Release of Liability - Waiver and Assumption of Risk
RELEASE OF LIABILITY,
WAIVER & ASSUMPTION OF RISK
WARNING: BY SIGNING THIS WAIVER YOU ARE WAIVING CERTAIN LEGAL RIGHTS – PLEASE READ THE DOCUMENT BELOW CAREFULLY.
I, , hereinafter “Participant”, desire to participate in recreational axe-throwing, hereinafter “the Activity”, as of the date set out below, which has been organized by DEAM, LLC d/b/a Axes & Aces, , its members, owners, employees, successors, assigns, and heirs, and any party or parties who claim a right or interest through them, hereinafter “Releasees”.
This Release of Liability, Waiver, & Assumption of Risk, hereinafter “Release or document”, is entered into between the Participant and Releasees.
Participation in the Activity can be hazardous and present danger to Participant. If at any time Participant believes conditions to be unsafe, I will immediately discontinue further participation in the Activity.
1. In consideration for participating in the Activity as of the date set out below, which consideration is hereby expressly accepted and acknowledged, I hereby release and forever discharge, without qualification or limitation, and hold harmless, Releasees from any and all claims I may now and/or in the future may have against Releasees, and from any and all liability, for any personal injury, death and/or property damage, expense, and/or loss sustained by Participant, incurred on my account as a result of my participation in the Activity due to any cause whatsoever, including but not limited to and without limitation, negligence, gross negligence, willful misconduct, including the failure to take reasonable steps to safeguard or protect myself, risk, dangers, and/or hazards of participating in the Activity, and/or breach of statutory or other duty, including duties arising from occupier's liability legislation and further agree that if, despite this release, I or any other person makes a claim on my behalf against any of the Releasees, the undersigned will indemnify, save, and hold harmless the Releasees from any liability, litigation expenses, attorney fees, losses, damages, or costs which Releasees may incur as the result of any such claim, whether asserted by the undersigned, the Participant, or another person.
2. I acknowledge and accept that the Activity is inherently risky and dangerous and exposes the Participant to the possibility of personal injury, death, property damage and/or loss resulting therefrom. Risks may arise out of contact and/or participation with other participants, equipment and other mishaps. Risks may be caused by the Participant’s own actions, or inaction, the actions or inaction of other participants, the condition of the facilities in which the Activities take place, and/or the negligence of Releasees. Some Risks cannot be predicted or controlled. There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time.
3. It is agreed and understood that if I commence any legal action and the Releasees are added to such proceeding in any manner whatsoever, whether justified in law or not, I will immediately
discontinue the proceedings and/or claims. This Release shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future by the Participant with respect to the matters covered by this Release. This Release may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defense and reply, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised by the Participant in any subsequent action that the other parties in the subsequent action were not privy to the formation of this Release.
4. I hereby agree that this Release will be governed by applicable local Laws and that any dispute arising from this Release will be adjudicated in the County of Lincoln, State of Nebraska.
5. If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this document had been executed with the invalid provision eliminated.
6. This Release shall remain in effect until a written revocation of the Release is provided to Releasees, but I hereby consent that the Release will remain valid for any events occurring prior to the revocation.
PHOTOGRAPHS, VIDEOS AND RECORDINGS: I release all photos taken of me at Axes & Aces. I acknowledge that Axes & Aces will own such “Images” and further grant Axes & Aces permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to the business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof.
I further waive any right to inspect or approve the use of the Image. I forever release and hold Releasees harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever and waive any and all claims and causes of action relating to use of the Images, including without limitation, claims for invasion of privacy rights or publicity.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE RELEASEES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
I further agree that I have read and will adhere to all Safety Rules at Axes & Aces posted on the wall, and I will follow the instruction of the trainers and lane supervisors. I understand that I must wear closed-toe shoes. I agree that violation of any of the rules is grounds for immediate expulsion with no refunds.
-If Participant is under the age of 18 this Release must be signed by Participant's legal guardian
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If you have questions about the contents of this document, you can email the document owner.
Document Name: Release of Liability - Waiver and Assumption of Risk
Agree & Sign