Participation Waiver, Mountain Man Axe Throwing and Smash Room
RELEASE OF LIABILITY, WAIVER AND ASSUMPTION OF RISK
WARNING: BY SIGNING THIS WAIVER YOU ARE WAIVING CERTAIN LEGAL RIGHTS – PLEASE READ THE DOCUMENT BELOW CAREFULLY
TO: Mountain Man Axe Throwing LLC, for themselves, their present
And former parent, 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 aright or interest through them (hereinafter, the “Releasees”);
RE:> Recreational Axe-Throwing, Smash room, Paint Room (the “Activity”)
I desire to participate in the Activity on the date as set Out below, which has been organized by the Releases.
In consideration for being allowed to participate in the Activity on the date as set out below, which consideration is hereby expressly accepted and acknowledged, on behalf of myself, my representatives, heirs, agents administrators, trustees, executors, assigns, successors and on behalf of any party or parties who claim a right or interest through me (hereinafter, the
“Releasor”), I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION the Releases from any and all claims I may now and/or in the future may have against the Releases, and from any and all liability, for any personal injury, death and/or property damage, expense, and/or loss sustained by me 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 me from the 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.
THE RELEASOR ACKNOWLEDGES AND ACCEPTS that the Activity is inherently risky and dangerous, and there is the possibility of personal injury, death, property damage and/or loss resulting therefrom.
THE RELEASOR AGREES AND UNDERSTANDS that in order to participate in the Activity on the date set out below, he/she must agree to be bound by the terms of this Release of Liability, Waiver and Assumption of Risk.
THE RELEASOR AGREES that he/she will be fully responsible for all costs and expenses that may be incurred in providing any special services to him/her, outside of regular services agreed to or provided by the releases in connection with the Activity, and without limiting the generality of the foregoing, agrees to be responsible for, and to pay for any and all costs relating to special travel, medical attention, or other special outlay for him/her personally, and to reimburse the releases for all costs of these services as may be incurred by them for his/her benefit or at his/her request. Releasor acknowledges that Releasee is not responsible for the errors, omissions, acts, or failures of any party or entity who may also be utilizing the facility. Releasor shall be responsible for any damages to the Facility caused as a result of the willful actions, negligence, and recklessness of Releasor and/or any minor children of Releasor who may also be participating in the Activity.
THE RELEASOR HEREBY confirms that by executing this agreement, he/she is representing that he/she is of the full age of majority and that he/she has read, and understands, this agreement. The Releasor acknowledges that he/she is not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs, which may affect or impair his/her motor skills, judgment, or general ability to think clearly.
IT IS AGREED AND UNDERSTOOD that the Releasor will not make any claim or take any proceedings against any other person or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity, or under the provisions of any statute or regulation, including “comparative fault as defined in W. Va. Code § 55-7-13a, et seq.” , and the amendments thereto and/or under any successor legislation thereto, and/or under the Rules of Civil Procedure, from the Releasees with respect to the matters discharged by this Release of Liability, Waiver, and Assumption of Risk. IT IS AGREED AND UNDERSTOOD that if the Releasor commences such an action, or takes such proceedings, and the Releasees are added to such proceeding in any manner whatsoever, whether justified in law or not, the Releasor will immediately discontinue the proceedings and/or claims, and the Releasor will be jointly and severally liable to the Releasees for the legal costs incurred in any such proceeding, on a substantial indemnity basis. This Release of Liability, Waiver, and Assumption of Risk 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 Releasor with respect to the matters covered by this Release of Liability, Waiver, and Assumption of Risk. This Release of Liability, Waiver, and
Assumption of Risk 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 Releasor in any subsequent action that the other parties in the subsequent action were not privy to formation of this Release.
THE RELEASOR ACKNOWLEDGES that this Release of Liability, Waiver, and Assumption of Risk contains the entire agreement between the parties hereto, that the terms of this Release of Liability, Waiver, and Assumption of Risk are contractual, are not a mere recital, and any breach of these terms may be enforced against the Releasor, and may give rise to a damage claim against the Releasor enforceable by a further legal proceeding. The Releasor further acknowledges that the Releasees have not made any oral, written or visual representations or statements that are not otherwise reflected in this agreement.
