ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENTASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY. BY SIGNING, YOU ARE GIVING UP YOUR AND/OR YOUR MINOR CHILD’S/WARD’S LEGAL RIGHTS.
In consideration of being allowed to participate in the services and activities, including, but not limited to, axe throwing and knife throwing arena access, axe throwing, bar, seating area, and snack bar access and any other amusement activities (collectively “ACTIVITIES”), as well as, being around, interact with, or come into contact with the design, location, construction, inspection and maintenance of the fencing, the cages or throwing lanes, the floors, including any rails, boxes, fencing, barriers, wall designs, targets, including the selection of the construction materials or the failure to construct fences or other barriers, the posting or failure to post warnings, signs, or any of the classification and labeling of the axes or fencing or cages or throwing lanes, the design, construction or maintenance of the axes, including the blades or handles, or the attachment of the blade head to the handle (collectively “TRADE DRESS”), provided by GET AXED, LLC and SINGLE LANE FRANCHISING, LLC, and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, franchisees, area developers, insurers, facility operators, premises owners, equipment owners or providers and any and all other persons and entities acting in any capacity on its behalf (collectively “GET AXED”), on behalf of myself, and/or on behalf of my minor child/ward, and each of our heirs, assigns, next of kin, personal representatives and estate, and all other persons and entities who could in any way represent me or them or act on my or their behalf, I agree to the following:
Assumption and Acknowledgement of Risk. I acknowledge, agree and represent that I understand the dangerous nature of the ACTIVITIES and that my minor child/ward is (if signing on behalf of minor child/ward) or I am (if signing waiver for myself) qualified, in good health, and in proper physical condition to participate in such ACTIVITIES and TRADE DRESS. I acknowledge that the ACTIVITIES and TRADE DRESS entail known, unknown and unanticipated risks, seen and unseen, which could result in physical or emotional injury, paralysis, death, or damage to property or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the ACTIVITIES and TRADE DRESS. On behalf of my minor child/ward (if applicable) and myself, I agree to assume all risk and bear full responsibility for any injury or damage my minor child/ward (if applicable) or I may suffer or cause another to suffer in the ACTIVITIES and TRADE DRESS.
Release of Liability and Promise Not to Sue. Despite all known and unknown risks, I hereby expressly and voluntarily RELEASE, COVENANT NOT TO SUE and FOREVER DISCHARGE (personally and on behalf of my minor child/ward) GET AXED and agree to hold it harmless from all manner of action and actions or omission(s), cause and cause of action, suits, debts, sums of money, accounts, contracts, agreement, promises, damages, judgements, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omission(s) committed by GET AXED, whether the action arises out of any damage, loss, personal injury, or death to me or my minor child/ward, while participating in or as a result of participating in any of the ACTIVITIES and TRADE DRESS. This Release of Liability and Covenant Not to Sue, is effective and valid regardless of whether the damage, loss, personal injury or death is a result of any act or omission(s) on the part of GET AXED.
Indemnification. I hereby agree to indemnify and hold harmless from and against any and all losses, liabilities, claims, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by GET AXED, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgements GET AXED incurs in the event that I or my minor child/ward cause any injury, damage and/or harm to GET AXED and/or any and all other persons and entities acting in any capacity on behalf of GET AXED. I further agree that if I or my minor child/ward or anyone acting on my or their behalf makes a claim against GET AXED, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS GET AXED from any litigation expenses, attorneys’ fees, loss, liability, costs, damages or expenses which may result from such claim.
Venue. In the event a lawsuit filed against GET AXED, I agree to the sole and exclusive venue of the State of Texas, Williamson County. I further agree that the substantive law of Texas shall apply without regard to any conflict of law rules. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
Other Agreements. I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my minor child/ward visits GET AXED; provided, however, that a minor child/ward will need to execute his own agreement upon reaching the age of 18. I hereby grant GET AXED on behalf of myself and on behalf of my minor child/ward the right to utilize the cell phone number given at registration, and to utilize any photograph and/or record me and/or my minor child/ward in connection with GET AXED and to use the cell phone number and photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration and without compensation of any kind to me and/or my minor child/ward. The child thrower is in my legal custody.
By signing this document, I understand that I may be found by a court of law to have forever waived my and or my minor child’s/ward’s rights to maintain any action against GET AXED on the basis of any claim from which I have released GET AXED herein. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
We reserve the right to review your driver’s license and/or other forms of identification to verify your age.
I HAVE READ THIS DOCUMENT THOROUGHLY
I UNDERSTAND THAT THE RELEASES ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WAIVER AND RELEASE, UNDERTAKINGS AND AGREEMENT WHEN ACCEPTING MY PARTICIPATION IN THE ACTIVITIES and TRADE DRESS.
I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I GIVE UP SUBSTANTIAL LEGAL RIGHTS I WOULD OTHERWISE HAVE AND WILL BAR MY RIGHT TO SUE.
I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.
I UNDERSTAND THAT BY EXCUTING THIS AGREEMENT, I AM REPRESENTING THAT I AM AT LEAST EIGHTEEN (18) YEARS OLD AND THAT I HAVE READ, AND UNDERSTAND, THE AGREEMENT.