Lumberjaxe Georgia - Waiver Form
ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, & INDEMNITY AGREEMENT
TO: LUMBERJAXE ATHENS, LLC, A GEORGIA LIMITED LIABILITY COMPANY, 1196183 CANADA, INC., A CANADIAN NUMBERED CORPORATION, EACH OF THEIR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AND EMPLOYEES (COLLECTIVELY, THE "LUMBERJAXE PARTIES"):
IN CONSIDERATION of allowing me and any minor of whom I am a parent or legal guardian and on behalf of whom I am executing this Agreement (each, a "Minor") to participate in the axe-throwing activities, related events and other programs provided from time to time by the LUMBERJAXE PARTIES (collectively, the “ACTIVITIES”), I WARRANT TO THE LUMBERJAXE PARTIES THAT:
- I am familiar with the risk of serious injury and death which any participant in the ACTIVITIES must assume, and
- I believe that all participants are physically, emotionally and mentally able to participate in the ACTIVITIES, and that any equipment I or we provide for the ACTIVITIES is mechanically fit for my use in the ACTIVITIES, and
- I understand that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with the applicable participant, and
- I will immediately remove myself and/or any Minor from participation, and notify the nearest official, if at any time I sense or observe any unusual hazardous or unsafe condition or if I feel that any participant has experienced any deterioration in physical, emotional or mental fitness for continued participation in the ACTIVITIES.
I FURTHER UNDERSTAND AND AGREE, on behalf of myself, any Minor on behalf of whom I am executing this agreement, and each of our respective heirs, assigns, personal representatives and next of kin, that, to the fullest extent permitted by law, my participation in the ACTIVITIES and execution of this document constitutes:
- an unqualified ASSUMPTION OF ALL RISKS associated with participation in the ACTIVITIES by such participant even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the ACTIVITIES organizer and any persons associated therewith or participating therein, and
- a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the LUMBERJAXE PARTIES and any program organizer and all other persons and organizations associated with them and the ACTIVITIES, including without limiting the generality of the foregoing, their respective officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and/ or lessors of the premises used to conduct the ACTIVITIES, sanctioning bodies, medical or rescue personnel (collectively, the “RELEASEES”), of and from 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
- an AGREEMENT NOT TO SUE the RELEASEES 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,
- an AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, 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 on the negligence or the gross negligence of the RELEASEES or otherwise; and
- an AGREEMENT TO WAIVE, RELEASE, AND INDEMNIFY World Axe Throwing League Inc., a Delaware corporation ("WATL") from any and all claims, damages, causes of action and liabilities for any accident, injury, or damage to any person, including, without limitation, death, or to the property of any person and any other cause whatsoever arising from or related to participation in the ACTIVITIES and/or use of any WATL manufactured or approved axes.
I further agree that, in the event the LUMBERJAXE PARTIES take photographs or videos, I hereby assign full copyright of these photographs and videos to the LUMBERJAXE PARTIES (and the related representatives and assigns), together with the right of reproduction either wholly or in part. Furthermore, I grant the LUMBERJAXE PARTIES, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me and any Minor, or where I may be included for editorial trade, product or service advertising and such other fashion /business purpose in any manner and medium, including advertising with any retouching or alteration without restriction or compensation
We also strongly recommend that closed toed shoes are worn during axe throwing events and walk-in sessions. By wearing footwear that exposes your toes, you're at risk of injury including but not limited to axes falling on your feet and/or hitting your feet causing minor or severe injury. If you decide to not wear closed toed shoes, you understand that there are risks associated with wearing open toed shoes, flip flops, sandals or similar footwear. By continuing with open toed shoes, you assume all liability and risk associated by doing so.
Finally, I am aware that the COVID-19 pandemic is ongoing and fully acknowledge and agree that entry into a public space such as LumberJaxe during the COVID-19 pandemic carries a potential risk of exposure to SARS-CoV-2. I further acknowledge and agree that exposure to SARS-CoV-2 could result in me or someone I come into contact with following my time at LumberJaxe contracting COVID-19 or a related illness, which could result in a serious medical condition requiring medical treatment in a hospital or could possibly lead to permanent injury or death. By participating in the ACTIVITIES, I assume the foregoing risks and, to the fullest extent permitted by law, fully and finally release the LUMBERJAXE PARTIES and the WATL from any and all claims, damages, causes of action and liabilities for any accident, injury, or damage to any person, including, without limitation, death, or to the property of any person and any other cause whatsoever arising from or related from my potential exposure to SARS-CoV-2 during my participation in the ACTIVITIES.
I HAVE READ THIS DOCUMENT THOROUGHLY AND UNDERSTAND THAT THE RELEASEES ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WAIVER AND RELEASE, UNDERTAKINGS AND AGREEMENTS WHEN ACCEPTING PARTICIPATION IN THE ACTIVITIES. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I GIVE UP SUBSTANTIAL LEGAL RIGHTS THAT I OR A MINOR MIGHT OTHERWISE HAVE. I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT. IN SIGNING THIS DOCUMENT, I REPRESENT AND WARRANT TO THE RELEASEES THAT I AM OF LEGAL AGE AND HAVE THE LEGAL CAPACITY NECESSARY TO GIVE THIS RELEASE, BOTH ON BEHALF OF MYSELF AND ON BEHALF OF ANY MINOR FOR WHOM I AM SIGNING THIS RELEASE.