AXE THROWING WAIVER - It's Game Time at the Superbowl

NEW RIVER VALLEY BOWLING CENTRE LLC

d/b/a IT’S GAME TIME AT THE SUPERBOWL

375 ARBOR DR

CHRISTIANSBURG, VA 24073



ONLY A PARENT OR LEGAL GUARDIAN CAN EXECUTE THIS WAIVER ON BEHALF OF A MINOR.


RELEASE OF LIABILITY, WAIVER, ASSUMPTION OF RISK AND INDEMNITY ACKNOWLEDGEMENT


RECREATIONAL AXE THROWING


WARNING:  BY SIGNING THIS WAIVER YOU ARE WAIVING CERTAIN LEGAL RIGHTS.

PLEASE READ THIS DOCUMENT CAREFULLY.


THIS RELEASE OF LIABILITY, WAIVER, ASSUMPTION OF RISK AND INDEMNITY ACKNOWLEDGEMENT (this “Waiver”) is executed by the undersigned as of the date signed below, on the undersigned’s behalf and/or on behalf of any minor (i.e., an individual under 18 years of age) for which the undersigned is executing this Waiver on such minor’s behalf, as indicated below (each of the undersigned and/or any such minor being a “Participant”), and for and on behalf of each Participant’s personal representatives, successors, assigns, heirs, devisees, and next of kin (the “Participant Parties”).  


The undersigned hereby understands and agrees that this Waiver may only be executed on behalf of a minor if the undersigned is the parent or legal guardian of such minor Participant listed below, and the undersigned hereby represents and warrants that the undersigned is the parent or legal guardian of any minor Participant listed below. 


In consideration of Participant being allowed to participate in, or be a spectator of, recreational axe throwing activities (the “Activities”) provided by New River Valley Bowling Centre, LLC, d/b/a It’s Game Time at the Superbowl, at 375 Arbor Dr, Christiansburg, Virginia 24073 (the “Complex”), each Participant, on behalf of each Participant and each of the Participant Parties, by signing this Waiver  does hereby:


  1. ACKNOWLEDGES, AGREES, AND FULLY UNDERSTANDS AND ACCEPTS that THE ACTIVITIES ARE HAZARDOUS, PRESENT A DANGER TO PARTICIPANT, AND INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH, AND/OR LOSS RESULTING THEREFROM (“Risks”); (b) these Risks and dangers may be caused by Participant’s own actions or inactions, the actions or inactions of others participating or in or viewing the Activities, the conditions in which the Activities take place, and/or THE NEGLIGENCE OF THE RELEASEES NAMED BELOW; (c) there may be OTHER RISKS or SOCIAL AND ECONOMIC LOSSES either not known to Participant or not readily foreseeable at this time; and (d) that Participant’s participation in the Activities is voluntary.  Participant believes that Participant  is qualified to participate in the Activities and if at any time Participant believes conditions to be unsafe, Participant will immediately discontinue further participation in the Activities.


  1. ACKNOWLEDGES AND ACCEPTS that prior to participating in the Activities, Participant shall watch and understand a brief instructional and safety demonstration provided by the It’s Game Time at the Superbowl, shall read and understand the rules and regulations provided by It’s Game Time at the Superbowl for participation in the Activities, and shall perform in conformity with the information conveyed in this Waiver.


  1. UNDERSTANDS AND AGREES that in order for Participant to participate in the Activities, Participant must agree to be bound by the terms of this Release of Liability, Waiver, Assumption of Risk and Indemnity Acknowledgement.


  1. ACKNOWLEDGES that alcohol will be available at the Complex and AGREES that if Participant has attained the age of 21 and elects to consume alcohol prior to or during participating in the Activities, Participant AGREES TO ASSUME ALL RISKS, known or unknown, related to consuming such alcohol and agrees to be fully responsible and liable for any and all claims, demands, losses, damages, costs, expenses, injuries, liabilities, or obligations of any kind which may arise due to Participant’s consumption of such alcohol.


  1. ACKNOWLEDGES that no Participant may consume alcoholic beverages unless they have attained the age of 21 and that no Participant shall pass or share any alcoholic beverage with anyone in the Complex under the age of 21.  VIOLATIONS HEREOF SHALL RESULT IN IMMEDIATE DISMISSAL FROM THE COMPLEX WITHOUT A REFUND OF ANY KIND.


