Release of Liability, Waiver, and Assumption of Risk Agreement
Please read the information below carefully. By signing at the bottom, you consent and agree to the terms and conditions set forth in this Release of Liability, Waiver, and Assumption of Risk Agreement (this “Agreement”).
In consideration of being permitted to participate in any way in any of the activities offered by Catamount Jaxe, LLC, doing business as Catamount Jaxe Axe House (“Company”) located at 114 Market St., Cullowhee, NC 28723 (“Premises”), including, but not limited to 1) the use, handling and throwing of axes, hatchets, knives, and other sharp objects (collectively, the “Activities”), on behalf of myself, my minor child or ward, I understand and agree that:
1. Nature of Activities. I acknowledge, agree, and represent that I understand the nature of the Activities and that I and my minor children or ward are in good health, and in proper physical condition to participate in such Activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activities.
2. Assumption of Risk. Participation in the Activities is VOLUNTARY, so by signing this Agreement I agree to assume all the risks to myself, and my minor child or ward associated with participating in the Activities both known and unknown, including risks that may arise from the negligence or carelessness on the part of Company or its employees or that of third parties. I understand that the risks could include but are not limited to: (i) minor personal injuries such as scratches, bruises, and sprains, allergies, (ii) serious personal injuries such as fractures, dislocations, broken bones, loss of limb, concussions, permanent disability, paralysis, heart attack, stroke, or death, (iii) possible exposure to and illness, including the risk of serious illness or death from infectious diseases, including human and animal borne illnesses, and (iv) property damage and/or loss resulting therefrom.
3. Medical Treatment. I understand that Company has no responsibility for providing or seeking medical care in the event of an injury during the Activity or while on Company’s Premises and that I am liable for all costs associated with treatment, including transportation costs. In the event medical treatment is provided, I on behalf of myself, my minor child or ward, hereby release and forever discharge Company from any claim whatsoever which arises or may hereafter arise on account of any medical treatment or services, including first-aid or similar services, rendered in connection with my participation in the Activities or being on the Premises.
4. Release of Liability. I hereby WAIVE AND RELEASE, to the fullest extent permitted by law, Company and its officers, members, managers, employees, contractors, agents, affiliates, heirs, executors, administrators, successors and assigns (the “Released Parties”) from any and all liabilities, claims, causes of actions, suits, debts, agreements, damages, judgments, executions, and demands whatsoever in law or in equity, that I and my minor child or ward or our heirs may have now or in the future that arise in any way from any injury, death, loss, damage, expense, or harm that occur to me or my minor child or ward or to any other person or to any property damage as a result of our participation in the Activities due to any cause whatsoever, including to and without limitation, negligence, or carelessness on the part of the Released Parties.
5. Indemnification. To the fullest extent permitted by law, I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any claims, damages, losses and expenses, including but not limited to attorney’s fees, for liability for property damage or personal injury, including death, to myself and any other person resulting from or arising in connection with my, and my minor child’s or ward’s participation in the Activities, and to reimburse the Released Parties for any such expenses incurred.
6. Agreement to Follow Rules. I agree to follow any and all rules set by Company and to require that my minor child or ward follow all such rules, which shall be provided prior to the start of the Activity. I further acknowledge and agree that Company reserves the right, in its sole and absolute discretion, to deny me or my minor or ward from participating in the Activities and to ask me or my minor child or ward to leave for failure to abide by any rules established by the Company or for any other reason.
7. Use of My Likeness. I irrevocably grant Company the right to photograph, videotape, and record me and my child or ward and to use my or my child or ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, social media, and promotional materials without reservation or limitation. I acknowledge that Company will own such images and I waive on behalf of myself, my child or ward any right to inspect or approve the use of the image by Company prior to its use. I understand and agree on behalf of myself, my child or ward that we shall receive no compensation for the use of our image. I forever release and hold Company harmless on behalf of myself, my child or ward from any and all liability arising out of the use of the images, recordings and/or audio in any manner or media whatsoever and waive any and all claims and causes of action relating to use of the images, recordings and/or audio, including without limitation, claims for invasion of privacy rights or publicity. In the event I choose not to allow the use of my, my child or ward’s likeness for said purposes, I agree that I must inform Company of this in writing.
8. Miscellaneous. In addition to me, my minor child or ward, and Company, this Agreement is specifically intended to be for the benefit of the Released Parties. I agree that this Agreement will be governed by the laws of the State of North Carolina and that any dispute arising from this Agreement will be adjudicated by the State of North Carolina, and I hereby agree to submit to the exclusive jurisdiction of the Courts of Jackson County, North Carolina for this purpose. If any action or legal proceeding is brought to enforce or interpret the validity of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. This Agreement shall be binding upon me and my minor child or ward, and our successors, representatives, heirs, executors, assigns, or transferees. If any provision of this Agreement is held to be invalid, void or unenforceable, the balance of its provisions will, nevertheless, remain in full force and effect and will in no way be affected, impaired, or invalidated. The division of this Agreement into sections and the use of captions and headings in connection therewith are solely for convenience and shall have no legal effect in construing the provisions of this Agreement.
9. Entire Agreement. I acknowledge that this Agreement contains the entire agreement between the parties hereto, that the terms of this Agreement are contractual, are not a mere recital, and any breach of these terms may be enforced against me and may give rise legal proceedings. This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
10. Electronic Signature. By typing your name below, you consent to signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your handwritten signature on this Agreement.
I HEREBY CONFIRM THAT BY EXECUTING THIS AGREEMENT, I AM REPRESENTING THAT 1) I HAVE READ THIS DOCUMENT IN ITS ENTIRETY PRIOR TO SIGNING IT AND I FULLY UNDERSTAND ITS CONTENT, 2) THAT I AM THE AGE OF MAJORITY AND COMPETENT TO SIGN THIS AGREEMENT, 3) I AM AWARE THAT THIS IS DOCUMENT IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS, AND 4) I SIGN IT OF MY OWN FREE WILL.
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