I, the undersigned person (“Participant”), am aware that participating in Activities, defined below, provided by Copper Axe Company, LLC, or its licensees, contractual partners, subsidiaries, employees, or agents (collectively, the “Company”), and engaging in axe throwing activities provided by the Company (including the use of axes or being in close proximity to axes and others using and/or throwing axes), using any of the Company’s supplies or equipment, engaging in other activities related to the foregoing, entering the premises (the “Premises”) on which any of the foregoing activities take place, and engaging in other activities on the Premises (collectively, “Activities”) pose inherent risks including potentially serious risks of accident, illness, damages, expenses, loss of property, injury, or death to Participant regardless of Participant’s physical fitness level, the level of care taken, or safety procedures implemented. Participant acknowledges the inherent dangers involved in engaging in the Activities, and Participant understands that Participant may be injured or die while engaging in the Activities as a result of the negligence of Participant, the Company, or others or through no fault of Participant, the Company, or anyone else due to the type and nature of the Activities.
In consideration for being allowed to engage in Activities, and as an inducement for the Company to allow Participant to engage in the Activities, Participant desires to enter into this Waiver, Release from Liability, and Indemnity Agreement (the “Agreement”), and on behalf of Participant and Participant’s heirs, executors, administrators, guardians, legal representatives, personal representatives, successors, assigns, and minors or other persons that Participant is guardian therefor (collectively, “Participant Parties”) Participant expressly agrees to the following:
ASSUMPTION OF RISK
Participant understands that engaging in the Activities, by their type and nature, include certain inherent risks that cannot be eliminated regardless of the care taken and such risks include, but are not limited to, any accident, illness, damages, expenses, loss of property, injury, or death. The specific risks for engaging in the Activities vary, but range from minor injuries to catastrophic injuries, including death. Participant understands and appreciates the risks that are inherent in the Activities, and Participant agrees to comply with, and have all Participant Parties comply with, all rules imposed by Company regarding the Activities but acknowledges such rules do not set the standard of care required to be exercised by Participant. Participant agrees to behave in a controlled and reasonable manner at all times, and to cause Participant Parties to do the same, and to refrain from engaging in the Activities in a manner inconsistent with the intended design and purpose.
Participant certifies that Participant is fully capable of engaging in the Activities and has the necessary and recommended training, certifications, and experience to safely engage in the Activities. Therefore, Participant hereby acknowledges and agrees that Participant is engaging in the Activities voluntarily and that Participant knowingly assumes all such risks arising from or related thereto. Participant further understands that Participant is ultimately responsible for Participant’s safety while engaging in the Activities. Participant shall engage in the Activities at Participant’s sole risk, and Participant acknowledges and agrees that Participant is engaging in the Activities at Participant’s sole risk and that Participant, on behalf of Participant Parties, assumes all responsibility and liability for any accident, illness, damages (both economic and noneconomic), expenses, loss of property, injury, death, or any other loss including, but not limited to, losses resulting from or caused by theft, vandalism, fire, smoke, water, rain, ice, snow, explosion, or acts of god, suffered by Participant Parties or Participant’s guests arising from or related to Participant engaging in the Activities, whether the aforementioned is foreseeable, unforeseeable, or arises from the negligence, gross negligence, or no fault of Participant Parties, the Company Parties (defined below), or others. Further, Participant acknowledges and agrees that any supervision, instruction, or assistance provided by Company Parties, if any, to Participant while engaging in the Activities is not intended to be of a professional nature and Participant assumes all risks from relying on such information and any other risk associated therewith.
