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ROLLIN AXES LLC
-Mobile Axe Throwing-
LIABILITY RELEASE AND WAIVER AGREEMENT
IMPORTANT: BY SIGNING, YOU WAIVE CERTAIN LEGAL RIGHTS
PLEASE READ CAREFULLY

 

I, the undersigned, desire to participate in, observe, and attend the amusement activity, including the recreational axe-throwing (the “Activity”) provided by Rollin Axes LLC (“Rollin Axes”) and as a condition of such participation, observation and attendance, execute this Liability Release and Waiver Agreement (“Agreement”).

For and in consideration of being permitted by Rollin Axes to participate in, observe, and attend the Activity on the date below, the receipt and sufficiency of which is expressly accepted and hereby acknowledged, I agree to the following covenants, terms and conditions:

ASSUMPTION OF RISK. I ACKNOWLEDGE AND ACCEPT THAT THIS ACTIVITY IS INHERENTLY DANGEROUS. I recognize the inherent risks, dangers, and hazards – known or unknown – of participating in the Activity. I understand that I could suffer property damage, as well as minor or serious injury, such as bruises, scrapes, cuts, broken bones, psychological injury, paralysis, or even death, and/or loss resulting from any of these injuries. I expressly, willingly, and voluntarily assume full responsibility for all risks of any and every kind involved with or arising from my participation in, observation of, or presence at the Activity with Rollin Axes whether such risk occurs while preparing to, during, or after my participation, observation, attendance, or otherwise, regardless of whether such risk is specifically noted here, and assume all risks associated with the possible existence of dangerous physical conditions upon the premises where the Activity is held.

I REPRESENT AND WARRANT THAT I:

Am familiar with the risk of serious injury and death which any participant, observer, or attendee of the Activity must assume;

Am physically, emotionally, and mentally able to participate in the Activity and I do not have a medical condition that could interfere with safely participating in, observing, or attending the Activity;

Will follow all applicable rules for participation, observation, or attendance and that at all times the sole responsibility for my personal safety remains with me;

Will immediately remove myself from participation, observation, or attendance, and notify the nearest representative of Rollin Axes if, at any time, I sense or observe any unusual, hazardous or unsafe condition or if I experience any deterioration in my physical, emotional, or mental state during the Activity; and

Have adequate medical insurance to cover any injuries to myself or my child, and/or agree to bear the costs of treating any injury due to my participation in, observation of, or presence at the Activity.

LIABILITY RELEASE AND WAIVER. I RELEASE, WAIVE, HOLD HARMLESS, INDEMNIFY, AND FULLY DISCHARGE ROLLIN AXES, its subsidiaries, affiliates, members, owners, officers, shareholders, successors, affiliates, employees, contractors, subcontractors, volunteers, agents, representatives, heirs, legal representatives, and assigns (“Releasees”) from any and all liability that I, my spouse, heirs, next of kin, assigns, employees, agents, insurers, or legal representative (“Releasor”) may, now and/or in the future, have against Releasees, and from any and all claims, rights, demands, or causes of action, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, either in law or in equity, directly or indirectly arising from any bodily or personal injury, death and/or property damage, accident, expense and/or loss sustained by Releasor as a result of participating in, observing, or being present at the Activity, which is caused by any GROSSLY NEGLIGENT, NEGLIGENT, INTENTIONAL, WILLFUL, WANTON, RECKLESS, OR CARELESS ACT OR OMISSION OF ROLLIN AXES OR OTHERWISE. Without limiting the generality of the foregoing and by way of example, this Agreement expressly includes:

  • preparation to participate in, observe, and attend the Activity;
     
  • the design, location, construction, inspection, and maintenance of the fencing, netting, cages, or throwing lanes, floors, including any rails, boxes, fencing, barriers, wall designs, targets, including the selection of the construction materials, and the failure to construct fences or other barriers;
     
  • the posting or failure to post warnings, signs, the wording of such warning signs, or any classification and labeling of the axes, fencing, cages or throwing lanes.
     
  • the design, construction, or maintenance of the axes, including the blades, handles, and attachments thereof.

HOLD HARMLESS AND INDEMNIFICATION. I accept full responsibility for any risk of bodily injury, death or property damage that may result due to my participation in, observation of, or attending the Activity and I HEREBY HOLD HARMLESS AND INDEMNIFY RELEASEES for any loss, liability, damage or cost Releasees may incur due to my participation in, observation of, or attending the Activity. I agree to reimburse Rollin Axes for any reasonable fees, court costs, and attorney’s fees incurred in the defense of any action due to my participation in, observation of, or attending the Activity. If Releasor commences any action on my behalf then I will be jointly and severally liable to Releasees for the legal costs incurred in any such action and agree to completely hold harmless and indemnify Releasees.

COVENANT NOT TO SUE. I agree not to bring, and agree not to authorize a Releasor to bring on my behalf, any action or lawsuit against Releasees for any personal injury caused by the gross negligence, negligence, intentional, willful, wanton, reckless, or careless acts or omissions of Releasees or otherwise while participating in, observing, or attending the Activity.

