Warranty and consent
ASSUMPTION OF RISK RELEASE AND WAIVER OF LIABILITY INDEMNITY AGREEMENT
TO: 809 OHIO AVE LLC dba THE DEPOT (“THE DEPOT”)
In consideration of allowing me to participate in the program, related events and activities provided by The Depot (the “ACTIVITIES”)
I WARRANT TO YOU THAT:
1. I am familiar with the risk of serious bodily injury and death which any participant in the ACTIVITIES must assume, and
2. I believe that I am physically, emotionally, and mentally able to participate in the ACTIVITIES, and that my equipment is mechanically fit for my use in the ACTIVITIES, and
3. I understand that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with me, and
4. I will immediately remove myself from participation and notify the nearest official or lane coach, if at any time I sense or observe any unusual, hazardous, or unsafe condition or if I feel that I have experienced any deterioration in my physical, emotional, or mental fitness for continued participation in the ACTIVITIES.
I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives, and next of kin, that my participation in the ACTIVITIES and execution of this document constitutes:
1. an unqualified ASSUMPTION OF ALL RISKS associated with participation in the ACTIVITIES by me even if arising from negligence or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the ACTIVITIES organizer and any personas associated therewith or participating therein, and
2. a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the above named parties, any program organizer and all personas and organizations associated with them and the ACTIVITIES, including without limiting the generality of the foregoing, their respective officers, directors, officials, agents, and/or employees, other participants, sponsors, advertisers, owners and/or lessors of the premises used to conduct the ACTIVITIES, sanctioning bodies, medical or rescue personnel (the “RELEASEES”), of and from with the respect to all injury, disability, death, or loss or damage to persona or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise, and
3. an UNDERSTANDING NOT TO SUE the RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation in the ACTIVITIES by me, and
4. an AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever they may occur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the RELEASEES or otherwise.
5. I confirm that the RELEASEES will not be held responsible in the event of any complaint or legal action undertaken against myself as a result of participants consuming alcoholic beverages on The Depot premises.
6. In the event that THE DEPOT takes photographs or videos, I hereby assign full copyright of these photographs and videos to The Depot (and the related representatives and assigns) together with the right of reproduction either wholly or in part. Furthermore, I grant THE DEPOT, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for editorial trade, product or service advertising, and such other fashion/business purpose in any manner and medium, including advertising with any retouching or alteration without restriction or compensation.
7. We strongly recommend closed toed shoes are worn during axe throwing events and walk-in sessions. By wearing footwear that exposes your toes, you’re at risk of injury including but not limited to axes falling on your feet and/or hitting your feet causing minor or severe bodily injury. If you decide to not wear closed toes shoes, you understand that there are risks associated with wearing open toed shoes, flip flops, sandals or similar footwear. By continuing with open toed shoes, you assume all liability and risk associated by doing so.
8. By signing this document, I agree to abide by the following rules:
a. Two drink maximum before and during throwing session
b. Any sign of intoxication will result in disqualification from participation
c. Closed toed shoes HIGHLY recommended
d. Only one axe thrower per lane at a time beyond yellow line
e. All participants in one throwing lane must be behind red throwing line before throwing axes
f. Besides the thrower, only coaches are allowed inside the yellow line safety area
g. Axes do not leave the throwing area
h. Only one axe per lane
i. Do not hand axe to another person, place on magnet
j. Axes brought in must be approved by the coach before use
k. No swinging, gesturing, or flipping axes
l. No trick shots
m. Only one axe thrown at a target at a time
n. Keep fingers and objects out of fencing
o. We reserve the right to refuse service to anyone for any reason
p. We reserve the right to refuse participation to anyone for any reason at any time
q. No food or drink in the axe lanes
r. Waiver must be signed before participation
s. A coach will give you directions and a safety briefing before you are allowed to throw
t. Dangerous, negligent, and potentially harmful actions will result in disqualification and removal from the premises without refund
I HAVE READ THIS DOCUMENT THOROUGHLY.
I UNDERSTAND THAT THE RELEASEES ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WIAVER AND RELEASE, UNDERTAKINGS, AND AGREEMENTS WHEN ACCEPTING MY PARTICIPATION IN THE ACTIVITIES.
I UNDERSTAND THAT BY SIGNING THIS DOCUMENT THAT I GIVE UP SUBSTANTIAL LEGAL RIGHTS I WOULD OTHERWISE HAVE.
I SIGN THIS DOCUMENT VOLUNTAIRLY AND WITHOUT INDUCEMENT.