Live Edge Axe Throwing Ltd.
Expressed Assumption of Risk, Release of Liability, Waiver of Claims, and Indemnity Agreement
TO: Live Edge Axe Throwing Ltd. (together with its subsidiaries, and its shareholders, directors, officers, employees, volunteers, and agents of Live Edge Axe Throwing Ltd., and their respective administrators, executors, successors, and assigns; all of the foregoing being hereinafter collectively referred to as the “RELEASEES”
WARNING! PARTICIPATION IN THE ACTIVITY OF AXE AND KNIFETHROWING, THE USE OF AXES, KNIVES, AND THROWING EQUIPMENT, OR SPECTATING WHILE OTHERS THROW AXES OR KNIVES (“THE ACTIVITY”) ENTAILS KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL AND/OR EMOTIONAL INJURY, PARALYSIS, DISMEMBERMENT, DEATH OR OTHER DAMAGE TO YOURSELF AND/OR OTHERS.
As with all activities, there are inherent risks of injury at Live Edge Axe Throwing Ltd. Inherent risks are those risks that cannot be eliminated without changing the nature of the Activity. Some risks include, but are not limited to:
A. General facility risks: slips, falls, or trips due to uneven pavement or flooring, wet, icy, or slippery surfaces, or items left on the floor; falling target and/or construction components.
B. Human error risks: erratic or negligent actions; failure to follow instructions, inadvertent inattentiveness, incorrect throwing or playing techniques, errors in judgment, failure to adequately train participants, errant axe or knife throwing, judgment errors in emergency care, and inadequate emergency training of personnel.
C. Axe and knife throwing risks: being hit by an axe or knife – thrown, swung or held – due to participant or staff inattentiveness, neglect, failure to follow instructions, incorrect or errant throwing or playing techniques, errors in judgment, inadequate training, or purposeful or accidental assault and battery by a participant.
D. Types of Injury: All participants must understand three categories of injuries that may occur as a result of these inherent risks. The most common are minor injuries, which include, but are not limited to, hand injuries (splinters, calluses, skin tears, pinches, punctures, and cuts), bruises and scrapes, and muscle strains. Major injuries include, but are not limited to, lacerations, broken bones, joint/ligament/tendon injuries, internal injuries, concussions, back injuries, and eye injuries. Catastrophic injuries, though very rare, include but are not limited to: loss of vision or hearing, dismemberment, permanent disabilities, heart attack, stroke, paralysis, or death.
ACKNOWLEGEMENTS
Please read carefully and be certain you understand the implications of signing.
A. I fully understand and acknowledge the inherent risks associated with the throwing of, or use of, axes or knives of any size or kind; the potential dangerous nature associated with the throwing of, or use of, axes or knives of any size, or kind; the potential hazardous risks associated with the throwing of, or use of, axes or knives of any size, or kind; and/or the potentially dangerous environment that can be caused to myself, and/or to others, from the misuse, or throwing of axes or knives of any kind, or size.
B. I acknowledge and understand that I will be voluntarily engaging in activities that involve axes and/or knives, which may result in the risk of serious injury, scarring, loss of an important bodily function,
permanent disability, or death, and may cause severe social or economic losses due to not only my own actions, inaction or negligence, but also to the action, inaction or negligence of others, or conditions of the premises or of any equipment used. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time.
C. I acknowledge that the Activity requires a certain degree of fitness, co-ordination and physical dexterity. I acknowledge and warrant to Live Edge Axe Throwing Ltd. that I am medically fit to participate in the Activity.
D. I will immediately remove myself from participation, and notify the nearest staff member if at any time I sense or observe any unusual hazard or unsafe condition, or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation.
E. I acknowledge that participation in The Activity is potentially hazardous and may subject me to risks and dangers that may cause serious physical injury or death.
