PARTICIPANT AGREEMENT, RELEASE, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In consideration of the services and all activities provided by “Kinfolk Mobile Axe Throwing, LLC” (hereinafter collectively referred to as “Kinfolk Axe”), their members, managers, officers, directors, owners, employees, agents, contractors, subcontractors, volunteers, property owners, sponsors, successors, and all other persons or entities acting in any capacity on Kinfolk Axe behalf. I hereby agree to release, indemnify, and discharge “Kinfolk Axe” on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows.
I acknowledge that my participation in Kinfolk Axe services, equipment, tools, items, and facilities is inherently dangerous and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, damage to myself, to property, to third parties, and could even result in death. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities.
Risks include, but are not limited to: Slipping and falling; flying debris; strains, sprains, broken bones, and musculoskeletal injuries including head, neck, back and eyes; cuts, abrasions, bruises; organ damage; hearing loss; any other life-threatening damage. Participants are expected to be aware of: equipment failure; own physical conditions, and physical exertion associated with the activities performed.
Alcohol Use. I agree and understand all alcohol on the premises must be authorized and provided by Kinfolk Axe and outside alcoholic beverages are not permitted on the premises. If I elect to consume alcohol prior to or during my participation in the Activities, I agree to assume all risk, known and unknown, related to consuming such alcohol and agree to be fully responsible and liable for any and all claims, demands, damages, losses, injuries, liabilities, obligations, costs or expenses of any kind which may arise due to my consumption of such alcohol. Kinfolk Axe has the right to refuse service to me if I am intoxicated, as well as, the right to not issue any refund for the activities I paid for in advance on their website or in their facility.
I hereby agree to indemnify, defend, and hold harmless Kinfolk Axe from any such claims.
I acknowledge that certain medical conditions should be taken into consideration to determine if Kinfolk Axe is not going to be damaging to me. Asthma; epilepsy; hypertension; joint/ligament problems; cardio and respiratory disorders; certain mental illnesses. I have been advised to consult with my medical practitioner if I have concerns with my medical/mental health condition or fitness level to engage with Kinfolk Axe services and activities.
I acknowledge that I am above the age of 18, and any participant under the age of 18 must have a parent or guardian over the age of 18 sign on my behalf. This assumption of risk, release, and agreement is effective and binding upon me, my relatives whether by blood or marriage, friends, associates, spouse, heirs, personal representatives, administrators, and anyone acting on my behalf.
By signing this agreement, I waive the right to obtain, initiate, and/or involve a court action to recover damages or retrieve any other remedy for any injury, damage, or death arising from or related to the participation in or movement throughout Kinfolk Axe services, equipment, and facilities, now or at any time in the future, regardless of the allegations or charges of negligent acts or omissions on the part of any other parties including Kinfolk Axe.
I acknowledge that Kinfolk Axe has full permission to use any photos, videos, or any other form of media content for their social media, advertising, or any other form of media consumption. By signing this agreement, I give full consent to use me, my likeness, and my experience for Kinfolk Axe’s uses and needs.
Kinfolk Axe is not responsible for any lost, damaged, stolen, or misplaced items of personal property. It is my responsibility to keep track, and keep my personal property safe at all times. I also acknowledge that all personal items should be kept either in my pockets or in my car that should be locked and is not the responsibility of Kinfolk Axe or anyone associated with Kinfolk Axe.
I acknowledge that any damage I cause to any property of Kinfolk Axe that is not meant to be damaged, such as: security cameras, walls, floors, ceilings, speakers, or any other personal property of Kinfolk Axe not meant for activity, I am held fully liable and will be charged appropriately for the cost of repairs and/or replacements.
Kinfolk Axe has the right to refuse service to any customer for any reason and has the right to end a session if rules are broken. Kinfolk Axe reserves the right to not issue any refund for the activities and can charge appropriately with the customers card on file.
I have had adequate time and opportunity to read this document in its entirety and have had full opportunity to ask questions about this document and the activities and services provided by Kinfolk Axe. By signing this agreement, I acknowledge that if anyone is injured, or any property is damaged while on Kinfolk Axe premises and their mobile axe throwing trailer, I may be found by a court of law to have waived my right to maintain a lawsuit of any kind against Kinfolk Axe, as well any of its members, managers, officers, directors, owners, employees, agents, contractors, subcontractors, volunteers, property owners, sponsors, successors, and all other persons or entities acting in any capacity on Kinfolk Axe behalf.
This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity
This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the state of North Carolina and no other jurisdiction.
Any litigation involving the parties to this Release Agreement shall be brought solely within the city of Elizabeth City and shall be within the exclusive jurisdiction of the Courts of North Carolina.
Minors between 12-17 years old: If you are a minor between 13-17 years old, you must have a legal guardian sign and date for you below to be able to participate in our activities. Anyone under the age of 12 is not allowed access into our rage room, axe throwing area or bar area at any time.