The individual named below (referred to as “I” or “me”) desires to participate in recreational axe throwing and axe throwing related activities (the “Activities”) using equipment (the “Equipment”) provided by Yonah Axe, LLC 201 Elizabeth Street Boaz, Alabama as the case may be (in each case, the “Company”). As lawful consideration for being permitted by the Company to use the Equipment and to participate in the Activities, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES AND THE USE OF THE EQUIPMENT ARE DANGEROUS ACTIVITIES AND INVOLVE THE SIGNIFICANT RISK OF SERIOUS INJURY AND/OR PERMANENT PARALYSIS AND/OR DEATH AND/OR PROPERTY DAMAGE. SUCH RISKS MAY BE FORESEEABLE OR UNFORESEEABLE, AND MAY INCLUDE, BUT ARE NOT LIMITED TO: FAILURE OF ANY SAFETY BARRIERS OR OTHER SAFETY MEASURES, EQUIPMENT MALFUNCTION, MISS-THROWN AXES BY EMPLOYEES OR PARTICIPANTS, MISHANDLING OF THE EQUIPMENT BY EMPLOYEES OR PARTICIPANTS, AND OTHER SUCH RISKS, HAZARDS AND DANGERS THAT ARE INTEGRAL TO THE USE OF THE EQUIPMENT AND TO AXE THROWING, WHETHER IN AN INDOOR AXE THROWING FACILITY OR OUTDOORS. I REPRESENT THAT I AM IN GOOD HEALTH AND IN PROPER PHYSICAL CONDITION TO USE THE EQUIPMENT AND PARTICIPATE IN THE ACTIVITIES. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY OR OTHERS. I ACKNOWLEDGE THAT I AM VOLUNTARILY USING THE EQUIPMENT AND PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, no known or hereafter known, against the Company, and its affiliates (including each entity listed above), and each of their respective officers, directors, members, managers, employees, agents, successors, and assigns (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to the use of the Equipment or the Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. I further agree to obey all stated instructions, rules, and conditions during my use of the Equipment or participation in the Activities, and will remove myself from participation and contact a representative of the Company if I observe any unusual significant hazard related to the Activities or my use of the Equipment.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against the indemnified party arising out of or resulting from any claim of a third party related to my participation in the Activities or my use of the Equipment.
I hereby agree that I will ensure that any other person in my party signs a release of liability and waiver identical to this Agreement in form and substance prior to using the Equipment or participating in or spectating the Activity.
This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Marshall County, Alabama and I hereby consent to the exclusive jurisdiction of such courts.
To my knowledge, I have not been in close contact with a confirmed case of COVID-19, I am currently not experiencing a cough, shortness of breath, or sore throat and I have not had a fever in the last 48 hours.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
By proceeding with the waiver form below, you agree that you have read the waiver details above.