Release of Liability, Waiver of Claims, Express Assumption of Risk, Indemnity Agreement and Photo & Video Release.
Please read carefully and be certain you understand the implications of signing.
- I fully understand and appreciate that axes, knives, or any other sharp objects of any size are potentially dangerous objects, the dangers, hazards, and risks inherent in axe/knife throwing, and the inherent risks associated with the use and misuse of axes/knives.
- I acknowledge and understand that I will be voluntarily engaging in activities that involve axes/knives, which may result 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 my 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, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time (the risks identified in this paragraph, the “Risks”).
- I am in good health and physical condition, and am physically, emotionally and mentally able to participate in axe/knife throwing. I acknowledge and agree that it is my sole responsibility to determine whether I am sufficiently healthy and in sufficient condition to participate in axe/knife throwing.
- I will immediately remove myself from participation, and notify the nearest staff member if at any time I sense or observe any unusual hazard or unsafe condition, or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation.
- I voluntarily assume all the Risks and accept responsibility for the damages, liabilities, losses or expenses incurred as a result of my participation in axe throwing and all related activities including but not limited to the basketball hoop, Nintendo, swing, and all other items inside Battle Axe San Diego.
- I forever release from, waive and discharge all actions, claims, or demands that I, my assignees, heirs, guardians, and legal representatives now have or hereafter have against Battle Axe San Diego LLC, and each of its affiliates, subsidiaries, shareholders, directors, officers, employees and agents, for damage or losses on account of injury, including without limitation permanent disability and death or damage to property, whether known or unknown arising in connection with my participation in any axe throwing related activities, regardless of whether caused by the negligence of the releasees or otherwise. I hereby agree and covenant to save and hold harmless, indemnify, and defend any claim against Battle Axe San Diego LLC., and each of its affiliates, subsidiaries, shareholders, directors, officers, employees, or agents, as a result of my participation in any axe/knife throwing related activities, whether known or unknown and regardless of whether caused by the negligence of the releases or otherwise.
- I agree that I, my assignees, heirs, guardians, and legal representatives forever agree not to, and waive any current or future right to, sue Battle Axe San Diego LLC, and each of its affiliates, subsidiaries, shareholders, directors, officers, employees or agents as a result of any axe/knife throwing related activities.
- I understand that drinking alcohol is not allowed.
- I agree to exercise ordinary and reasonable care at all times, and to not to be intoxicated. I understand the potential risks associated with the consumption of alcohol and acknowledge that I will not consume alcohol before throwing axes. I acknowledge and agree that Battle Axe San Diego LLC shall not be responsible or liable for any accident, injury, theft, loss or damage caused by my impaired judgment or negligence.
- I agree and understand that the staff and or owners of Battle Axe reserve the right to refuse entry, suspend or cancel any axe/knife throwing related activities at any time for any reason.
- I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio, images or video tape in any and all publications and other media without payment or any other consideration. I understand that my image, likeness and sound of my voice will become the property of Battle Axe San Diego LLC and may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording.
- CONSENT TO MEDICAL TREATMENT. In the event of a medical emergency, you authorize Battle Axe San Diego LLC to provide to you, through medical personnel of Battle Axe San Diego LLC’s choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Battle Axe San Diego LLC to provide such assistance, transportation, or services. Battle Axe San Diego LLC shall attempt to reach the emergency contact for you, if you list such contact below, but in the event that Battle Axe San Diego LLC cannot reach that contact and authorizes medical treatment, in no way shall Battle Axe San Diego LLC be liable for any medical costs, expenses, or injuries sustained due to Battle Axe San Diego LLC‘s selection of medical personnel or choice to request emergency care for you.
- I understand and agree that this agreement extends forever into the future and will have full force and legal effect each and every time I visit Battle Axe San Diego LLC, whether at the current location or any other location or facility. Without limiting the generality of the foregoing, I specifically acknowledge and agree that for league play, this agreement will remain on file and apply to all visits throughout the league season as well as any other future visit.
I hereby agree that this agreement shall be construed in accordance with the law of the State of California and that this agreement is intended to be as broad and inclusive as permitted by such law. I further agree that if any portion hereof is held invalid, the balance shall, notwithstanding, continue in full force and effect. By signing this agreement I am allowing and will take full responsibility for my actions or my child’s actions, if applicable. Battle Axe San Diego has permission to text me regarding appointment reminders and specials.
By entering into this agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this agreement.