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Axe Throwing Waiver

WAIVER, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

*Completion of this form by the Participant is mandatory for each session*

AXE EVOLUTION LLC a Florida limited liability company, hereinafter referred to herein as (“AXE”) is an indoor sports facility known as The Hatchetbury, offering axe throwing for all skill levels for entertainment purposes (the “ACTIVITIES”) to its customers participating in the ACTIVITIES or customers accompanying those engaged in the ACTIVITIES (the “PARTICIPANTS”) within its facilitates located at 213 NW 8th Ave., Gainesville, FL 32601 (the “PERMANENT FACILITY”) and also by mobile unit that would accommodate axe throwing activities at your home, office or community event (the “MOBILE UNIT”, together with the PERMANENT FACILITY, referred to as “FACILITY”) .

The PARTICIPANT acknowledges and fully understands: (1) the inherent danger of axe throwing; (2) that participating or observing the ACTIVITIES may result in injury or illness including, but not limited to bodily injury, strains, factures, partial and/or total amputation, death or other ailments that could cause serious disability and the PARTICIPANT is not relying on AXE to list all of the potential associated risks; (3) the risk for injury may be caused by the negligence of the PARTICIPANT, other participants at the FACILITY, AXE or employees of AXE; (4) the risk of transmission/contraction of illness or other harms involved in participating in group activities (including, but not limited to transmission of infectious diseases or viruses, including COVID-19 or similar contagious illness); and (5) the PARTICIPANT understands the potential impacts of the risks on his/her well-being and mental health.

Participant hereby asserts that participation is voluntary and that Participant knowingly assumes all inherent risks and incidental risk which may occur at the FACILITY, including but not limited to falling targets and injury as a result of slip and falls, both known and unknown, while on the AXE FACILITY.

IN CONSIDERATION for permission to participate in the ACTIVITIES on the AXE FACILITY the PARTICIPANT on behalf of himself/herself, and their spouse, heirs, personal representatives, assigns, or others making a claim on behalf of PARTICIPANT, does hereby voluntarily release, waive, discharge, and covenant not to sue AXE, its owners, directors, officers, employees, members, lessors, lessees, volunteers, independent contractors, equipment providers, and agents, (hereafter referred to, collectively, as “PROTECTED PARTIES”) from liability from any and all claims or demands thereof arising on account of bodily injury, illness (including, but not limited to transmission/contraction of contagious infectious diseases or viruses, including COVID-19) , property damage, wrongful death, loss of services or the negligence of the PROTECTED PARTIES.

THE UNDERSIGNED PARTICIPANT WARRANTS TO AXE THAT:

1. I am familiar with the risk of serious injury and death which any PARTICIPANT in the ACTIVITIES must assume, and

2. I believe that I am physically, emotionally and mentally able to participate in the ACTIVITIES, and

3. I understand that all applicable rules for participation must be followed and that at all times the sole responsibility for my personal safety and the personal safety for my minor child remains with me. I agree to obey all rules and alert the staff to any rules violations or dangerous behavior of co-participants. I agree to obey all posted signs and stay out of prohibited areas.

4. I will immediately remove myself from participation, and notify the nearest staff member, if at any time I sense or observe any unusual hazardous 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 ACTIVITIES.

5. I agree that I if an AXE Employee observes or is advised that a PARTICIPANT appears to be unfit to engage in the ACTIVITIES, AXE reserves the right to immediately end the PARTICPANTS session and remove them from the FACILITY without providing the PARTICIPANT a refund for their session.

I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives that my participation in the ACTIVITIES and execution of this document constitutes:

1. An unqualified ASSUMPTION OF ALL RISKS associated with participation in the ACTIVITIES by me even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, by the PROTECTED PARTIES and any persons associated therewith or participating therein. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the PROTECTED PARTIES. I understand and acknowledge that participation in the ACTIVITIES may be inherently dangerous and may involve the risk that I or my child will contract a serious illness (including COVID-19) or incur injury, temporary or permanent disability, death, and/or property damage. I understand that the ACTIVITIES may not be supervised and that the FACILITY does not provide medical services. I further acknowledge that any illness or injury sustained in conjunction with the ACTIVITIES may be compounded by negligent or delayed medical service. I KNOWINGLY, VOLUNTARILY, INTELLIGENTLY, AND FREELY ASSUME ANY AND ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY OR MY CHILD(REN)’S participation in the ACTIVITIES, INCLUDING THE RISK OF ILLNESS, INJURY, DEATH, OR PROPERTY DAMAGE.; and

2. A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the PROTECTED PARTIES, and all persons and organizations associated with them and the ACTIVITIES with the respect to all injury, disability, death or loss or damage to person or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise, and

3. An UNDERSTANDING NOT TO SUE the PROTECTED PARTIES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation in the ACTIVITIES by me, and

4. I acknowledge that AXE makes no representation as to the condition of the FACILITY or the safety of the FACILITY. I further agree that access to the FACILITY shall be granted only in “AS IS” condition, and agree to accept the FACILITY “AS IS.” I also acknowledge and agree that I am not relying upon any representation or statement by AXE or any of the PROTECTED PARTIES.

5. I understand that if, in spite of the above clause, legal action is brought, the sole and exclusive venue shall be in the appropriate court in Alachua County, Florida. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and is intended to be as broad and inclusive as is permitted by the laws of the State of Florida.

6. An AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the PROTECTED PARTIES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based in negligence or gross negligence of the PROTECTED PARTIES or otherwise.

7. In the event that AXE takes photographs or videos, I hereby assign full copyright of these photographs and videos to AXE (and its related representatives and/or assigns) together with the right of reproduction and I grant AXE, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, for all medium including social media and including advertising with any retouching or alteration without restriction or compensation.

AXE has my permission to use any photographs, images, or likenesses taken of the PARTICIPANT in its marketing brochures, ads, videos, website, or other media.

8. I give AXE authority to secure help and/or administer emergency first aid, when deemed necessary and give AXE authority to secure emergency medical care/transportation and I agree to assume all costs of care and transportation.

Electronic signature, whether digital or encrypted, are intended to authenticate this Agreement and to have the same force and effect as manual signatures.

IN SIGNING THIS AGREEMENT, I HAVE CAREFULLY READ IT AND UNDERSTAND THAT THE TERMS HEREOF SERVE AS A RELEASE, WAIVER AND ASSUMPTION OF RISK, AND THAT, BEING AT LEAST 18 YEARS OF AGE AND FULLY COMPETENT, SIGN IT VOLUNTARILY AND INTELLIGENTLY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.

I UNDERSTAND THAT THE PROTECTED PARTIES ARE RELYING UPON MY WARRANTIES, INDEMNIFICATION, WAIVER AND RELEASE, WHEN ACCEPTING MY PARTICIPATION IN THE ACTIVITIES.

I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I GIVE UP SUBSTANTIAL LEGAL RIGHTS I WOULD OTHERWISE HAVE.

PARENT OR GUARDIANS FOR MINORS

(UNDER 18 YEARS OF AGE)

The undersigned parent and/or natural guardian or legal guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.

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July 27, 2020 4:49 pm EDT

Axe Throwing Waiver Uploaded by The Hatchetbury - he[email protected] IP 2601:880:8100:16d0:e8ef:6332:6fdd:9110