TimberBeast Axe Throwing - Waiver Form

In consideration of the permission to participate in or observe the activities, events, and services known as “axe-throwing” (hereinafter referred to as “the Activity”) provided by Kraken Entertainment, LLC, d/b/a TimberBeast (hereinafter, “TimberBeast”), I agree to the terms contained in this agreement.  I understand that the Activity is inherently dangerous, that I may be exposed to dangers and hazards, and that as a consequence of these risks I may be seriously hurt or disabled or may die from the resulting injuries.  I certify that I am in good physical condition, not under the influence of alcohol, illegal drugs, or impairing legal drugs, and able to safely participate in or observe the Activity.

ASSUMPTION OF THE RISKS: I hereby freely and voluntarily assume the above-mentioned risks as well as other risks not listed that are a part of this Activity, including without limitation by the negligence of TimberBeast, its employees, owners, agents, officers, independent contractors, owner of the Activity premises, and other Activity participants or observers.  I also understand that my use of any equipment or instruments provided by TimberBeast during the Activity is at my own risk, and that any such equipment or instruments is provided without warranty about its safety, condition or suitability.

RELEASE OF LIABILITY:  On behalf of myself, my spouse, guardians, heirs, personal representatives, estate, and assigns, I hereby agree to forever release, discharge, and hold harmless TimberBeast, its employees, owners, agents, officers, independent contractors, and owner of the Activity premises (collectively “the Released Parties”), from any and all claims for injury to person or property, damage, loss, or death which may arise as a result of my participation in or observation of the Activity.

AGREEMENT TO FOLLOW DIRECTIONS:  I agree to follow all rules for the Activity and to follow all directions and instructions given to me by any representative of TimberBeast during my participation in or observation of the Activity.  I understand that TimberBeast may refuse participation in or observation of the Activity to any person that its owners, agents, employees, or representatives deem a hazard for whatever reason to themselves or others at any time.

INDEMNIFICATION AND HOLD HARMLESS AND DEFENSE:  I shall indemnify, hold harmless, and defend the Released Parties against any and all claims for my own negligence, and any other losses, liabilities, claims and damages arising from my conduct during my participation in or observation of the Activity.  I further agree to reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorneys’ fees, incurred because of any such claims made against them resulting from such conduct. 

USE OF MY LIKENESS:  By entering the Activity premises and participating in or observing the Activity, I hereby grant TimberBeast the irrevocable royalty-free license, right and permission to photograph and/or record me, and to use the photographs and/or recordings (either video or audio) for any and all purposes, including advertising and promotional purposes, in any manner, in perpetuity throughout the world, without restriction as to alteration.  I grant TimberBeast and its assigns permission to copyright, use, and publish (including by electronic means) any such likeness of me, whether in whole or in part, in any form, without restrictions, and for any purpose.  I agree to waive any right to inspect or approve the use of the photograph, image, or recording.

SEVERABILITY:  I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect.

LAW AND VENUE:  In the event a lawsuit is filed against TimberBeast, I agree to the sole and exclusive venue of Medina County, OH, and I agree that this agreement shall be governed by and construed in accordance with the laws of the State of Ohio.

By signing this document, I acknowledge that I have forever waived the rights to maintain any action against TimberBeast on the basis of any claim from which I have released TimberBeast and any Released Party herein. I have had a reasonable and sufficient opportunity to read and understand this entire document or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. No oral representations, statements, or promises have been made apart from what is contained in this document.  I understand that this is a contract that affects my legal rights and I sign it of my own free will.

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