COVID RELEASE. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the CDC guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC and/or PHE guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby expressly, willingly, and voluntarily choose to participate in the Activity. I acknowledge and fully assume full responsibility for the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, INDEMNIFY, AND COVENANT NOT TO SUE (on behalf of myself and any minor children for whom I have the capacity contract) the Releasees from any liability related to COVID-19 which might occur as a result of my being on the premises and participating in the Activity.

MEDICAL CONSENT. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during the Activity.

IMAGE USE CONSENT; MEDIA RELEASE. I understand while participating in the Activity, I may be photographed, filmed, or recorded. I hereby consent and grant to Rollin Axes the right to take any pictures, video, or recordings during my participation or observation of the Activity, and grant Rollin Axes all right, title, and interest in all photographs, videos, or recordings for promotional purposes, whether in print or digital media. I further grant Rollin Axes permission to copyright, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to Rollin Axes, including without limitation publications, advertisements, brochures, website images, or other electronic displays and transmissions. I forever release and hold Releasees harmless from any and all liability arising out of the use of the images in any manner or media whatsoever and waive any and all claims or causes of action related to the use of the images.

ARBITRATION AGREEMENT. If a dispute, controversy, or claim related to this Agreement arises, I agree to resolve any and all disputes, controversies, or claims through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (“Arbitration Agreement”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). I agree that this Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration proceedings shall take place in Fort Worth, Texas before a panel of one arbitrator. The panel, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. I agree that each party will pay the fees for his/her/its own attorneys, subject to any remedies to which that party may later be entitled under the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules).

I agree to mutually cooperate with Rollin Axes to select the arbitrator to be used; provided, however, that the arbitrator shall be a lawyer having at least five years of experience in commercial law. No demand for arbitration may be made after the date when the applicable statute of limitations would bar such claim or dispute. The panel shall require disclosure of non-privileged materials, including information in digital format, relevant to any parties’ claim or defense, subject to limitations imposed by the panel based on reasonable expense, duplication and undue burden. The panel is not authorized to award the prevailing party: (a) an amount in excess of the economic damages proximately caused by a defect as measured by (i) the reasonable cost of repairs necessary to cure any construction defect; (ii) the reasonable and necessary cost for the replacement or repair of any damaged goods at the residence; (iii) reasonable and necessary engineering and consulting fees; (iv) the reduction in current market value, if any, after the construction defect is repaired; and (v) reasonable and necessary attorney's fees; (b) punitive damages; or (c) other damages not measured by the prevailing party’s actual damages.

The panel’s decision shall be made in writing and entered in any court having jurisdiction thereof. If the panel determines that a party has generally prevailed in the arbitration proceeding, then the panel shall award to the prevailing party its reasonable expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees, and legal costs. If the panel makes a finding that the complainant who initiated the proceeding based on groundless claims brought in bad faith or for purposes of harassment then the panel shall award the other party its reasonable expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees, and legal costs. The parties shall maintain the arbitration proceedings, decision, and award as strictly confidential, except as otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual. 

By my signature below, I represent that I am at least eighteen (18) years old and that I have read, and understand, this Agreement.

This Agreement will be governed by the Laws of the State of Texas and any dispute arising from this Agreement will be adjudicated by a court located in Tarrant County, Texas.

This Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas, and, if any portion of the Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE READ AND FULLY UNDERSTOOD THIS AGREEMENT AND AGREE, OF MY OWN FREE WILL, TO BE BOUND BY IT BY MY SIGNATURE BELOW DURING THIS AND ALL SUBSEQUENT VISITS TO ROLLIN AXES. I understand and agree that by signing this Agreement, I waive certain legal rights including the right to sue Releasees for grossly negligent, negligent, intentional, willful, wanton, reckless, or careless acts or omissions of Rollin Axes or otherwise and to resolve all disputes, controversies, or claims through binding arbitration, which means that I waive any right to have such disputes, controversies, or claims decided by a judge or jury.

CAUTION: READ CAREFULLY BEFORE SIGNING! THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND WILL BAR YOUR RIGHT TO SUE OR TO HAVE CLAIMS DECIDED BY A JURY!

Date: April 24, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
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

First Name*

Last Name*

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

First Name*

Last Name*

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

First Name*

Last Name*

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

First Name*

Last Name*

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

First Name*

Last Name*

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

First Name*

Last Name*

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

First Name*

Last Name*

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

First Name*

Last Name*

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

First Name*

Last Name*

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

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
PARENT / GUARDIAN WAIVER FOR MINORS: In the event that the participant is under the age of consent (18 years of age), then this Agreement must be signed by a parent or guardian, as follows: I hereby certify that I am the parent or guardian of minor(s) ,named above, and do hereby give my consent to my child’s participation and to waive certain legal rights without reservation to the foregoing on behalf of this individual.


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.
Parent or Guardian's Name Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Name Age Acknowledgment*
Parent or Guardian's Name Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Name 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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