KICKIN AXES LLC Waiver of Liability, Assumption of Risk and Indemnity Agreement Photo and Ad Publicity Media Release. - KICKIN AXES LLC WAIVER
CONSIDERATION: In consideration of being permitted to participate in any way in the Sport of Hatchet Throwing, hereinafter called “Activity”, I, for myself, my spouse, minor child/children, my heirs, personal representative and estate or assigns, do hereby waive liability, release and forever discharge Kickin Axes LLC, its owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, agents, trustees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf, from any and all demands, rights, causes of action, and damages of whatever kind or nature, arising out of all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to property, and the consequences thereof, including but not limited to serious bodily injury or death, resulting from my voluntary participation in or in any way connected with the Activity.
ASSUMPTION OF RISK: Participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The risks range from (1) minor injuries such as scratches, bruises, and cuts; (2) major injuries such as eye injury or loss of sight, joint or bodily injuries; and (3) catastrophic injuries including paralysis and death. I hereby assume all risks of damage, loss, personal injury, or death, including any such loss due to any negligence of Kickin Axes LLC. I have read the previous paragraphs and I acknowledge, know, understand and appreciate these and other risks that are inherent in the Activity. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID- 19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Kickin Axes LLC has put in place preventative measures to reduce the spread of COVID-19; however, Kickin Axes LLC cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Kickin Axes LLC could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Kickin Axes LLC and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Kickin Axes LLC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, independent contractors, employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with myself or my child(ren)’s attendance at Kickin Axes LLC. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Kickin Axes LLC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Kickin Axes LLC, its employees, agents, and representatives, whether a COVID- 19 infection occurs before, during, or after visiting Kickin Axes LLC.
INDEMNIFICATION AND HOLD HARMLESS: I further agree to indemnify, defend, and hold harmless Kickin Axes LLC, its owners, officers, directors, agents, trustees, agents, representatives, employees, an any and all other persons or entities acting in any capacity on its behalf from any and all liabilities, damages, claims, lawsuits, attorneys’ fees AND EXPENSES, and actions of any kind for any damage or injury arising out of my participation in the Activity, including any damage, loss or injury caused by any act or omission on the part of Kickin Axes LLC.
SEVERABILITY: I also agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of TEXAS and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
ACKNOWLEDGEMENT OF UNDERSTANDING: I have read this waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I certify that I am 18 years of age and suffering under no known legal disabilities; I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
PHOTO/MEDIA RELEASE: I hereby freely and irrevocably grant to Kickin Axes LLC and its authorized employees and agents, the absolute right and permission to copy, exhibit, copyright, use, take, distribute and/or publish my photographic likeness, name, voice, and/or image made in relation to my participation in the Activity in photographs, video and in any and all other media, in which I may be included in whole or in part, or in composite form in conjunction with my name and other identifying information, or reproductions thereof in color or otherwise, made through any media for art, print, web, social media, advertising, film, telecast or any other lawful purpose whatsoever. I also grant Kickin Axes LLC the same right and permission to use written or verbal statements or testimonials made by me. It is understood that no compensation has been paid and that no fee or compensation shall be due to me for my giving permission for use of my photographic image, likeness, name, or voice.
ADA Compliance: In accordance with the requirements of the Americans with Disabilities Act ("ADA"), Kickin Axes LLC will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Modifications to Policies and Procedures: Kickin Axes LLC will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. Kickin Axes LLC will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy.
I, on behalf of myself and/or on behalf of my spouse and/or minor children hereby hold harmless and release and forever discharge and agree not to sue, Kickin Axes LLC, its owners, officers, directors, agents, trustees, representatives, employees, and any and all other persons or entities acting in any capacity on its behalf from any all acts or omissions, causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands, which I, my spouse, minor children, heirs, representatives, executors, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
By signing and abiding by this waiver of liability, you agree to abide by the following rules at Kickin Axes:
1) To exercise common sense at all times.
2) To permit only one person per lane allowed in the throwing zone. (This will be designated by caution tape or other safety measures)
3) Hatchets can only be retrieved after both participants have thrown them.
4) Never retrieve a hatchet before an opponent throws one.
5) After your turn, return the hatchet to the designated holder. (Please do not hand-off the hatchet!!!)
6) Hatchets are not to be taken out of pit area and are always to be handled in a safe manner.
7) You must be at least 21 years of age to consume alcohol on the premises and must drink responsibly.
8) If you are visibly intoxicated the management and/or employees reserve the right to terminate your hatchet throwing at their discretion.
9) You agree that violating any of the above rules or by putting yourself or anyone else in harm’s way will result in termination of your hatchet throwing with no refund.