Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement
Please read carefully and be certain you understand the implications of signing this Agreement.
- I fully understand and appreciate the inherent risks associated with the throwing of, or use of, axes of any size or kind; the potentially dangerous nature associated with the throwing of, or use of, axes of any size or kind; the potentially hazardous risks associated with the throwing of, or use of, axes of any size or kind; and/or the potentially dangerous environment that can be caused to myself, and/or to others, from the misuse, or throwing of axes of any size or kind.
- I acknowledge and understand that I will be voluntarily engaging in activities that involve axes, 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.
- I believe that I am physically, emotionally and mentally able to participate in axe 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 agree and understand that the staff and/or owners of Mo’s House of Axe reserve the right to refuse entry, suspend or cancel any axe throwing related activities at any time for any reason.
- I assume all the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability, or death.
- I release from, waive and discharge all actions, claims, or demands that I, my assignees, heirs, guardians, and legal representatives now or hereafter have for damage or losses on account of injury, including permanent disability and death or damage to property, caused or alleged to be caused in whole or in part by the negligence or other acts of Western Axe, LLC, and its affiliates, subsidiaries, partners, members, managers, shareholders, directors, officers, employees or agents, as a result of my participation in any activities that involve axes. I hereby agree and covenant to save and hold harmless, indemnify, and defend any claim against Western Axe, LLC, its affiliates, subsidiaries, partners, members, managers, shareholders, directors, officers, employees or agents, as a result of my participation in any activities that involve axes.
- I agree that neither myself, nor my assignees, heirs, guardians, and/or legal representatives will sue Western Axe, LLC, or any of its affiliates, subsidiaries, partners, members, managers, shareholders, directors, officers, employees or agents as a result of my participation in any activities that involve axes.
- I understand that drinking alcohol is not a requirement of any activity which takes place at this location, including but not limited to, the throwing of, or use of, axes. If I do consume alcohol at this location, I agree that I am at least 21 years of age, and I do so of my own choice and volition and agree to drink responsibly.
- I assume the risks associated with alcohol consumption and take full responsibility for my own actions, safety and welfare.
- I agree to exercise ordinary and reasonable care at all times, and to not drink alcohol to the extent that my judgment is impaired. I understand the potential risks associated with the consumption of alcohol and acknowledge that I do not have, or am not aware of, any medical condition(s) that would prevent me from consuming alcohol that would result in any injury or damage as a result of alcohol consumption. I acknowledge and agree that none of Western Axe, LLC, or any of its affiliates, subsidiaries, partners, members, managers, shareholders, directors, officers, employees or agents shall be responsible or liable for any accident, injury, theft, loss or damage caused by my impaired judgment or negligence.
- I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or videotape without payment or any other consideration. I understand that my image may be videotaped, 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.
- Further, I agree that by signing this waiver I will forgo using any personal photographs, pictures, videos, or other recorded media taken in, on or around the premises of Mo’s House of Axe for any unlawful use that would directly, or indirectly, infringe upon any proprietary rights of Western Axe, LLC, or any of its affiliates including, but not limited to, using any recorded media such as photographs, videos, or voice recordings for any personal or professional monetary gain, for any personal or professional promotional uses, for any advertising purposes, or for any other type of use that would cause public confusion as to the proprietary ownership of Western Axe, LLC, or any of its affiliates, and the business operation of Mo’s House of Axe.
- I understand and agree that all of the above waiver, release and assumption of risk will remain on file and apply for the term of one (1) year from the date of signing and will apply whenever I am on the premises of any Mo’s House of Axe location during such time.
- SEVERABILITY. I expressly agree that this Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement (“Agreement”) is intended to be as broad and inclusive as is permitted by the law in the state of California and that if any portion thereof is held invalid, it is agreed that the remainder of this Agreement, shall, notwithstanding, continue in full legal force and effect.
- BINDING ARBITRATION. I agree that any dispute relating to, referring to, involving or pursuant to this Agreement shall be resolved exclusively by binding arbitration according to the rules of Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive law of the State of California, excluding any application or consideration of the Arbitration Act of said State.
- By entering into this Agreement, I am not relying on any oral or written representations or statements made by Western Axe, LLC, other than what is set forth in this Agreement. I hereby represent that I can fully, competently, emotionally and mentally adhere to each and every provision of this Agreement.
I HAVE CAREFULLY READ THE ABOVE WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I DO SIGN IT VOLUNTARILY. I AGREE TO PARTICIPATE KNOWING THE RISKS AND CONDITIONS INVOLVED AND DO SO ENTIRELY OF MY OWN FREE WILL. I ACKNOWLEDGE READING THE RULES AND REGULATIONS OF MO’S HOUSE OF AXE AND AGREE TO ABIDE BY THEM. I HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS AGREEMENT. I AM AWARE THAT BY SIGNING THIS AGREEMENT I ASSUME ALL RISKS AND WAIVE AND RELEASE CERTAIN RIGHTS THAT I AND EACH OF MY HEIRS, NEXT OF KIN, FAMILY, RELATIVES, GUARDIANS, CONSERVATORS, EXECUTORS, ADMINISTRATORS, TRUSTEES AND ASSIGNS MAY HAVE AGAINST RELEASEES WESTERN AXE, LLC AND MO’S HOUSE OF AXE.
By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.
By clicking the “Request” Button in the below link after completing the form, you agree to the terms of this waiver