A. ASSUMPTION OF RISK
1. I am aware that throwing an axe, as well as participating in any related activities organized by 2632525 Ontario Inc., operating as AXED, exposes me to many inherent risks, dangers and hazards, including death. By engaging in any activities offered by or associated with AXED, I freely accept and fully assume all inherent risks, dangers and hazards and the possibility of personal injury, property damage or other loss.
2. I believe that I am physically, emotionally and mentally able to participate in this activity and that I am not impaired drugs or alcohol.
3. I understand that all applicable instruction and rules for participation must be followed and that at all times the sole responsibility for personal safety remains with me.
4. 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 activity.
B. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have against AXED and its directors, officers, employees, agents and representatives, AND TO RELEASE AXED and its directors, officers, employees, agents and representatives from any and all liability for any loss, damage, injury or expense that I may suffer or that my next of kin may suffer, as a result of my participating in activities offered by or associated with AXED, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, AND/OR BREACH OF THE OCCUPIERS LIABILITY ACT, R.S.O. 1990, c.0.2. on the part of AXED and its directors, officers, employees, agents and representatives.
2. TO HOLD HARMLESS AND INDEMNIFY AXED and its directors, officers, employees, agents and representatives from any and all liability for any property damage or personal injury to any third party, resulting from my use of equipment and participation in the activities offered by or associated with AXED.
3. This Agreement shall be binding upon my heirs, executors, administrators and assigns in the event of my death.
4. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario.
5. Any litigation involving the parties to this Agreement shall be brought within the Province of Ontario.
6. I acknowledge that I am free to consult with a lawyer prior to signing this document and participating in the activities of AXED and I voluntarily chose to waive that option.
In entering into
this Agreement, I am not relying upon any oral or written representations or
statements made by AXED other than what is set forth in this Agreement.
I hereby grant permission to AXED and its representatives to photograph and video me, and
otherwise capture my image. I further grant to AXED and
its representatives the right to reproduce, use, exhibit, display, broadcast and distribute these images and
recordings in any media now known or later developed for promoting, publicizing or explaining AXED. Photographs and video
images are the property of AXED.
I have read
and understood this Agreement prior and I consent to providing my electronic signature as a means of confirming that I have read and understand this document. I am aware that by signing
this Agreement, I am waiving certain legal rights which I or my heirs,
executors, administrators and assigns may have against AXED and its
directors, officers, agents and representatives.