ACKNOWLEDGEMENT AND WARRANTY
I ACKNOWLEDGE AND WARRANT THAT:
1. I am aware that the ACTIVITIES may not be supervised or monitored by professional staff;
- I am familiar with the risk of serious injury and death which any participant in the ACTIVITIES must assume;
- I am physically, emotionally and mentally able to participate in the ACTIVITIES;
- I have not been advised by a medical practitioner to refrain from participating in the ACTIVITIES;
- I understand that all applicable rules for participation in the ACTIVITIES must be followed and that at all times the sole responsibility for personal safety remains with me;
- I understand that it is recommended that I have accidental medical coverage and agree that if I do not have accidental medical coverage, I will be financially responsible for any and all charges and fees incurred in the rendering of any treatment in the case of an injury.
- In case of an injury, I authorize the staff of CLEAVAGE AXE THROWING LTD. to render first aid and I hereby authorize CLEAVAGE AXE THROWING LTD. staff to act for me in case of an emergency.
- I will immediately remove myself from participation, and notify the nearest CLEAVAGE AXE THROWING LTD. representative, if at any time I sense or observe any unusual hazardous or unsafe condition and/or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation in the ACTIVITIES;
- I am aware that participating in the ACTIVITIES involve many risks, dangers and hazards which may result in serious injury or death including but not limited to: improper use of equipment; equipment failure; splinters, cuts, lacerations, fractures, punctures or abrasions; collision with other persons; loss of balance or control; slips, trips and falls; failure to act safely or within one’s own ability; and negligence of other persons;
- I agree that my right to participate in axe throwing and use the equipment may be terminated without refund if I fail to follow all applicable rules for participation in the ACTIVITIES. I accept full responsibility for return of all equipment in good condition or to pay replacement cost upon termination of the game; and
- I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY
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 Releasees and any persons associated therewith or participating in the ACTIVITIES therein;
2. an unqualified WAIVER OF ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, as a result of my participation in the ACTIVITIES due to any cause whatsoever, including negligence, breach of contract or breach of any statutory duty of care owed including a duty of care under the Occupiers Liability Act R.S.B.C. 1996, c. 337, on the part of the Releasees in respect of the provision of or the failure to provide any warnings, directions or instructions as to the use of the axe or the risks, dangers and hazards of participating in the ACTIVITIES;
3. my agreement to HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in the ACTIVITIES;
- a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY OF THE RELEASEES, any organizer of the ACTIVITIES and all persons 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 of and from with the respect to all injury, disability, death or loss or damage to person or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise;
- my AGREEMENT NOT TO SUE OR MAKE CLAIM AGAINST 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
- my 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 incur due to any claim made against them or any one of them whether the claim is based in the negligence or the gross negligence of the Releasees or otherwise.
7. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES.
- 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 bringing alcohol to the CLEAVAGE AXE THROWING LTD. premise.
9. I understand and agree that I must wear closed-toed shoes in order to participate in the ACTIVITIES. By wearing footwear that exposes my toes, I am at risk of injury including, but not limited to, axes and/or knives falling on my feet and/or hitting my feet causing minor to severe injury. If I decide to wear open-toed shoes despite being instructed not to do so either on this waiver and/or by an on-site employee, I assume all liability and risk by doing so.
- I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Public Health Agency of Canada (PHA) guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the PHA and/or provincial 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 willingly choose to participate in the ACTIVITIES.
- I acknowledge and fully assume 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, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract the Releasees from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the ACTIVITIES.
- I shall indemnify, defend and hold harmless the Releasees from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.
- In the event that CLEAVAGE AXE THROWING LTD. or the Releasees. take photographs or videos, I hereby assign full copyright of these photographs and videos to CLEAVAGE AXE THROWING LTD. (and the related representatives and assigns) together with the right of reproduction either wholly or in part. Furthermore, I grant CLEAVAGE AXE THROWING LTD. 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
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the ACTIVITIES, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ THIS RELEASE AGREEMENT THOROUGHLY AND I AM AWARE THAT BY COMPLETING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES
I UNDERSTAND THAT THE RELEASEES ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WAIVER AND RELEASE, UNDERTAKINGS AND AGREEMENTS WHEN ACCEPTING MY PARTICIPATION IN THE ACTIVITIES.
I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.