in perpetuity, and in any medium or form, whether alone or coupled together with other audio or audiovisual material, and for any advertising, promotion, or any other lawful purpose whatsoever. I expressly understand and agree that any such photograph, film, tape or other recording of my physical likeness and performances as embodied in the Products, all rights therein as embodied in the Products, and all results and proceeds derived therefrom, shall be the sole and absolute property of the Company, in perpetuity, and the Company, its licensees, successors and assigns shall have the unlimited right throughout the universe to copyright and publish, exhibit or use the Products or any part thereof as set forth herein.
11. I agree that I will not assert or maintain against the Company, and/or the Company’s successors, assigns and licensees, any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to those grounded upon invasion of privacy, rights of publicity, moral rights or other civil rights, or for any other reason in connection with the Company’s use of my physical likeness and performances in the Products as herein provided. I hereby release the Company, its successors, assigns and licensees, and each of them, from and against any and all claims, liabilities, demands, actions, causes of action, costs and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which I ever had, now have, or may, shall or hereafter have by reason, matter, cause or thing arising out of the Company’s use as herein provided. I further agreed that the Company may use and license others to use my name, voice, likeness and any biographical material concerning me which I may provide, in any and all media, and in the promotion, advertising, and publicizing of the Products, throughout the world in all media, by any method or device now during my appearance are true to the best of my knowledge, and that neither they nor my appearance and performance will violate or infringe upon the rights of any third party.
12. I hereby waive any right or inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge that the Company will rely on this permission potentially, at substantial cost to the Company and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted here under.
13. For league or tournament play, I understand and agree that all of the above appearance waiver will remain on file and apply to the entirety of the current and future league season and shall apply whenever I am on any Kilt, LLC premises or using their mobile services for the aforementioned Activities. This waiver shall extend to the league, The World Axe Throwing League.
14. To my knowledge, I have not been in close contact with a confirmed case of COVID-19 OR ANY OTHER COMMUNICABLE VIRUS, ILLNESS, OR DISEASE, I am currently not experiencing a cough, shortness of breath, or sore throat and I have not had a fever in the last 48 hours.
15. I hereby RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE, KILT, LLC AND THE KILT SOUTH ARKANSAS AXE THROWING and their subsidiaries, officers, servants, agents, and employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, due to contracting COVID-19 or any other communicable virus or disease while participating in the aforementioned Activities.
16. In signing this release, I acknowledge and represent that I HAVE READ THE FOREGOING Waiver of Liability and HOLD Harmless Agreement, as related to the Activities, dangers of said Activities, the Appearance Release, and the COVID-19 Release, and UNDERSTAND IT AND SIGN IT VOLUNTARILY as my own free act and deed; no oral representations, statements or inducements, apart from foregoing written agreements, have been made: and I EXECUTE THIS RELEASE FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.
September 18, 2021