CHANGO’S AXE THROWING
Release and Waiver of Liability
READ CAREFULLY – THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS
I enter into this release and waiver of liability in connection with being onsite at any Chango’s Axe Throwing property. I agree that this liability waiver applies to axe throwing, darts, watching either activity, and with being on this premises (i.e. the “Activities”). This waiver equally applies to my entering or exiting any facility operated by Chango’s Axe Throwing and whether my participation in the Activities occurs at a Chango’s Axe Throwing facility or another location and whether inside or outside. I agree to the following:
I alone assume all risks associated with being on, entering, or exiting a Chango’s Axe Throwing premises and with participating in any Chango’s Axe Throwing Activity. Those risks include but are not limited to injuries from slipping or tripping (including in any bathroom); falling; injury from falling equipment; negligent training, instruction, or hiring; from miscarriage or other pregnancy related complications; injuries from throwing an axe, from having an axe thrown at me, or from an axe ricocheting from another surface including a target, wall, or floor; from the failure from any barrier equipment; from a miss-thrown axe by a participant or employee; from allegedly negligent cleaning and/or building/facility maintenance; from participating in any social event provided on-site; from equipment (including but not limited to the sudden, unforeseen malfunctioning of any equipment); from aggravation of a pre-existing injury; from other individuals on-site where alcohol is served; from any interaction with a Chango’s Axe Throwing staff member; from an allergic or chemical reaction to any agent and/or cleaner used on-site; or from the contraction of any illness, disease, condition, or infection from this premises or allegedly, our staff or other participants. I acknowledge that these injuries could be psychological, emotional, or physical and that they could be minor or significant (including death). I understand that this activity is inherently, very dangerous and that these risks cannot be eliminated without jeopardizing the essential qualities of this activity.
I understand that these Activities are monitored by Chango’s Axe Throwing employees but it is not possible for such employees to monitor the activities and actions of all participants at all times. I expressly agree that I alone will accept all risks of injuries and/or death to me or any minor in my care while on this property and/or participating in these Activities. I agree to follow all safety directions provided by our axe coaches and other staff.
I agree not to hold Spartan Entertainment Enterprises, LLC d/b/a Chango’s Axe Throwing, and its respective affiliates, employees/agents, owners, directors, and partners (i.e. the “Released Parties”) liable in any respect for alleged negligence for any injury or death stemming from or related to any of the aforementioned Activities or risks enumerated in this agreement of which I have explicitly been made aware and for which I have assumed sole legal responsibility.
I understand that the Released Parties are not responsible for any loss of personal property. I understand that, except to request a monetary refund for an individual Activity, I have no claim against the Released Parties by reason of their refusal to allow me to participate in any Activity or event at this location.
I agree to indemnify, defend, and hold harmless the Released Parties against any claims, liability, damages, defense costs (including attorneys’ fees), and any other costs incurred in connection with claims for bodily injury, wrongful death, loss of consortium or property damage arising out of or otherwise related to my participation in these Activities. I agree that if I (on my own behalf or on behalf of another, including an estate) assert a claim (including a claim for negligence or wrongful death) against any of the Released Parties and/or otherwise breach my agreement not to sue any of the Released Parties, I will pay all reasonable fees (including attorneys’ fees), costs, and expenses incurred by said Released Parties to defend (1) the claim; and (2) all other claims arising out of the same facts as the claim.
In consideration of my participation in Chango’s Axe Throwing’s Activities, I understand and voluntarily accept these risks and agree to not hold the Released Parties liable for any injury or claim which arises from my participation in such Activities, events, the use of these facilities or from any risk or situation described in this document. Accordingly, I do hereby forever release and discharge the Released Parties from any and all claims or causes of action to the fullest extent allowable by law.
To the extent applicable, I consent to my minor child or ward (i.e. a child in my care) (“the Minor”) participating in these Activities. I know that these Activities carry specific risks identified in this agreement and I believe the Minor is qualified and of the appropriate age to participate in these Activities. If, despite this release, I, the Minor, or anyone on the Minor’s behalf, makes a claim against any of the Released Parties, I agree to defend, indemnify, and hold harmless the Released Parties from any litigation expenses, attorneys fees, costs, loss, liability, or damages they incur whether the claim is based in negligence or otherwise.
The validity, enforcement, construction, and interpretation of this agreement shall be governed by Texas law. Any action or proceeding arising in connection with this agreement and/or with the undersigned’s participation in any Chango’s Axe Throwing Activity or from being on its premises or against Chango’s Axe Throwing in any respect, can only be brought in Reeves County, Texas. All parties to this agreement waive any objection to the jurisdiction of these courts whether based on convenience or otherwise.
If any provision or part-provision of this Release is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement. By signing this release, I acknowledge that I understand its contents and that this release cannot be orally modified. I voluntarily agree to the terms and conditions stated above. I sign this agreement on my own behalf and, if applicable, on behalf of the Minor.
Click here if you’re signing for a child