PLEASE READ THIS DOCUMENT CAREFULLY.
TO: Skoll Axe Throwing, LLC for itself, its present and former parent, subsidiaries, affiliates and related companies and each of their respective present and former members, directors, officers, shareholders, employees, volunteers, servants, agents, administrators, trustees, successors and assigns and any party or parties who claim a right or interest through them (hereinafter, “SKOLL”);
RE: Recreational Axe Throwing (the “Activity”)
SKOLL AXE THROWING WAIVER
I desire to participate in the Activity on the date as set out below, which has been organized by SKOLL. In consideration for being allowed to participate in the Activity on the date as set out below, which consideration is hereby expressly accepted and acknowledged, on behalf of myself, my representatives, heirs, agents administrators, trustees, executors, assigns, successors and on behalf of any party or parties who claim a right or interest through me (hereinafter, “Participant”), I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION the SKOLL from any and all claims I may now and/or in the future may have against SKOLL, and from any and all liability, for any personal injury, death and/or property damage, expense, and/or loss sustained by me as a result of my 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 me from the risk, dangers, and/or hazards of participating in the Activity, and/or breach of statutory or other duty, including duties arising from occupier's liability law.
PARTICIPANT ACKNOWLEDGES AND ACCEPTS that the Activity is inherently risky and dangerous, and there is the possibility of personal injury, death, property damage and/or loss resulting from the Activity.
PARTICIPANT AGREES AND UNDERSTANDS that in order to participate in the Activity on the date set out below, Participant must agree to be bound by the terms of this Release of Liability, Waiver and Assumption of Risk.
PARTICIPANT AGREES that Participant will be fully responsible for all costs and expenses that may be incurred in providing any special services to Participant, outside of regular services agreed to or provided by the releases in connection with the Activity, and without limiting the generality of the foregoing, agrees to be responsible for, and to pay for any and all costs relating to special travel, medical attention, or other special outlay for Participant personally, and to reimburse SKOLL for all costs of these services as SKOLL may incur for Participant’s benefit or at Participant’s request.
PARTICIPANT HEREBY confirms that by executing this agreement, Participant is representing that Participant is of the full age of majority and that Participant has read, and understands, this agreement. Participant acknowledges that Participant is not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs, which may affect or impair Participant’s motor skills, judgment, or general ability to think clearly.
PARTICIPANT AGREES AND UNDERSTANDS that Participant will not make any claim or take any proceedings against any other person or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity as result of participating in the Activity.
PARTICIPANT AGREES AND UNDERSTANDS that if Participant commences such an action, or takes such proceedings, and SKOLL is added to such proceeding in any manner whatsoever, whether justified in law or not, Participant will immediately discontinue the proceedings and/or claims, and Participant will be liable to SKOLL for the legal costs incurred in any such proceeding. This Release of Liability, Waiver, and Assumption of Risk shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding that Participant may bring in the future with respect to the matters covered by this Release of Liability, Waiver, and Assumption of Risk.
This Release of Liability, Waiver, and Assumption of Risk may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defense and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis, and Participant will raise no objection in any subsequent action that the other parties in the subsequent action were not privy to formation of this Release.
PARTICIPANT ACKNOWLEDGES that this Release of Liability, Waiver, and Assumption of Risk contains the entire agreement between SKOLL and Participant, that the terms of this Release of Liability, Waiver, and Assumption of Risk are contractual, are not a mere recital, and any breach of these terms may be enforced against Participant, and may give rise to a damage claim against Participant enforceable by a further legal proceeding. Participant further acknowledges that SKOLL has not made any oral, written or visual representations or statements that are not otherwise reflected in this agreement.
PARTICIPANT HEREBY AGREES that this Release of Liability, Waiver, and Assumption of Risk and all matters arising out of or relating to this agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Georgia. Any legal suit, action, or proceeding arising out of or relating to this agreement shall be instituted in state court located in the State of Georgia, County of Houston.
PHOTOGRAPHS, VIDEOS AND RECORDINGS. I hereby grant SKOLL, its managers, employees, and owners (collectively) non-revocable permission to capture my image and likeness in photographs, videotapes, recordings, or any other media (collectively “images”). I acknowledge that SKOLL will own such images and further grant SKOLL permission to copyright, display, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to said 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 prior to its use.
Signature of Parent of Guardian required (for minors under the age of 18, minimum age of 15)
Date: March 24, 2023