I, the undersigned person (“Guardian”), am the parent or legal guardian of minor person identified below as Participant (“Participant”), and I am aware that participating in Activities, defined below, provided by Copper Axe Company, LLC, or its licensees, contractual partners, subsidiaries, employees, or agents (the “Company”) 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. Guardian acknowledges the inherent dangers involved in engaging in the Activities, and Guardian 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 Participant being allowed to engage in Activities, and as an inducement for the Company to allow Participant to engage in the Activities, Guardian desiresto enter into this Waiver, Release from Liability, and Indemnity Agreement (the “Agreement”) and expressly agrees, on behalf of Participant and Guardian and each of their heirs, executors, administrators, guardians, legal representatives, personal representatives, successors, assigns, and minors or other persons that Guardian is guardian therefor (collectively, “Participant Parties”) to the following:
ASSUMPTION OF RISK
Guardian understands that Participant 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. Guardian understands and appreciates the risks that are inherent in the Activities, and Guardian agrees to require Participant comply with, and have Participant Parties comply with, all rules imposed by the Company Parties, regarding the Activities. Guardian agrees to require Participant 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.
Guardian certifies that Participant is fully capable of engaging in the Activities. Therefore, Guardian hereby acknowledges and agrees that Participant is engaging in the Activities voluntarily and that Guardian knowingly assumes all such risks arising from or related thereto. Guardian further understands that Participant and Guardian are ultimately responsible for Participant’s safety while engaging in the Activities. Participant shall engage in the Activities at Participant’s and Guardian’s sole risk, and Guardian acknowledges and agrees that Participant is engaging in the Activities at Participant’s and Guardian’s sole risk and that Guardian, on behalf of Participant Parties, assumes all responsibility and liability for any accident, illness, damages (both economic and non-economic), 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 Parties’ guests arising from or related to Participant Parties 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, or others. Further, Guardian acknowledges and agrees that any supervision, instruction, or assistance provided by Company Parties to, if any, Participant Parties while engaging in the Activities is not intended to be of a professional nature and Guardian, on behalf of Participant Parties, 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, Guardian 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 (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.
Guardian hereby agrees, on behalf of Participant Parties, 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, in Guardian’s or 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 Parties’ presence at any of the Company Parties’ premises.
GUARDIAN 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, SPECIFICALLY TO INCLUDE, BUT NOT AS A LIMITIATION TO THE FOREGOING, ANY AND ALL CLAIMS FOR MEDICAL BILLS, PAIN AND SUFFERING, AND OTHER CLAIMS ARISING FROM ENGAGING IN THE ACTIVITIES AND THAT PARTICIPANT OR PARTICIPANT PARTIES MAY BE ENTITLED TO BRING. FURTHERMORE, GUARDIAN AGREES TO INDEMNIFY THE COMPANY PARTIES FOR ANY ACCIDENT, ILLNESS, INJURY, DEATH, EXPENSE (INCLUDING, BUT NOT LIMITED TO, MEDICAL BILLS AND PAIN AND SUFFERING AWARDS THAT PARTICIPANT OR PARTICIPANT PARTIES MAY BE ENTITLED TO), LOSS, DAMAGE, OR PROPERTY LOSS WHICH MIGHT OCCUR WHILE, 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
Guardian, on behalf of Participant Parties, has carefully read, clearly understands, and hereby accepts the terms and conditions stated herein and acknowledges that this Agreement shall be effective and binding upon Participant Parties. Guardian 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 Guardian to enter into this Agreement or for Participant engage in the Activities. Therefore, Guardian hereby represents and warrants that:
A. Guardian has voluntarily executed this Agreement of my own free will, without duress or pressure from any person and Guardian is over the age of 18.
B. Guardian understands and acknowledges that by signing this Agreement Guardian on its behalf and on behalf of 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. Guardian understands that this Agreement is a promise not to sue and a release of and indemnification of all claims.
C. Guardian has read this Agreement carefully, and fully understands all of its terms and conditions. Guardian’s signature below and Guardian’s initials herein acknowledge that Guardian has had the opportunity to carefully read the entire Agreement and to have any questions answered to Guardian’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. E. Guardian has the authority to enter into this Agreement on behalf of Participant Parties and is the parent or legal guardian of Participant.
GUARDIAN 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, RELEASING CLAIMS RELATED TO OR ARISING FROM, AND INDEMNIFYING COMPANY PARTIES FROM CLAIMS RELATED TO OR ARISING FROM ENGAGING IN THE ACTIVITIES.
Today's date: June 27, 2022