Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement
WARNING: You’re Throwing Sharp, Pointy, Deadly Things…. Throwing Axes can be Hazardous to Your Health...
Serious Injury and/or Death Can Occur…
PLEASE READ CAREFULLY, this agreement includes a release of liability and waiver of legal rights and deprives you of the right to sue Tomahawk Entertainment, LLC., DBA Axe-Mania, their present and former parents, subsidiaries, affiliates and related companies and each of their respective present and former directors, officers, shareholders, employees, volunteers, servants, agents, administrators, trustees, successors and assigns and any party or parties who claim a right or interest through them now or in the future (the "Released Parties").
Do not sign this agreement unless you have read it in its entirety. Seek the advice of legal counsel if you are unsure of its effect.
In consideration of Tomahawk Entertainment, LLC., DBA Axe-Mania ("Axe-Mania") allowing me to participate in any and all recreational activities or events in which Axe-Mania is in any way involved (the "Activities"), I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns (the "Releasing Parties"), hereby agree to the following Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement. YOU AGREE TO THE FOLLOWING:
1) I hereby represent that (a) I am in good health and in proper physical condition to participate in the Activities; and (b) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Activities. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activities.
2) I understand and acknowledge the physical and mental rigors associated with the Activities are inherently dangerous and represent an extreme test of a person’s physical and mental limits and condition. I understand that participation in the Activities involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness, disease, permanent disability, paralysis, and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; accidents, contact or collision with other participants, spectators, vehicles, or natural or manmade objects; dangers arising from adverse weather conditions; imperfect conditions existing on the property where the Activities take place; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the organizers of the Activities; and other undefined risks and dangers which may not be readily foreseeable or are presently unknown (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Activities, or the acts, inactions, or negligence of the Released Parties, I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses which I incur as a result of my participation in the Activities.
3) I agree to read, become familiar with and abide by all rules and regulations established for the Activities in which I participate. I also accept sole responsibility for my own conduct and actions while participating in these Activities and the condition and adequacy of any equipment that I might own and supply in conjunction with those Activities.
4) I hereby release, waive, and covenant not to sue, and further agree to indemnify, defund and hold harmless the Released Parties, together with the organizers, promoters, sponsors, advertisers, hosts, venue and property owners upon which the Activities take place, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, and volunteers with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss of expense, including court costs and reasonable attorney’s fees of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Activities, including claims for Liability caused in whole or in part by the negligence of the Released Parties, I will indemnify, defend, and hold harmless each of the Released Parties from any such Liability which any may be incurred as a result of such a claim. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns), and acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete understanding between the parties regarding these issues and that no oral representation, statements, or inducements have been made apart from this Agreement.
5) If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
6) To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of any of the Released Parties.
7) In the event that I should require medical care or treatment, I agree to be financially responsible for any cost incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
8) In the event that the willful actions, neglect or recklessness of the Releasing Parties cause any damage to the equipment or facilities of the Released Parties, I acknowledge and agree to be held liable for any and all costs associated with any such actions.
9) I agree that this Agreement will be governed by the Laws of the State of Texas.
10) Photographs, Videos & Recordings
Axe-Mania loves social media and we plan to take photos and blast them on every media site possible. I understand and hereby grant the Released Parties non-revocable permission to capture my image and likeness in photographs, videotapes, recordings, or any other media (collectively “images”). I acknowledge that the Released Parties will own any such images and further grant the Released Parties permission to copyright, display, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to its/their axe throwing 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 such images prior to such use.
I have read and received a copy of the Posted Rules/Regulations and the Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement.
