Waiver of Liability, Assumption of Risk and Indemnity Agreement
Photo and Ad Publicity Media Release
In consideration of being permitted to participate in any way in the Sport of Hatchet Throwing, hereinafter called “Activity”, I, for myself, my heirs, personal representative or assigns, do hereby waive liability, release and forever discharge American Axes, its officers, agents, trustees, or employees from any and all liability, demands, rights, and causes of action of whatever kind or nature, arising out of all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to property, and the consequences thereof, including death, resulting from my voluntary participation in or in any way connected with the Activity.
Participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The risks range from (1) minor injuries such as scratches, bruises, and cuts; (2) major injuries such as eye injury or loss of sight, joint or bodily injuries; and (3) catastrophic injuries including paralysis and death.
I have read the previous paragraphs and I acknowledge, know, understand and appreciate these and other risks that are inherent in the Activity. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
I further agree to indemnify, defend, and hold harmless American Axes, its officers, agents, trustees, or employees from any and all liabilities, damages, claims, lawsuits, attorney’s fees, and actions of any kind for any damage or injury arising out of my participation in the Activity, including any damage, loss or injury caused by any act or omission on the part of American Axes. I also agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of Georgia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further covenant and agree that for the consideration stated above I will not sue American Axes, its officers, agents, trustees or employees for any claim for damages arising or growing out of my participation in the Activity.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I certify that I am at least 18 years of age and suffering under no known legal disabilities; I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Photo/Media Release: I hereby freely and irrevocably grant to American Axes, its authorized employees and agents, the absolute right and permission to copy, exhibit, copyright, use, take, distribute and/or publish my photographic likeness, name, voice, and/or image made in relation to my participation in the Activity in photographs, video and in any and all other media, in which I may be included in whole or in part, or in composite form in conjunction with my name and other identifying information, or reproductions thereof in color or otherwise, made through any media for art, print, web, social media, advertising, film, telecast or any other lawful purpose whatsoever.
I also grant American Axes the same right and permission to use written or verbal statements or testimonials made by me. It is understood that no compensation has been paid and that no fee or compensation shall be due to me for my giving permission for use of my photographic image, likeness, name, or voice.
I hereby hold harmless and release and forever discharge, its officers, and employees from all claims, demands and causes of action which I, my heirs, representatives, executors, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
By signing and abiding by this waiver of liability, you are also agreeing to abide by the following house rules at American Axes:
1) To exercise common sense and play responsibly.
2) To permit only one person per lane allowed in the throwing zone (designated by yellow painted line).
3) That hatchets can only be retrieved after both participants throw.
4) To never retrieve a Hatchet before opponent throws.
5) After your turn, to return the Hatchet to the holder. (No hand-offs.)
6) That Hatchets are not to be taken out of pit area and are always to be handled in a safe manner.
7) If you are visibly intoxicated the management and/or employees reserve the right to terminate your Hatchet throwing at their discretion.
8) You agree that violating any of the above rules or by putting yourself or anyone else in harm’s way will result in termination of your hatchet throwing with no refund.
IF THE PARTICIPANT IS A MINOR (UNDER 18 YEARS OF AGE), THE PARENT OR GUARDIAN MUST READ, SIGN BELOW AND RETURN TO AMERICAN AXES:
I am the parent or legal guardian of the below-named participant, and I agree that the participant may take part in the Activity and that all references to “I” and “me” in this Agreement will include me, as the undersigned parent(s) or legal guardian(s). I understand that transportation may be provided, and, in the event transportation is provided, I consent to the participant taking the bus, car or other vehicle provided. On behalf of the participant, the participant’s parents or guardians, heirs, estate, insurers and assigns, I hereby irrevocably and unconditionally (1) agree to all of the terms of this Agreement, and (2) authorize American Axes to arrange for any necessary medical treatment for participant. I also, for myself and on behalf of my heirs, estate, insurers, successors and assigns and anyone else who may make any claim for or on behalf of the participant, hereby fully and forever release and discharge American Axes from any and all claims or causes of action I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, whether arising from the negligence of any or all of American Axes or otherwise, to the fullest extent permitted by law. I have read this Agreement, fully understand its terms and voluntarily agree to these terms on behalf of the participant.
Electronic Signature Authorization
By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this agreement, I 1) acknowledge that I have read and fully understand the terms of the agreement; 2) voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older. My signature applies to all pages of this contract. I understand that I will receive a Portable Document Format (PDF) version of this agreement after it is signed at the email address I have provided. To view the PDF document, I understand that I will need software that enables me to receive and access PDF files such as Adobe Reader software or other software capable of reading a PDF file. In order to print and retain a hard copy of this agreement, I understand that I will also need a printer connected to my computer. I understand that if I wish to sign a hard copy of this agreement instead of an electronic version, I must contact the party that requires my signature on this agreement directly.