WAIVER AND RELEASE OF LIABILITY
On behalf of Participant Parties, and to the greatest extent permitted by law, Participant hereby waives, releases, and forever discharges the Company, its successors, insurers, affiliates, affiliate companies, associates, independent contractors, employees, volunteers, agents, tenants, landlords, and the foregoing’s officers, directors, members, managers, employees, and agents and the owner of the Premises (collectively, “Company Parties”), jointly and severally, from all claims, actions, demands, rights, causes of action and liabilities, in law or in equity, whether Participant Parties’ own or derivative claims, and whether now existing or hereafter arising, based upon any bodily injury or disability, illness or disease, death, financial loss, damages and expenses, property loss, destructions, or other harm of whatever nature, whether foreseen or unforeseen, that may be suffered or sustained by Participant Parties or by any other person or entity as a direct or indirect consequence of Participant Parties engaging in the Activities, whether caused, in whole or in part, by the negligence or gross negligence of Company Parties or otherwise.
Participant hereby agrees that Participant Parties will not bring a claim against, sue, demand compensation from, or attach the property or assets of the Company Parties or any of the them, either in Participant’s name or Participant Parties names, for any loss or damage arising or resulting directly or indirectly from Participant engaging in the Activities or Participant’s or Participant Parties’ presence at any of the Company Parties’ premises.
PARTICIPANT AGREES TO INDEMNIFY AND HOLD HARMLESS COMPANY PARTIES FROM ANY AND ALL CLAIMS WHICH PARTICIPANT PARTIES OR THEIR GUESTS MIGHT MAKE OR WHICH MIGHT BE MADE ON PARTICIPANT PARTIES BEHALF BY OTHERS OR WHICH MIGHT BE MADE AGAINST COMPANY PARTIES BY OTHERS, ARISING FROM OR RELATED TO PARTICIPANT PARTIES OR THEIR GUESTS ENGAGING IN THE ACTIVITIES. FURTHERMORE, PARTICIPANT AGREES TO INDEMNIFY THE COMPANY PARTIES FOR ANY ACCIDENT, ILLNESS, INJURY, DEATH, EXPENSE, LOSS, DAMAGE, OR PROPERTY LOSS WHICH MIGHT OCCUR DURING, ARISE FROM, OR IS RELATED TO PARTICIPANT PARTIES OR THEIR GUESTS ENGAGING IN THE ACTIVITIES OR SOCIAL FUNCTIONS SPONSORED BY THE COMPANY OR HELD ON ITS BEHALF OR FOR ITS BENEFIT.
REPRESENTATIONS AND WARRANTIES
Participant has carefully read, clearly understands, and hereby accepts the terms and conditions stated herein and acknowledgesthat this Agreement shall be effective and binding upon Participant Parties. Participant is not relying on any oral, written, or visual representations or statements made by the Company, including those made in its brochures or promotional materials, to induce Participant to enter into this Agreement or to engage in the Activities. Therefore, Participant hereby represents and warrants that:
A. Participant has voluntarily executed this Agreement of Participant’s own free will, without duress or pressure from any person and Participant is over the age of 18.
B. Participant understands and acknowledges that by signing this Agreement Participant is giving up certain legal rights, including the right to recover damages in the event of accident, property damage, illness, injury, death, or other loss. Participant understands that this Agreement is a promise not to sue and a waiver, release, and indemnification of all claims.
C. Participant has read this Agreement carefully, and fully understands all of its terms and conditions. Participant’s signature below and Participant’s initials herein acknowledge that Participant has had the opportunity to carefully read the entire Agreement and to have any questions answered to Participant’s satisfaction.
D. In the event any portion of this Agreement shall be declared invalid, unenforceable, or void by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.
PARTICIPANT HAS READ THE ABOVE AGREEMENT AND UNDERSTANDS THAT BY VOLUNTARILY SIGNING BELOW PARTICIPANT PARTIES ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS INCLUDING, BUT NOT LIMITED TO, ASSUMING THE RISKS OF ENGAGING IN THE ACTIVITIES, RELEASING CLAIMS RELATED TO OR ARISING FROM ENGAGING IN THE ACTIVITIES, AND INDEMNIFYING COMPANY PARTIES FROM CLAIMS RELATED TO OR ARISING FROM ENGAGING IN THE ACTIVITIES.
Today's date: September 28, 2022