Woodlands Axe - Waiver Form

YOU MUST BE 18 TO USE THIS WAIVER. IF UNDER 18 YOU NEED A PARENT TO FILL OUT THE WAIVER FOR YOU!
READ CAREFULLY
Woodlands Axe, for themselves, their present and former parent, subsidiaries, affiliates and related companies and each of their
respective present and former directors, officers, shareholders, employees, volunteers, servants, agents, administrators, trustees,
successors and assigns and any party or parties who claim a right or interest through them (hereinafter, the “Releasees”); Recreational
Axe-Throwing (the “Activity”) This Participation Agreement and Waiver and Release of Liability is entered into between the undersigned
“Participant” and Woodlands Axe, its directors, owners, employees, volunteers, and facilities and the owners and lessors thereof,
hereinafter referred to as Woodlands Axe or collectively as “Releasees”). Participation in the activities of Woodlands Axe can be
HAZARDOUS AND PRESENT A DANGER TO PARTICIPANT. If at any time the Participant believes conditions to be unsafe, he/she will
immediately discontinue further participation in the Activities.
1. In consideration for participating in the Activity on the date as set out below, which consideration is hereby expressly accepted and
acknowledged, myself as the Participant, I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION
OR LIMITATION AND HOLD HARMLESS the Releasees from any and all claims I may now and/or in the future may have against the
Releases, and from any and all liability, for any personal injury, death and/or property damage, expense, and/or loss sustained by the
Participant, incurred on his/her account as a result of the Participant’s participation in the Activity due to any cause whatsoever, including
but not limited to and without limitation, negligence, gross negligence, willful misconduct, including the failure to take reasonable steps to
safeguard or protect myself, risk, dangers, and/or hazards of participating in the Activity, and/or breach of statutory or other duty,
including duties arising from occupier's liability legislation and further agrees that if, despite this release, the Participant or any other
person makes a claim on the Participant’s behalf against any of the Releasees, THE UNDERSIGNED WILL INDEMNIFY, SAVE AND
HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LIABILITY, LITIGATION EXPENSES, ATTORNEY FEES, LOSSES,
DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM, WHETHER ASSERTED BY THE UNDERSIGNED,
THE PARTICIPANT, OR ANOTHER PERSON.
2. THE PARTICIPANT ACKNOWLEDGES AND ACCEPTS that the Activity is inherently risky and dangerous, and exposes the
Participant to the possibility of personal injury, death, property damage and/or loss resulting therefrom. Risks may arise out of contact
and/or participation with other participants, equipment and other mishaps. Risks may be caused by the Participant’s own actions, or
inaction, the actions or inaction of others participants, the condition of the facilities in which the Activities take place, and/or THE
NEGLIGENCE OF THE “RELEASEES.” Some Risks cannot be predicted or controlled. There may be other risks and social and
economic losses either not known to me or not readily foreseeable at this time.
3. IT IS AGREED AND UNDERSTOOD that if the Participant commences such an action, or takes such proceedings, and the Releasees
are added to such proceeding in any manner whatsoever, whether justified in law or not, the Participant will immediately discontinue the
proceedings and/or claims. This Release of Liability, Waiver, and Assumption of Risk shall operate conclusively as an estoppel in the
event of any claim, action, complaint or proceeding which might be brought in the future by the Participant with respect to the matters
covered by this Release of Liability, Waiver, and Assumption of Risk. This Release of Liability, Waiver, and Assumption of Risk may be
pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defense and reply, and may be relied
upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised by the
Participant in any subsequent action that the other parties in the subsequent action were not privy to the formation of this Release.
4. THE PARTICIPANT HEREBY AGREES that this Release of Liability, Waiver, and Assumption of Risk will be governed by applicable
local Laws and that any dispute arising from this Release of Liability, Waiver, and Assumption of Risk will be adjudicated by the State of
Texas
5. SEVERABILITY: If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity
of any of the other provisions, which other provisions shall remain in full force and effect as if this document had been executed with the
invalid provision eliminated.
PHOTOGRAPHS, VIDEOS AND RECORDINGS: I release all photos taken of me at Woodlands Axe. I acknowledge that Woodlands Axe
will own such “Images” and further grant Axel’s Throw House permission to copyright, display, publish, distribute, use, modify, print and
reprint such Images in any manner whatsoever related to Axel’s Throw House business, including without limitation, publications,
advertisements, brochures, web site images, or other electronic displays and transmissions thereof.
I further waive any right to inspect or approve the use of the Image by Woodlands Axe prior to its use. I forever release and hold
Woodlands Axe harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever, and waive
any and all claims and causes of action relating to use of the Images, including without limitation, claims for invasion of privacy rights or
publicity.
EMAIL ADDRESS: By providing my e-mail address, I am opting into the e-mailing list. my e-mail address may be used to contact me but
will not be made available to third parties.
LOST/ STOLEN ITEMS: I understand RELEASES are not responsible for any lost or stolen items.
I, THE UNDERSIGNED PARTICIPANT, HEREBY CERTIFY THAT I AM AT LEAST 18 YEARS OLD, THAT I HAVE COMPLETELY READ
AND UNDERSTAND THIS AGREEMENT AND ITS TERMS.


 

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