THE RELEASOR HEREBY AGREES This Release of Liability, Waiver, and Assumption of Risk shall be governed by the laws of the State of West Virginia and any dispute arising hereunder shall be adjudicated by the Circuit Court of Monongalia County, West Virginia, or the United States District Court for the Northern District of West Virginia, if appropriate jurisdiction lies. Releasor hereby consents to jurisdiction in such court(s) for purposes of any dispute arising from this agreement or the enforceability of this agreement.
PHOTOGRAPHS, VIDEOS AND RECORDINGS
I hereby grant Mountain Man Axe Throwing LLC, its managers, employees, and owners (collectively) non-revocable permission to capture my image and likeness in photographs, videotapes, recordings, or any other media (collectively “images”). I acknowledge that Mountain Man Axe Throwing LLC will own such images and further grant Mountain Man Axe Throwing LLC permission to copyright, display, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to Mountain Man Axe Throwings 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 by Mountain Man Axe Throwing prior to its use. I forever release and hold Mountain Man Axe Throwing LLC 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. The images taken will be used only in legitimate marketing purposes and promotion of Mountain Man Axe throwing.
I accept Mountain Man Axe Throwing LLC taking pictures or videos of me and publishing on any media source for advertising
I would like to receive email updates on any new promotions.
a. This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. Should any provision of this Agreement be deemed illegal or unenforceable, the remainder of the Agreement will not be affected.
b. RELEASOR CERTIFIES THAT HE/SHE HAS READ THIS AGREEMENT IN ITS ENTIRETY, AND HE/SHE EITHER FULLY UNDERSTANDS ITS CONTENTS OR HAS HAD THE ABILITY TO SPEAK WITH LEGAL COUNSEL AS TO ITS CONTENTS. RELEASOR IS AWARE THAT THIS AGREEMENT PROVIDES FOR A COMPREHENSIVE RELEASE OF LIABILITY FOR RELEASEE AND RELEASEE’S AGENTS IN EXCHANGE FOR THE ACTIVITIES, AND RELEASOR IS SIGNING THIS AGREEMENT OF HIS/HER OWN FREE WILL.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (Hereinafter the “Release Agreement”). BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!
TO: Mountain Man Axe Throwing and Smash Room and their respective directors, officers, employees, guides, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as the “Releasees”).
ASSUMPTION OF RISKS
I am aware that participating in a smash room involves unusual risks, dangers and hazards including, but not limited to: accidents which may occur in the facility; slips and falls; malfunction of the equipment used; injury and open wounds; shock, stress or other injury to the body while participating in the smash room; negligence on the part of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE SMASH ROOM. I acknowledge that the use of Mountain Man Axe Throwing and Smash Room’s Smash Room may result in injury, worsening of an existing medical condition, or death. I freely accept and fully assume all such risks, dangers and hazards and the possibility of injury, death, property damage or loss resulting therefrom.
MEDICAL CONDITION
I understand that use of the smash room may place unusual stresses on the body. Use of smash rooms are not recommended for persons suffering from asthma, epilepsy, cardio/respiratory disorder, hypertension, or skeletal, joint or ligament problems or conditions, and certain mental illnesses. Women who are pregnant or suspect they are pregnant, are not recommended to engage in the smash room. Alcohol is not permitted and by signing this waiver you are confirming you are not under the influence of any intoxicating substance such as but not limited to alcohol or drugs. I have been advised to consult with my medical practitioner if I have any concern about my medical condition or fitness to engage in the rage room.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees agreeing to my participation in the smash room, and permitting my use of the Mountain Man Axe Throwing and Smash Room‘s equipment, room and other facilities, I hereby agree as follows:
PHOTO/VIDEO RELEASE – I consent to photographs and videos being taken of me during my participation in the smash room, and to publication of the photographs and videos by the Releasees for advertising, promotional and marketing purposes.In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the rage room, other than what is set forth in this Release Agreement.I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SUBMITTING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.