ASSUMPTION OF RISK – RELEASE & WAIVER OF LIABILITY – PUBLICITY RELEASE
IN CONSIDERATION of being permitted to participate in the ‘Up Your Axe’ Axe Throwing Experience and related events and activities (“collectively the “Activities”) provided and facilitated by Up Your Axe LLC (“Facilitator”), I HEREBY AGREE for myself, my heirs and legal representatives:
I fully understand the risks and completely assume all risks, known and unknown, of participating in Activities, including the risk of illness, death or serious bodily injury. I represent that I am in good health and physically able and ready to participate in the Activities, and do not have any physical illness, injury or disability that would make my participation in these Activities unwise or unnecessarily risky or dangerous to myself or others.
I accept and assume all such inherent dangers and risks of illness, bodily injury, permanent disability, death, and/or property damage, even if caused, in whole or in part, by the negligence of the Facilitator, and all of their respective members, managers, officers, directors, shareholders, affiliated organizations and entities, representatives and sponsors, and all volunteers, contractors, agents, members, and employees (collectively the “Facilitator Parties”). Recognizing the possibility of death and serious bodily injury associated with participating in the Activities, I hereby agree to waive, release, hold harmless and/or discharge the Facilitator Parties from any and all claims, demands, damages, losses, injuries, liabilities, obligations, costs or expenses of any kind which are made or could be made by me, or on my behalf, or by my heirs or legal representatives as a result of my participation in the Activities, even though such claims may arise due to the negligence, carelessness or recklessness of such Facilitator Parties.
I agree and understand all alcohol on the premises must be authorized and provided by the Facilitator and outside alcoholic beverages are not permitted on the premises. If I elect to consume alcohol prior to or during my participation in the Activities, I agree to assume all risks, known and unknown, related to consuming such alcohol 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 such alcohol (collectively the “Claims”). I hereby agree to indemnify, defend, and hold harmless the Facilitator Parties from any such Claims.
This release and waiver of claims is binding on me, my heirs, executors, administrators, legal representatives, assigns and successors in interest. I understand that I am giving up my right to sue the Facilitator Parties and giving up other valuable and substantial rights in exchange for being permitted to participate in the Activities.
I agree and understand that following all instructions and rules at all times while participating in the Activities is a requirement for participation. I agree that if I fail to follow such instructions and rules and act responsibly, I waive any and all right to continue participating in the Activities and any benefits associated with being a participant.
I hereby grant to the Facilitator the right to photograph, videotape or otherwise capture my image, appearance or likeness and to use such images for any legitimate purposes, commercial or otherwise.
By signing this Release, or digitally acknowledging acceptance of its terms, I agree that I have read the terms, agree to be bound by the terms and do so voluntarily and knowingly. If I am signing on behalf of my minor child, I hereby execute this Release on behalf of my minor child with a full and complete understanding that I am executing a release and waiver of potential claims on behalf of my minor child and myself.