Axes and Armor Release of Liability Waiver

AXES & ARMOR

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT & MEMBERSHIP APPLICATION

PLEASE READ CAREFULLY. BY SIGNING, YOU ARE GIVING UP YOUR AND/OR YOUR MINOR’S LEGAL RIGHTS TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

In consideration of being allowed to participate in the services and activities, including, but not limited to, axe throwing arena access, axe throwing, rage room, football bowling, party room, seating area and snack bar access and any other amusement activities (collectively “ACTIVITIES”), provided by AXES & ARMOR Hatchet House, LLC in NC. and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, premises owners, equipment owners or providers and any and all other persons and entities acting in any capacity on its behalf (collectively “AXES & ARMOR”), on behalf of myself, and/or on behalf of my minor child/ward, and each of our heirs, assigns, next of kin, personal representatives and estate, and all other persons and entities who could in any way represent me or them or act on my or their behalf. This membership serves a one year membership. I agree to the following:

Assumption and Acknowledgement of Risk. I acknowledge, agree and represent that I understand the dangerous nature of the ACTIVITIES and that my minor child/ward is (if signing on behalf of minor child/ward) or I am (if signing waiver for myself) qualified, in good health, and in proper physical condition to participate in such ACTIVITIES. I acknowledge that the ACTIVITIES entail known, unknown and unanticipated risks, seen and unseen, which could result in physical or emotional injury, paralysis, death, or damage to property or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the ACTIVITIES. On behalf of my minor child/ward (if applicable) and myself, I agree to assume all risk and bear full responsibility for any injury or damage my minor child/ward (if applicable) or I may suffer while participating in the ACTIVITIES.

Release of Liability and Promise Not to Sue. Despite all known and unknown risks, I hereby expressly and voluntarily RELEASE, COVENANT NOT TO SUE and FOREVER DISCHARGE (personally and on behalf of my minor child/ward) AXES & ARMOR and agree to hold it harmless from all manner of action and actions or omission(s), cause and cause of action, suits, debts, sums of money, accounts, contracts, agreement, promises, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by AXES & ARMOR, whether the action arises out of any damage, loss, personal injury, or death to me or my minor child/ward, while participating in or as a result of participating in any of the ACTIVITIES. This Release of Liability and Covenant Not to Sue, is effective and valid regardless of whether the damage, loss, personal injury or death is a result of any act or omission on the part of AXES & ARMOR.

Indemnification. I hereby agree to indemnify and hold harmless from and against any and all losses, liabilities, claims, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by AXES & ARMOR, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments AXES & ARMOR incurs in the event that I or my minor child/ward cause any injury, damage and/or harm to AXES & ARMOR and/or any and all other persons and entities acting in any capacity on behalf of AXES & ARMOR. I further agree that if I or my minor child/ward or anyone acting on my or their behalf makes a claim against AXES & ARMOR, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS AXES & ARMOR from any litigation expenses, attorneys’ fees, loss, liability, costs, damages or expenses which may result from such claim.

Venue. In the event a lawsuit is filed against AXES & ARMOR, I agree to the sole and exclusive venue of the State of North Carolina, County of Cumberland. I further agree that the substantive law of North Carolina shall apply without regard to any conflict of law rules. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.

Other Agreements. I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child/ward visits AXES & ARMOR; provided, however, that a minor child/ward will need to execute his own agreement upon reaching the age of 18. I hereby grant AXES & ARMOR on behalf of myself and on behalf of my minor child/ward the right to photograph and/or record me and/or my child/ward in connection with AXES & ARMOR and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration and without compensation of any kind to me and/or my minor child/ward. The child thrower is in my legal custody.

My participation in this activity is purely voluntary, and I elect to participate in spite of the risks described herein. I further certify that I have no medical or physical conditions which interfere with my ability to participate safely in the use of AXES & ARMOR services, equipment, and facilities, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. This also applies to my service animal accompanying me during this visit if applicable.

By signing this document, I understand that I may be found by a court of law to have forever waived my and/or my child’s/ward’s/service animal rights to maintain any action against AXES & ARMOR on the basis of any claim from which I have released AXES & ARMOR herein. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, 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.

We reserve the right to review your driver’s license and/or other forms of identification to verify your age.

If you have any pre-existing conditions or injurers you are not permitted to throw. However, employees, owners, managers, operators are not responsible for determining the physical condition or ability of any person.