1. I (the “Participant”) agree to the following Waiver and Release. The Participant acknowledges that engaging in axe throwing activities including, but not limited to, the throwing of, or use of, axes of any size, or kind, and engaging in any activities ancillary thereto, (hereinafter the “Activities”) on any property owned or leased (hereinafter the “Premises) by CHILL AXESTM, LLC (hereinafter “CHILL AXESTM”), has inherent risks, hazards, and dangers that cannot be eliminated. The Participant fully understands and appreciates the inherent risks associated with the Activities; the potential dangerous nature associated with the activities; the potential hazardous risks associated with the Activities; and/or the potentially dangerous environment that can be caused by the Participant, and/or to others, from the misuse, or throwing of axes of any kind, or size.
2. The Participant acknowledges and understands that the Participant will be voluntarily engaging in the Activities, which may result, without limitation, in the risk of serious injury, scarring, loss of an important bodily function, permanent disability, or death, and may cause severe social or economic losses due to not only the Participants own actions, inaction or negligence, but also to the action, inaction or negligence of others, or conditions of the premises or of any equipment used. Further, the Participant acknowledges that there may be other risks not known to the Participant or not reasonably foreseeable at this time.
3. The Participant understands that these activities require good physical conditioning and a degree of skill and knowledge. The Participant believes the Participant is physically, emotionally, and mentally able to participate in the Activities safely. The Participant’s participation in the Activities is purely voluntary. No one is forcing the Participant to participate and the Participant elects to participate in spite of the risks. THE PARTICIPANT IS VOLUNTARILY ENTERING UPON THE PREMISES IN ORDER TO PARTICIPATE IN THE ACTIVITIES.
4. The Participant agrees that the Participant will immediately remove his/herself /themself from participation in the Activities, and notify the nearest staff member if, at any time, the Participant senses or observes any unusual hazard or unsafe condition, or if the Participant feels that the Participant has experienced any deterioration in the Participant’s physical, emotional or mental fitness for continued participation in the Activities.
5. The Participant assumes all the foregoing risks and accepts personal responsibility for the damages following any resulting injury, permanent disability, or death.
6. The Participant releases from, waives and discharges all actions, claims, or demands that the Participant, Participant’s assignees, heirs, guardians, and legal representatives now have or hereafter will have for damage or losses on account of injury, including, but not limited to, permanent disability and death or damage to property, caused or alleged to be caused in whole or in part by the negligence or other acts of CHILL AXESTM, its subsidiaries, shareholders, directors, officers, employees or agents, as a result of the Participant’s participation in the Activities. The Participant hereby agrees and covenants to save and hold harmless, indemnify, and defend any claim against CHILL AXESTM, its subsidiaries, and its shareholders, directors, officers, employees or agents, as a result of the Participant’s participation in the Activities.
7. The Participant agrees that neither the Participant, nor the Participant’s assignees, heirs, guardians, and/or legal representatives will sue or otherwise bring any claim against CHILL AXESTM, its subsidiaries, shareholders, directors, officers, employees or agents as a result of the Participant’s participation in the Activities.
8. The Participant understands that drinking alcohol is not a requirement of the event. If the Participant does consume alcohol during the event, the Participant agrees that the Participant is over 21 years of age, and the Participant does so of the Participant’s own choice and volition. The Participant further certifies that, if the Participant does consume alcohol during the event, the Participant agrees to drink responsibility and heed suggestions from others and will not drive if the Participant is intoxicated. The Participant acknowledges that the Participant alone is responsible for all of Participant’s actions (unless the Participant is under the age of 18, in which case the parent/guardian is solely responsible for the Participant’s actions) resulting from consuming alcohol and its subsidiaries, shareholders, directors, officers, employees or agents, are in no way responsible.
9. The Participant assumes the risks associated with alcohol consumption and take full responsibility for the Participant’s own actions (unless the Participant is under the age of 18, in which case the parent/guardian is solely responsible for the Participant’s actions), safety and welfare.
