PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
The person 18 years of age or over who is participating in the rage/smash room and related activities (the “Activities”) using equipment (the “Equipment”) provided by the Axe-cade, LLC at 136 E. Main Street, Anamosa, Iowa. “THE UNDERSIGNED” means the PARTICIPANT, as well as the PARTICIPANT’s spouse, children, parents, legal guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on PARTICIPANT’s behalf.
The undersigned PARTICIPANT understands 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 objects 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 the Activities. I also understand that alcoholic beverages may be consumed on the premises by other participants and spectators. 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.
In consideration for allowing the PARTICIPANT to participate in the ACTIVITY, THE UNDERSIGNED PARTICIPANT hereby ASSUMES ALL RISKS associated with the PARTICIPANT’s participation in the ACTIVITY. Additionally, THE UNDERSIGNED PARTICIPANT AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY Axe-cade, LLC, its insurance carriers, agents, employees, representatives, officers, directors, and member/owners (each hereinafter a "RELEASED PARTY") FOR ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from or relating to the UNDERSIGNED PARTICIPANT's participation in the ACTIVITY, including those claims based on any RELEASED PARTY's alleged or actual NEGLIGENCE or BREACH OF any express or implied WARRANTY.
THE UNDERSIGNED PARTICIPANT takes full responsibility for any injury or loss to PARTICIPANT, including death, which PARTICIPANT may suffer, arising in whole or in part out of the ACTIVITY. By signing this release, THE UNDERSIGNED PARTICIPANT AGREES NOT TO SUE any RELEASED PARTY and agrees they he/she is releasing any right to make a claim or file a lawsuit against any RELEASED PARTY. THE UNDERSIGNED PARTICIPANT further AGREES TO DEFEND AND INDEMNIFY each RELEASED PARTY for any and all claims of THE UNDERSIGNED PARTICIPANT and/or a THIRD PARTY arising in whole or in part from the PARTICIPANT's participation in the ACTIVITY. THE UNDERSIGNED PARTICIPANT agrees to pay all costs and attorney's fees incurred by any RELEASED PARTY in defending a claim or suit brought by or on behalf of THE UNDERSIGNED PARTICIPANT.
THE UNDERSIGNED PARTICIPANT represents that the PARTICIPANT is in good health and there are no special problems associated with his/her care. THE UNDERSIGNED PARTICIPANT authorizes any RELEASED PARTY and/or their authorized personnel to call for medical care for the PARTICIPANT or to transport the PARTICIPANT to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. THE UNDERSIGNED PARTICIPANT agrees that upon the PARTICIPANT's transport to any such medical facility or hospital that the RELEASED PARTY shall not have any further responsibility for the PARTICIPANT. Further, THE UNDERSIGNED PARTICIPANT agrees to pay all costs associated with such medical care and related transportation provided for the PARTICIPANT and shall hold harmless, release, defend, and indemnify the RELEASED PARTY from any costs incurred therein, or any claims arising therefrom.
In consideration for allowing the PARTICIPANT to participate in the ACTIVITY and for using Equipment, THE UNDERSIGNED PARTICIPANT agrees that ANY AND ALL CLAIMS for injury and/or death arising from the PARTICIPANT's participation in the ACTIVITY shall be GOVERNED BY IOWA LAW and EXCLUSIVE JURISDICTION of any claim shall be in the IOWA DISTRICT COURT in JONES COUNTY.
By signing this release without a parent or guardian's signature, the PARTICIPANT represents that he/she is at least 18 years of age.
This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of THE UNDERSIGNED PARTICIPANT.
I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE.
Date: February 8, 2023