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THE TIMBER CO

RELEASE OF LIABILITY, WAIVER AND ASSUMPTION OF RISK

THE TIMBER CO is an axe-throwing facility and mobile trailer that allows participants to participate in axe throwing games. The individual listed under “participant information” (referred to as “Participant”) on this Release of Liability, waiver and assumption of risk agreement desire to participate in axe throwing (including, lessons, services and activities), or be present in a facility where axe throwing is occurring, As lawful consideration for the intangible value that Participant will gain by being permitted by The Timber Co to participate in the activity, Participant agrees to all the terms and conditions set forth herein.

Definition – Participant: Any customer or guest on The Timber’s premises (buiding and trailer), including minors, guests who do not actually throw any axes and all parties that participate in the activities.

Inherent Risks:

Inherent risks are those risks that cannot be eliminated with changing the nature of the activity. As with all activities, there are inherent risks of injury at The Timber Co that cannot be limited. Some risks include but are not limited to:

General Facility Risks: Slips, falls, or trips due to uneven pavement or flooring, wet, icy, or slippery surfaces or items left on the floor; falling target or construction components.

Human error risks: erratic or negligent actions; failure to follow instructions, inadvertent inattentiveness, incorrect throwing or playing techniques, errors in judgment, excessive use of intoxicating substances, failure to adequately train participants, judgment errors in emergency care, and inadequate emergency training of personnel.

Axe throwing risks: being hit by an axe - thrown or held - due to participant or staff inattentiveness, neglect, failure to follow instructions, incorrect throwing or playing techniques, errors in judgment, inadequate training, or purposeful or accidental assault or harassment by a participant. 

Types of Injuries:

All participants must understand that potential injuries are defined into three categories of injuries that may occur as a result of these inherent risks. The most common are minor injuries, which include but are not limited to hand injuries (such as splinter, calluses, skin tears, pinches, punctures and cuts, bruises, scrapes and muscle strains. Major injuries include but are not limited to, broken bones, joint/ligament/tendon injuries, internal injuries, lacerations, concussions, back injuries, and eye injuries. Catastrophic injuries, though very rare, include but are not limited to: loss of vision or hearing, permanent disability, loss of limb, heart attack, stroke, paralysis or death.

Assumption of inherent risks:

The signer acknowledges that he/she had read the above warning regarding the nature of activities at the The Timber building and trailer and the associated risks. The participant affirms that (1) he/she understands the demand of axe throwing relative to his/her skill level and health condition; (2) he/she understands the types of injuries that may occur as a result of the activities and is not relying on the Timber Co. to list all the potential risks; (3) he/she understands the risks on his/her well-being, lifestyle and potential future careers; (4) Alcohol is served on premises and it is not staff’s expertise or skill to assess, evaluate, or determine if a participant is experiencing the effect of an intoxicating substance that would reduce a participants safely relative to themselves or others on site.

Participant hereby asserts that his/her participation is voluntary and that he/she knowingly assumes all inherent risks, both known and unknown. Participant further assets that he/she will follow all instructions, will act in a safe and prudent manner towards themselves and others at the facility and/or trailer, that they will not consume alcohol to a point where their decisions, vision, coordination, skill or safety actions are impaired in the slightest degree, and will not use or be under the influence of any controlled substance or medication that would impair their ability to be safe in any way. 

Waiver of Liability for Negligence:

In consideration of permission for the participant to use the facility and services and participate in activities today and on all future dates, the participant, on behalf of him/herself, and their spouse, heirs personal representatives assigns or other making claim on behalf of Participant, do hereby release, waive, discharge and covenant not the sue The Timber Co, its owners, director, officers, employes, member, lessors, lessees, volunteers, independent contractors, equipment providers, and agents, (hereafter referred to, collectively as “Protected Parties”) without qualification or limitation from liability from any and all claims arising from (1) the NEGLIGENCE of The Timber Co or other protected parties, (2) the presence of participant on the premises of The Timber Co, (3) any inherent risks, whether perceived or not; (4) any and all liability from personal injury, death, property damage, expense and/or loss sustained by Participant as a result of being at the facility. This Assumption of Risk and Waiver of Liability also applies to, but is not limited to, any/all claims resulting from the damage to loss of or theft of property. Participants release The Timber Co from any claims and rights that participant has 1) now against The Timber Co and/or 2) may have in the future.

Participant agrees to assume all risks, known and unknown, related to consuming alcohol prior to or during Participants participation in the activities and agrees to be fully responsible and liable for all claim, demands, damages, losses, injuries, liabilities, obligations, costs or expense of any kind which may arise due to Participant's consumption of such alcohol.

Image or Likeness Participation:



Clarifying Clauses:

I have read this form and fully understand the waiver, the rules and the obligations imposed on me. I acknowledge that I am not under the influence of any substances including alcohol, illicit drugs, or prescription drugs, which may affect or impair my motor skills, judgment or general ability to think clearly.

I agree to obey all rules, all posted signs, and stay out of prohibited areas, and alert staff to any rule violations or dangerous behavior or co-participants.

I will inform The Timber Co of any injury (even minor injuries) prior to leaving the facility.

I give The Timber Co authority to secure help and/or administer emergency first aid, when deemed necessary and give The Timber Co authority to secure emergency medical care/transportation and I agree to assume all costs of care and transportation.

I understand I am to cease activity immediately and inform staff if I feel any unusual discomfort or serious injury.

I understand that if, in spite of the above clause, legal action is brought, the appropriate trial court in Colorado has the sole and exclusive jurisdiction and that only the substantive laws of the State of Colorado shall apply.

I understand that I can be asked to cease activity and leave at any time without refund of monies paid, if a staff member feels that I am acting in an unsafe manner.















First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

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Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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