AGAWAM AXE HOUSE, LLC
396 MAIN ST. AGAWAM, MA 01001
LIMITED LIABILITY WAIVER
Release of Liability, Waiver, Indemnification, Hold Harmless and Assumption of Risk Agreement
WARNING: Axe Throwing, or other objects being thrown activities could cause serious injury, cuts/lacerations or even death.
New England Mobile Axe and Agawam Axe House, LLC., of 396 Main Street, Agawam, Massachusetts, for themselves, their present and former parent, subsidiaries (include Agawam Axe House), 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”);
Re: Recreational Axe-Throwing, or other object throwing referred to as “The Activity” for the remainder of the document.
This Participation Agreement and Waiver and Release of Liability is entered into between the “Participant” and Agawam Axe House, it’s directors, owners, employees, volunteers, and facilities and the owners and lessors thereof, hereinafter referred to as Agawam Axe House or collectively as “Releasees”). Participation in the activities of Agawam Axe House can be HAZARDOUS AND PRESENT A DANGER TO PARTICIPANT.
I, the undersigned agree for myself and (if applicable) for members of my family to the following agreement and desire to participate in the Activity on the date as set out below, which has been organized by the Releasees. In consideration for being allowed to participate in the Activity on the date as set out below, which consideration is hereby expressly accepted and acknowledged, on behalf of myself, my representatives, heirs, agents administrators, trustees, executors, assigns, successors and on behalf of any party or parties who claim a right or interest through me (hereinafter, the “Releasor”), I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION
the Releasees from any and all claims I may now and/or in the future may have against the Releasees, and from any and all liability, for any personal injury, death and/or property damage, expense, and/or loss sustained by me as a result of my 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 me from the 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.
THE RELEASOR ACKNOWLEDGES AND ACCEPTS that the Activity is inherently risky and dangerous, and there is the possibility of personal injury, death, property damage and/or loss resulting therefrom.
THE RELEASOR AGREES AND UNDERSTANDS that in order to participate in the Activity on the date set out below, he/she must agree to be bound by the terms of this Release of Liability, Waiver and Assumption of Risk. The releasor agrees that he/she will be fully responsible for all costs and expenses that may be incurred in providing any special services to him/her, outside of regular services agreed to or provided by the releases in connection with the Activity, and without limiting the generality of the foregoing, agrees to be responsible for, and to pay for any and all costs relating to special travel, medical attention, or other special outlay for him/her personally, and to reimburse the releases for all costs of these services as may be incurred by them for his/her benefit or at his/her request.
THE RELEASOR HEREBY confirms that by executing this agreement, he/she is representing that he/she is of the full age of majority and that he/she has read, and understands, this agreement. The Releasor acknowledges that if he/she is under the influence of any substances, including alcohol, illicit drugs, or prescription drugs, which may affect or impair his/her motor skills, judgment, or general ability to think clearly, then the Releasees are not responsible for any injuries attained.
IT IS AGREED AND UNDERSTOOD that the Releasor will not make any claim or take any proceedings against any other person or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity, or under the provisions of any statute or regulation and/or under any successor legislation thereto, and/or under the Rules of Civil Procedure, from the Releasees with respect to the matters discharged by this Release of Liability, Waiver, and Assumption of Risk. It is also agreed and understood that if the Releasor 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 Releasor will immediately discontinue the proceedings and/or claims, and the Releasor will be jointly and severally liable to the Releasees for the legal costs incurred in any such proceeding, on a substantial indemnity basis. 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 Releasor 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 in any subsequent action that the other parties in the subsequent action were not privy to formation of this Release.
THE RELEASOR ACKNOWLEDGES that this Release of Liability, Waiver, and Assumption of Risk contains the entire agreement between the parties hereto, that the terms of this Release of Liability, Waiver, and Assumption of Risk are contractual, are not a mere recital. Any breach of these terms may be enforced against the Releasor, and may give rise to a damage claim against the Releasor enforceable by a further legal proceeding. The Releasor further acknowledges that the Releasees have not made any oral, written or visual representations or statements that are not otherwise reflected in this agreement.
THE RELEASOR HEREBY AGREES that this Release of Liability, Waiver, and Assumption of Risk will be governed by the Laws of the State of Massachusetts, USA and that any dispute arising from this Release of Liability, Waiver, and Assumption of Risk will be adjudicated by the State District Court of Massachusetts, and the Releasor hereby attorns to the exclusive jurisdiction of this Court for this purpose.
PHOTOGRAPHS, VIDEOS AND RECORDINGS
I hereby grant Agawam Axe House, LLC, its employees, and owners (collectively) non-revocable permission to capture my image and likeness in photographs, recordings, or other media (collectively “images”). I acknowledge that Agawam Axe House will own such images and grant Agawam Axe House permission to copyright, display, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to Agawam Axe 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 Agawam Axe House prior to its use. I forever release and hold Agawam Axe House 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.
Intoxication: I acknowledge and represent I am in good health and of sound mind and if I am intoxicated while signing this agreement and participating in the activities at this facility then I cannot hold Agawam Axe House or it’s affiliates responsible. I agree that I understand when objects are thrown there is a bounce that I must watch for and move out of the way.
I further agree that I have read, and will adhere to all Safety Rules for the Agawam Axe House Facility where verbally stated or written, and I will follow the instruction of Agawam Axe House trainers and lane supervisors. I agree that violation of any of the Agawam Axe House rules is grounds for immediate expulsion with no refunds.
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