RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
This agreement releases Tossin' Axes LLC from all liability to injuries that may occur during axe throwing, arcade gameplay, pinball, mini golf or other activates located at Tossin' Axes. By signing this agreement, I agree to hold Tossin' Axes LLC entirely free from liability, including financial responsibility from injuries incurred, regardless of whether injuries are caused by negligence. I the undersigned, for myself, my personal representatives, agents, heirs and next of kin acknowledge, understand and agree.
I also acknowledge the risks involved while Axe Throwing. These include but are not limited to scrapes, cuts, bruises, broken bones up to and including death. I swear that I am participating voluntarily, and that all the risks have been made known to me. Additionally, I do not have any conditions that will increase my likelihood of experiencing injuries while participating at events at Tossin' Axes including but not limited to axe throwing, arcade gameplay, games, activities, loud music, laser lights, strobe lights, fog, haze, etc.
I understand that the sport of axe throwing and associated activities, including but not limited to, close contact with sharp weaponry, lack of hydration, standing, walking, ascending and descending stairs, cuts and splitters are all inherent risks you will encounter at Tossin' Axes. I voluntarily agree to expressly assume all risks of injury or death that may at any time result from any and all such activities organized or promoted by Tossin' Axes LLC. including those caused by facilities, condition of equipment, other participants, promoters, or employees of Tossin' Axes.
I AGREE TO RELEASE Tossin' Axes LLC, Neighborhood Amusements LLC, and its owners, affiliates, insurers, employees, attorneys, agents, representatives, successors-in-interest, and assigns (collectively “Providers”) from all liability for injury, death, and property loss and damage that results from the participant’s participation in activities organized by Tossin' Axes LLC, including all liability that results from the negligence or gross negligence of such providers, or any other person or cause.
I understand that participation carries with it certain inherent risks and dangers that cannot be eliminated regardless of the care taken to avoid accidents, injury or death. I hereby assert that my participation is voluntary and that I knowingly assume all such risks including serious injury or death.
I further agree to defend and indemnify providers for all loss and damage (including, without limitation the reimbursement of the fees and expenses of attorneys and expert witnesses) arising from claims or lawsuits for personal injury, death, property loss and damage or other losses or damages arising from or related to my participation in all activities associated with Tossin' Axes and activities organized by Tossin' Axes LLC,. I understand losses include, without limitation reimbursement of providers for the fees and expenses of providers serving as witnesses, preparing for trial, or participating in any proceedings.
I understand that Tossin' Axes LLC has no liability to damages to any property during off site events. Any damages to property are the responsibility of the participating parties and event coordinator. Should damages occur, Tossin' Axes LLC has the right to direct any responsibility to the event coordinator and will be dreamed not liable.
I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT and understand that I have given up substantial rights by me as well as minors under my care and I have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extend allowed by law.
PLAYERS CODE OF CONDUCT
I AM AT LEAST 18 YEARS IOF AGE, OF SOUND MIND AND CAPABLE OF CONSENTING TO THE TERMS OF THIS AGREEMENT.
I CERTIFY THATY I HAVE NOT BEEN ADVISED AGAINST PARTICIPATING IN AXE THROWNG ACTIVITIES AND UNDERSTAND MY PHYSICAL LIMITATIONS AND I AM SUFFICIENTLY SELF-AWARE TO STOP OR MODIFY MY PARTICIPATION IN ACTIVITIES BEFORE I GET HURT.
I AGREE TO PLAY ACCORDING TO THE RULES AS POSTED AND INSTRUCTED BY THE STAFF OF TOSSIN AXES LLC.
I ACCEPT FULL RESPONSIBILITY FOR DAMAGES TO TOSSIN' AXES LLC PREMISES, FACILITIES AND/OR EQUIPMENT CAUSED BY ME.
I AGREE TO INFORM TOSSIN' AXES LLC STAFF OF ANY MEDICAL CONDITION OR TREATMENT THAT I HAVE, PRIOR TO PARTICIPATING.
I UNDERSTAND THAT RUNNING IS NEVER ALLOWED THROUGHOUT THE FACILITY.
I HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO THIS AGREEMENT AND RELEASE OF LIABILITY.
I ACKNOWLEDGE THAT IF TOSSIN' AXES, AND IT'S EMPLOYEES OR REPRESENTATIVES DOUBT MY CAPABILITIES TO SAFELY PARTICIPATE IN ANY OF THE ACTIVIES, TOSSIN' AXES MAY RESTRICT MY PARTICIPATION.
I AGREE AND UNDERSTAND THAT IF I ELECT TO CONSUME ALCOHOL PRIOR TO OR DURING MY PARTICIPATION IN THE ACTIVITIES, I ASSUME ALL RISKS, KNOWN AND UNKNOWN, RELATED TO MY CONSUMPTION AND AGREE TO BE FULLY RESPONSIBLE AND LIABLE FOR ANY AND ALL CLAIMS DEMANDS, DAMAGES, LOSSES, INJURIES, LIABILITIES, OBLIGATIONS, COSTS OR EXPENSES OF ANY KIND WHICH MAY ARISE DUE TO MY CONSUMPTION OF ALCOHOL.
I UNDERSTAND THAT VIDEO CAMERAS ARE IN USE IN THE FACILTY AND THAT VIDEO FOOTAGE AND PHOTOS MAY BE USED FOR PROMOTIONAL USE OR TO AID IN ANY INVESTIGATIONS.
I UNDERSTAND THAT UNLAWFUL ACTIVITIES BY ME OR MINORS UNDER MY CARE ON TOSSIN' AXES AND NEIGHBORHOOD AMUSEMENTS LLC PROPERTY MAY RESULT IN LEGAL ACTION AGAINST ME.
BY INITIALING THIS, I AGREE TO THE CODE OF CONDUCT AND WAIVE ALL MY RIGHTS TO BRING SUIT AGAINST TOSSIN' AXES LLC, NEIGHBORHOOD AMUSMENTS LLC OR ITS AFFILIATES FOR ANY REASON.
Date: November 30, 2023