  1. FULLY ACCEPTS AND ASSUMES ALL SUCH RISKS DESCRIBED HEREIN AND ALL RESPONSIBILITY FOR ANY AND ALL LOSSES, COSTS, EXPENSES AND DAMAGES Participant incurs as a result of Participant’s participation in, or being a spectator of, the Activities at the Complex.


  1. HEREBY WAIVES, RELEASES, ACQUITS AND DISCHARGES It’s Game Time at the Superbowl, its members, managers, directors, officers, employees, attorneys, agents, successors and assigns (It’s Game Time at the Superbowl and each of the foregoing being individually a “RELEASEE” and collectively, the “RELEASEES”) FROM ALL CLAIMS, DAMAGES, LOSSES, EXPENSES, AND LIABILITIES OF ANY KIND OR NATURE WHATSOEVER WHICH PARTICIPANT NOW HAS OR WHICH MAY ARISE IN THE FUTURE FROM OR IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN, OR BEING A SPECTATOR OF, THE ACTIVITIES AT THE COMPLEX.  This Waiver shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which may be brought in the future by Participant with respect to the matters covered by this Waiver.  This Waiver may be pleaded in the event any claim, complaint or proceeding is brought by Participant against any RELEASEE 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 Participant in any subsequent action that the other parties in the subsequent action were not privy to this Waiver and the terms hereof. 


  1. HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS each of the Releasees FOR ANY AND ALL SUITS, CLAIMS, LOSSES, DAMAGES, EXPENSES, COSTS, JUDGMENTS OR OTHER LIABILITIES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, COSTS AND EXPENSES) ARISING OUT OF OR IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN, OR BEING A SPECTATOR OF, THE ACTIVITIES AT THE COMPLEX. 


  1. ACKNOWLEDGES that this Waiver contains the entire agreement between the parties hereto, that the terms of this Waiver are contractual, are not a mere recital, and any breach of these terms may be enforced against Participant and the Participant Parties, and may give rise to a damage claim against Participant and the Participant Parties enforceable by a further legal proceeding, and that Releasees have not made any oral, written or visual representations or statements that are not otherwise reflected in this Waiver.


SEVERABILITY:  The invalidity or unenforceability of any particular provision of this Waiver shall not affect the other provisions hereof, and this Waiver shall be construed in all respects as if such invalid or unenforceable provisions were omitted.


PHOTOGRAPHS, VIDEOS AND RECORDINGS:  Participant hereby grants to Releasees the non-revocable permission to capture Participant’s likeness and image in photographs, videos, recordings, or any other media (collectively, “Images”).  Participant acknowledges that It’s Game Time at the Superbowl will own such Images an further grants permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to the business of It’s Game Time at the Superbowl, including without limitation, publications, advertisements, brochures, social media postings, or other electronic displays and transmissions thereof. Participant further waives any right to inspect or approve the use of any Images by It’s Game Time at the Superbowl, prior to its use hereunder.  Participant forever releases and holds harmless It’s Game Time at the Superbowl from any and all liability arising out of the use of the Images in any manner or media whatsoever as provided herein, and waives any and all claims and causes of action relating to use of the Images, including without limitation, claims for invasion of privacy, copyright infringement, or publicity.


GOVERNING LAW:  This Waiver shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.


THE UNDERSIGNED HEREBY CERTIFIES THAT HE/SHE HAS COMPLETELY READ AND UNDERSTANDS THIS RELEASE OF LIABILITY, WAIVER, ASSUMPTION OF RISK AND INDEMNITY ACKNOWLEDGEMENT, THAT PRIOR TO SIGNING THIS RELEASE OF LIABILITY, WAIVER, ASSUMPTION OF RISK AND INDEMNITY ACKNOWLEDGEMENT, HE/SHE HAS HAD THE OPPORTUNITY TO ASK QUESTIONS ABOUT THIS RELEASE OF LIABILITY, WAIVER, ASSUMPTION OF RISK AND INDEMNITY ACKNOWLEDGEMENT, THAT BY SIGNING THIS RELEASE OF LIABILITY, WAIVER, ASSUMPTION OF RISK AND INDEMNITY ACKNOWLEDGEMENT THAT HE/SHE ASSUMES ALL RISKS AND WAIVES AND RELEASES CERTAIN RIGHTS THAT PARTICIPANT AND/ OR ANY OF THE PARTICIPANT PARTIES MAY HAVE AGAINST ANY OF THE RELEASEES.


Who will be participating?

Adult  Adult and Children  

Signee Information

By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.