10. The Participant agrees to exercise ordinary and reasonable care at all times, and to not drink alcohol to the extent that Participant’s judgment is impaired. The Participant understands the potential risks associated with the consumption of alcohol and acknowledge that the Participant does have, or the Participant is not aware of, any medical condition(s) that would prevent the Participant from consuming alcohol that would result in any injury or damage as a result of alcohol consumption. The Participant acknowledges and agrees that CHILL AXESTM, its subsidiaries, shareholders, directors, officers, employees or agents, shall not be responsible or liable for any accident, injury, theft, loss or damage caused by the Participant’s impaired judgment or negligence.
11. The Participant agrees and understands that the staff and/or owners of CHILL AXESTM reserve the right to refuse entry, suspend or cancel any axe throwing related activities at any time for any reason.
12. The Participant hereby grants permission to the rights of the Participant’s image, likeness and sound of the Participant’s voice as recorded on audio or videotape without payment or any other consideration. The Participant understands that the Participant’s image may be videotaped, edited, copied, exhibited, published or distributed and waives the right to inspect or approve the finished product wherein the Participant’s likeness appears. Additionally, the Participant waives any right to royalties or other compensation arising or related to the use of the Participant’s image or recording.
13. The Participant agrees that by signing this waiver the Participant will forgo using any personal photographs, pictures, videos, or other recorded media taken in, on or around any CHILL AXESTM event or Premises for any unlawful use that would directly, or indirectly, infringe upon CHILL AXES’s proprietary rights. Specifically, but not limited to, using any recorded media such as, but not limited to, photographs, videos, or voice recordings, for any personal or professional monetary gain, for any personal or professional promotional uses, for any advertising purposes, or for any other type of use that would cause public confusion as to the proprietary ownerships of CHILL AXES’s business operations.
14. For league play, the Participant understands and agrees that all of the above waiver, release and assumption of risk will remain on file and apply to the entirety of the current league season and will apply whenever the Participant is on any CHILL AXESTM Premises or attending any CHILL AXESTM event.
15. Finally, the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. As such, the Participant agrees to the following:
a. The Participant acknowledges and understands that the Activities are social activities, and understand the inherent risks of a social activity in contracting a virus like COVID-19 or other contagious diseases. The Participant understands that social distancing, and all other efforts on the Participant’s and CHILL AXESTM’ part to prevent the spread of contagious diseases, cannot guarantee that the Participant will not become infected and agree to assume this risk and hold CHILL AXESTM harmless if the Participant contracts COVID-19 or any other illness as a result of the Participant’s participation in the Activities today;
b. The Participant certifies to CHILL AXESTM that, in recognition of recent developments associated with the coronavirus, the Participant does not have any of the symptoms of possible coronavirus infection, including but not limited to, fever, coughing, sneezing or shortness of breath, and that, in the last two (2) weeks the Participant has not been exposed to anyone showing any signs of possible coronavirus infection.
16. SEVERABILITY. The Participant expressly agrees that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Maryland and that if any portion thereof is held invalid, it is agreed that the remainder of the agreement, shall, notwithstanding, continue in full legal force and effect.
17. BINDING ARBITRATION. The Participant agrees that any dispute relating to, referring to, involving or pursuant to this Agreement of release of liability, waiver, assumption of risk and indemnity shall be resolved exclusively by binding arbitration according to the rules of the American Arbitration Association. Such proceedings will be governed by substantive law of the State of Maryland, excluding any application or consideration of the Arbitration Act of said State.
THE PARTICIPANT HAS READ THIS AGREEMENT AND UNDERSTANDS THAT THE PARTICIPANT HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT. THE PARTICIPANT HAS SIGNED IT FREELY AND VOLUNTARILY, WITHOUT INDUCEMENT, ASSURANCE, AND/OR REPRESENTATION BEING MADE TO THE PARTICIPANT. THE PARTICIPANT INTENDS THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IT IS THE PARTICIPANT’S INTENTION THAT THIS WAIVER AND RELEASE SHALL BE CONSTRUED BROADLY TO PROVIDE THE RELEASE, THE WAIVER OF LIABILITY AND THE ASSUMPTION OF RISK TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW. IF ANY PROVISION OF THIS AGREEMENT OR THE APPLICATION THEREOF SHALL BE INVALID, ILLEGAL, OR UNENFORCEABLE, THE REMAINDER OF THIS AGREEMENT SHALL NOT BE AFFECTED AND SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO CONFLICTS OF LAW.
By proceeding with the waiver form below, you agree that you have read the waiver details above.