Release of Liability, Waiver of Claims and Assumption of Risks
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.
PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY!
In consideration of Rfflr, LLC, D.B.A. Woodchuckers Axe Throwing (the "Company") permitting the individual named below ("I" or "me") to participate in activities
associated with the throwing and / or handling of axes (the "Activities") and for other good and valuable consideration,
I agree to all the terms and conditions set forth in this agreement (this "Agreement").
ASSUMPTION OF RISKS
I ACKNOWLEDGE AND ACCEPT THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH OR PROPERTY DAMAGE.
I AGREE TO FOLLOW ALL SAFETY MEASURES EXPLAINED TO ME BY MY COACHES AND I AGREE TO BEHAVE IN A RESPECTABLE MANOR WHILE IN THIS FACILITY.
CERTAIN RISKS MAY ARISE OUT OF CONTACT AND / OR PARTICIPATION WITH OTHER PARTICIPANTS OR EQUIPMENT.
RISKS MAY ARISE DUE TO MY OWN ACTIONS, INACTION, THE ACTIONS OR INACTIONS OF OTHERS, THE CONDITION OF THE FACILITY WHEREIN THE ACTIVITIES TAKE PLACE, AND / OR THE NEGLIGENCE OF THE COMPANY.
I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY,
DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, actions or otherwise which I have or in the future have against the Company, its affiliates, and their respective directors,
officers, employees, agents, representatives, shareholders, successors and assigns (collectively, "Releasees"), [on account of injury, death or property damage] arising out of or attributable
to [my participation in] the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee,
breach of contract, or breach of any statutory or other duty of care owing under legislation or otherwise. I covenant not to make or bring any such claim against
the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments,
settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or
proceeding arising out of or resulting from the Activities.
This Release of Liability, Waiver of Claims and Assumption of Risks 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 Releasor, Parent or Guardian on behalf of 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 defence 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 Releasor,
Parent or Guardian on behalf of the Participant in any subsequent action that the other parties in the subsequent action were not privy to formation of this Release.
USE OF PHOTOS /IMAGES, LIKENESS
I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded in photographs, audio or video without payment or any other consideration.
I understand that my image may be 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. By signing this release, I understand this permission signifies
that photographic or video recordings of me may be electronically displayed via the Internet or in marketing or other social media platforms. There is no time limit on the validity of this
release nor is there any geographic limitation on where these materials may be distributed.
I acknowledge that this Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein, that the terms of this Agreement are contractual,
are not merely a recital, and that this Agreement supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such
subject matter.
If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other
term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall ensure to the benefit of me
and my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of Pennsylvania and the federal laws of
The United States of America applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of Pennsylvania, and I hereby consent to the exclusive
jurisdiction of such courts.
Assumption of Risk and Waiver of Liability Related to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely
contagious and is believed to spread mainly from person-to-person contact. As result, federal, state, and local governments and federal
and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Woodchuckers Axe Throwing LLC has put in place preventative measures to reduce the spread of COVID-19; however, Woodchuckers Axe Throwing
cannot guarantee that you or your minor child(ren) will not be infected with COVID-19. Further, participating in activities at Woodchuckers Axe Throwing
locations could increase your risk and your child(ren)'s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that that my or my minor child(ren) maybe
exposed to or infected by COVID-19 by participating in activities at Woodchuckers Axe Throwing locations and that such exposure or infection may result
in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Woodchuckers
Axe Throwing locations may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Woodchuckers Axe Throwing
employees, volunteers, and other partcipants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any illness or injury to myself, or my minor child(ren) (including,
but not limited to personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind), that I or my minor child(ren)
may experience or incur in connection with my or my minor child(ren)'s attendance or participation at Woodchuckers Axe Throwing location or participation in activities ("Claims").
On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Woodchuckers Axe Throwing LLC, its officers, employees, agents, and representatives,
of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes
any Claims based on the actions, omissions, or negligence of Woodchuckers Axe Throwing LLC, its officers, employees, agents, and representatives, whether a COVID-19 infection
occurs before, during, or after participation in any Woodchuckers Axe Throwing activities.
CLOTHING
I agree to the clothing policy. Closed-toe shoes are required for axe throwing.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS
(ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.
I VERIFY THAT ALL OF MY INFORMATION BELOW IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND
THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF
MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE
COMPANY AND THE RELEASEES.
I VERIFY THAT ALL OF MY INFORMATION BELOW IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