F. I acknowledge that I will not drink alcohol if I am not of legal age. If I do drink alcohol during the Activity or my use of the Live Edge Axe Throwing facilities, I do so at my own volition and in full and complete compliance with Live Edge Axe Throwing’s rules of consumption. If I do drink alcohol during the Activity or my use of the facilities, I will do so responsibly and with the exercise of reasonable care. I understand that drinking alcohol may cause impaired judgment and heighten the risks of the Activity, even if done with reasonable care and in full and complete compliance with Live Edge Axe Throwing’s rules of consumption. I KNOWINGLY AND FREELY ACKNOWLEDGE AND ASSUME ANY INCREASED RISK OF INJURY TO MYSELF AND/OR OTHERS CAUSED BY THE CONSUMPTION OF ALCOHOL IN CONNECTION WITH AXE AND KNIFE THROWING. I FURTHER AGREE THAT LIVE EDGE AXE THROWING SHALL NOT BE LIABLE FOR ANY INJURIES, DAMAGES OR LOSSES RESULTING FROM MY OR ANY OTHER PATRON’S CONSUMPTION OF ALCOHOL OR IMPAIRED JUDGMENT.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
a. I release from, waive and discharge all actions, claims, or demands that I, my assignees, heirs, guardians, and legal representatives now have or hereafter have for damage or losses on account of injury, including permanent disability and death or damage to property, caused or alleged to be caused in whole or in part by the negligence or other acts of The RELEASEES, as a result of my participation in any axe or knife throwing related activities. I hereby agree and covenant to save and hold harmless, indemnify, and defend any claim against The RELEASEES, as a result of my participation in the ACTIVITY.
b. I agree that neither myself, nor my assignees, heirs, guardians, and/or legal representatives will sue Live Edge Axe Throwing Ltd., its subsidiaries, shareholders, directors, officers, employees or agents as a result of my participation in any axe or knife throwing related activities.
c. I agree to exercise ordinary and reasonable care at all times. I acknowledge and agree that Live Edge Axe Throwing Ltd. shall not be responsible or liable for any accident, injury, theft, loss, or damage caused by my impaired judgment or negligence.
d. I agree and understand that the staff and/or owners of Live Edge Axe Throwing Ltd. reserve the right to refuse entry, suspend or cancel any axe throwing related activities at any time for any reason.
IMAGE USE AND VIDEO SURVEILLANCE
A. I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or videotape without payment or any other consideration. I understand that my image may be videotaped, edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording.
B. Further, I agree that by signing this waiver I will forgo using any personal photographs, pictures, videos, or other recorded media taken in, on or around any Live Edge Axe Throwing Ltd. premises for any unlawful use that would directly, or indirectly, infringe upon Live Edge Axe Throwing Ltd. proprietary rights. Specifically, but not limited to, using any recorded media such as, but not limited to, photographs, videos, or voice recordings, for any personal or professional monetary gain, for any personal or professional promotional uses, for any advertising purposes, or for any other type of use that would cause public confusion as to the proprietary ownerships of Live Edge Axe Throwing Ltd. business operations. (But yes, you CAN take pictures and post them on social media for personal use.)
For league play, I understand and agree that all of the above waiver, release and assumption of risk will remain on file and apply to the entirety of the current league season and will apply whenever I am on any Live Edge Axe Throwing Ltd. premises.
SEVERABILITY. The undersigned expressly agrees that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province of Alberta and that if any portion thereof is held invalid, it is agreed that the remainder of the agreement, shall, notwithstanding, continue in full legal force and effect.
By entering into this agreement, I am not relying on any oral or written representations or statements made by Live Edge Axe Throwing Ltd. other than what is set forth in this agreement.
DO NOT under any circumstances sign this waiver if you do not feel you can fully, competently, emotionally and mentally adhere to each and every article above.
I HAVE CAREFULLY READ THE ABOVE WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I DO SIGN IT VOLUNTARILY. I AGREE TO PARTICIPATE KNOWING THE RISKS AND CONDITIONS INVOLVED AND DO SO ENTIRELY OF MY OWN FREE WILL. I ACKNOWLEDGE READING THE RULES AND REGULATIONS OF THE LIVE EDGE AXE THROWING FACILITY AND AGREE TO ABIDE BY THEM.
PARENT OR GUARDIAN CONSENT
I have read and understand the terms of the foregoing PARTICIPATION AGREEMENT WAIVER, RELEASE AND ASSUMPTION OF RISK and unconditionally agree to its full terms, statements, warranties, notices, representations, waivers and releases on behalf of both myself and marital community, if any, and my child or ward, whose name is specified below.
All such terms, statements, warranties, notices, representations, waivers and releases fully apply to my child or ward as if I was the participant. I understand that, by signing this Consent, I am giving up important legal rights both on behalf of myself and my child or ward regarding potential rights and claims against the RELEASEES. I have had sufficient opportunity read this entire document. I have read and understood it, and I agree to be bound by its terms.
I hereby warrant and represent that if I am neither the Child’s Parent nor legal Guardian, I have been granted the expressed authority to execute this PARTICIPATION AGREEMENT WAIVER, RELEASE AND ASSUMPTION OF RISK, by and on behalf of, the Child’s Parent or Guardian.
By completing this form, you are consenting to agreement of the above statements in lieu of a signature on paper. You will receive an electronic copy of this document via email
Click here if you’re signing for a child