Waiver and release of all claims (including negligence):
WARNING REGARDING COVID-19
Any interaction with the general public poses an inherent risk of exposure to COVID-19. People who show no symptoms can spread COVID-19 if they are infected. COVID-19 is an extremely contagious disease that can lead to severe illness and death. The CDC advises that older adults and people of any age who have underlying medical conditions are especially vulnerable to severe illness from COVID-19. By visiting The Axe Game you voluntarily assume all risks related to exposure to COVID-19.
- Participants are required to sign waiver of liability before participating in any session.
- Waiver and release of all claims (including negligence): In consideration for use of the facility, I waive and release The Axe Game, its agents, servants, employees, insurers, successors and assigns from all claims, demands, causes of action, damages or suits at law and equity of whatsoever kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence at the facility or use of the facility and/or equipment. This waiver and release is intended to and does release The Axe Game from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties and The Axe Game’s negligence, including but not limited to negligence in the construction, maintenance and upkeep of the facility and its equipment, negligence in training or negligence in supervision. I further covenant and agree not to institute any claims or legal action against The Axe Game for any claim released by this Agreement. I further agree that should any claim be made against The Axe Game in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend and completely indemnity (reimburse) The Axe Game for any such claim and expenses including attorney’s fees and costs incurred by The Axe Game in defending themselves or security indemnity hereunder.
- I understand that The Axe Game is not responsible for any lost or stolen valuables or property from within the facility.
- While at the facility, I agree to conduct myself in a responsible manner and will refrain from engaging in inappropriate conduct, including the use of loud, foul, slanderous language or any intimidating or offensive conduct that would interfere with the peaceful use and enjoyment of the facility by other users.
- I acknowledge that I will fully comply with all rules and regulations and with any amendments governing the use of the facility.
- Photos: From time to time, photos will be taken and are included in our marketing materials (including, but not limited to, our website, Facebook page, fliers, and advertisements). By signing this agreement you give The Axe Game permission to use group photographs and videos which may include your image and video footage.
- I understand there is audio and video recording in the facility, and consent that it is okay.
- Asset damage: I understand that axe throwing must be contained to the assigned lane(s). I agree that I am liable for any and all damage to props, electronics, pictures, furniture, doors, windows, flooring, walls, the ceiling and all other items and structures that occurs due to negligence during my stay.
- No one under the age of 18 can participate without the presence of an adult aged 18 or over, and their parent/legal guardian is required to sign a waiver of liability for that person. No one under eight years old will be permitted to throw an axe.
- Participant is participating at their own risk, and neither owner nor operator is responsible for accident or injury to any person arising out of their participation.
- Individuals with pre-existing conditions such as back, neck, leg, or arm injuries are not permitted to throw. However, operator is not responsible for determining the physical condition or ability of any person.
- Participants may request that the session be stopped at any time.
- I understand The Axe Game reserves the right to have anybody removed from the property for any reason.
- I understand that participating while appearing to be under the influence of alcohol or drugs is not allowed and that the event will not be refunded or rescheduled.
In consideration of allowing me to participate in any events at The Axe Game, I warrant to you that:
- I am familiar with the risk of serious injury and death which any participant in this program must assume, and
- I believe that I am physically, emotionally and mentally able to participate in this program, and that my equipment is mechanically fit for my use in this program, and
- I understand that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with me, and
- I will immediately remove myself from participation, and notify the nearest official, 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 in the program.
I have read this Agreement and understand that by signing the Agreement I have consented to be bound by its terms, including the waiver/release of any legal right I may have to sue The Axe Game. I agree to reimburse The Axe Game for any costs they incur because a claim or legal action is brought in violation of this Agreement.
I agree any violation of the Agreement and its terms and conditions, as determined by The Axe Game, may result in loss of the ability to use the facility without refund. I understand that by signing this document I give up substantial legal rights I would otherwise have. I sign this document voluntarily and without inducement.
I also affirm nobody in our group is currently sick and I agree that I assume all risk regarding possible COVID-19 or other infection.