I, the Participant, acknowledge that the activity of axe-throwing, the use of axes and axe throwing equipment is an inherently dangerous activity that poses the risk of serious bodily injury or death to participants, I acknowledge and understand that , due to its inherent dangers, if I participate in axe-throwing, whether as a participant or a spectator, I may die or be seriously injured, whether it be the result of the negligence of others or my own negligence or the fault of no one whatsoever. It is with the knowledge and understanding of the forgoing and in consideration for the use of Timber Ridge Axe Throwing, LLC’s Facilities and equipment. I hereby agree to and acknowledge the following on behalf of myself, my spouse, my heirs, my assignees, my guardians, and my legal representatives:
- I appreciate that axes of any size when used in any manner whatsoever are highly dangerous objects that pose the risk of serious bodily injury or death, even when used by individuals of sound body and mind, which I acknowledge myself to be.
- I am voluntarily agreeing to engage in the activity of axe-throwing, an activity that involves the use of a highly dangerous object and a corresponding risk of serious bodily injury, which may result in economic losses, scarring, physical disfigurements, loss of important bodily function(s), permanent disability or death. Such risks may arise from my own action or negligence, the actions or negligence of others, the condition of the facilities or equipment. I understand that equipment used in axe-throwing is subject to stress that may cause it to break or malfunction without warning, and I acknowledge that Timber Ridge Axe Throwing, LLC makes no general, expressed or implied warranty of any kind regarding the equipment used in connection with axe-throwing, including the axes themselves. I further acknowledge that axe-throwing may involve other risks not known or reasonably foreseeable to me at this time.
- I KNOWINGLY AND FREELY ACKNOWLEDGE AND ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION WHETHER DIRECTLY, INDIRECTLY OR AS A SPECTATOR, IN AXE-THROWING AT TIMBER RIDGE AXE THROWING, LLC’S FACILITIES AND FOR ANY INJURIES OR DAMANGES THAT I MIGHT SUSTAIN AS A RESULT THEREOF.
- I acknowledge that I am not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs which may affect or impair my motor skills, judgement or overall ability to act and think clearly.
- I agree to fully and completely comply with all rules and regulations put in place by Timber Ridge Axe Throwing, LLC. If at any point I notice a hazard or condition in that increases the likelihood to myself or others, I will notify a staff member immediately and cease participating until such condition or hazard is addressed.
- I will not drink alcohol if I am not at least 21 years of age. If I do drink alcohol, I do so of my own volition and in full and complete compliance with Timber Ridge Axe Throwing, LLC rules of consumption. If I do drink alcohol, I will do so responsibly and with the exercise of reasonable care. I understand that drinking alcohol may cause impaired judgment and heighten the risks of axe-throwing, even if done with reasonable care and in full and complete compliance with Timber Ridge Axe Throwing, LLC rules of consumption. I KNOWINGLY AND FREE ACKNOWLEDGE AND ASSUME ANY INCREASED RISK OF INJURY CAUSED BY THE CONSUMPTION OF ALCOHOL IN CONNECTION WITH AXE-THROWING. I FUTHER AGREE THAT TIMBER RIDGE AXE THROWING, LLC SHALL NOT BE LIABLE FOR ANY INJURIES, DAMAGES OR LOSSES RESULTING FROM MY OR ANY OTHER PATRON’S CONCUMPTION OF ALCOHOL OR IMPAIRED JUDGEMENT.
- I hereby release from, waive and discharge all actions, claims, or demands arising out of my participation in axe-throwing that I, my assignees, heirs, guardians, and legal representatives now or hereafter have for damage or losses on account of any injury resulting from my participation in axe- throwing, including those resulting in permanent disability or death, and even if caused or alleged to be caused in whole or in part by the negligence or other acts of Timber Ridge Axe Throwing, LLC, its subsidiaries, shareholders, directors, officers, employees or agents. I hereby agree and covenant to save and hold harmless, indemnify, and defend any claim against Timber Ridge Axe Throwing, LLC, its subsidiaries, and its shareholders, directors, officers, employees or agents, arising from my participation in axe-throwing.
- I agree that I, my assignors, heirs, guardians, and legal representatives will not sue Timber Ridge Axe Throwing, LLC, its subsidiaries, shareholders, directors, officers, employees or agents in connection with my participation in axe-throwing, even if such claim arises out of their actual or alleged negligence.
- I acknowledge that Timber Ridge Axe Throwing, LLC and its employees, agents, and representatives reserve the right to refuse entry or remove any individual from their facilities at any time for any reason or no reason whatsoever.
- I acknowledge that this waiver will apply to the current season of any axe- throwing league that I am participating in at Timber Ridge Axe Throwing, LLC and will automatically be extended if I participate in any future season, provided however, I agree to execute any further documentation requested by Timber Ridge Axe Throwing, LLC to verify this or any future release.
- If any term or terms contained herein are deemed to be unenforceable, the remainder of the waiver shall remain in full effect.
- A copy of my true, correct and complete photographic identification is attached hereto. If I am a minor, a copy of my parent’s/guardian's photographic identification is attached hereto.
- I HAVE CAREFULLY READ THIS LIABLITY WAIVER AND FULLY UNDERSTAND ITS TERMS AND CONDITIONS. I FURTHER UNDERSTAND THAT THIS WAIVER IS A BINDING AGREEMENT THAT I HAVE FORFEITED SUBSTANTIAL RIGHTS BY SIGNING IT.
- In the event that any damage to equipment or facilities occurs as a result of myself, my family, party, or friends, or co-workers willful actions, negligence or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of negligence or recklessness.
- This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of South Carolina and no other jurisdiction.
- In entering into this Agreement I am not relying on any oral or written representation or statements made by the Timber Ridge Axe Throwing, LLC with respect to the safety of axe-throwing other than what is set forth in this agreement.
- Timber Ridge Axe Throwing has my permission to use my photography and anyone that I assume responsibility for in this agreement publicly to promote the experience. I understand that the images may be used in print publications, video publications, online publications, presentations, websites and social media. I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use.
- I CONFIRM THAT I AM THE FULL AGE OF EIGHTEEN (18) YEARS OLD AND I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.