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Bearded Axe Waiver

RELEASE OF LIABILITY, WAIVER AND ASSUMPTION OF RISK WARNING: BY SIGNING THIS WAIVER YOU ARE WAIVING CERTAIN LEGAL RIGHTS – PLEASE READ THE DOCUMENT BELOW CAREFULLY

I, desire to participate in the Activity on the date as set out below, which has been organized by Bearded Axe LLC, (hereinafter, the “Releases”). 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 Releases 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 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.

1. Waiver and Release of Liability: I acknowledge that my observance of and or participation in the activities is voluntary and I release that my, observance and or participation in said activities subjects me to the inherent risks of said activities (“the Risks”), including but not limited to the possibility of physical injury (which could be minimal, serious, and/or result in death) and loss of or damage to my personal property. Accordingly, I agree to the following:
a. I recognize the physical nature of, and exertion required to perform, said activities and certify that I am physically fit to safely participate in and or observe said activities and that I have not been advised otherwise by a health care professional.
b. I further recognize that the Company has made me aware of the Risks associated with observing and participating in said activities, along with all the Company's (Rules and Requirements) for wither observing or participating in said activities.
c. I fully recognize and accept the inherent Risks associated with my observing and or participating in said activities and willingly assume all said inherent Risks, whether known or disclosed by the Company, or otherwise unknown which are related to my entering the Company’s facility. As a result, I hereby waive, release and hold harmless the Company, its officers, directors, employees, agents, volunteers, and contractors, as well as Bearded Axe LLC, and its members, collectively the (“Releasees”), from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever, the (“Claims”), arising from, related to, or associated with said Risks, including any Claims caused by the negligent acts or omissions of any or all the Releasees.
d. As a result, I acknowledge that I will be solely responsible for any and all medical and other related bills that I may incur because of any injury to myself or loss or damage to any property as a result of my observance of and or participation in said activities.
e. I further acknowledge and agree that I may be held liable for my own negligent acts and or omissions, which are the proximate cause of another Attendee or employee’s personal injuries or damage to property, while observing or participating in said activities.

2. Offsite Target and Axe rentals fall under Section 1 sub paragraphs A-E and Section 2 sub paragraphs B1-B5.

a. The "RELEASOR" is responsible for the safety and well being of anyone taking part in axe throwing while Targets are in the "RELEASOR" custody.

b. The "RELEASOR" will ensure the Safety Rules of the throwers are followed at all times.

b1. No Horse Play.

b2. No running with throwing objects.

b3. Do not retrieve axe/ object after throwing until other axe thrower's axe/ object is either in the target or on the ground.

b4. Do not cross throwing line unit other players axe/ object is either in target or on the ground.

b5. Only one throwing object in the target at a time.

Day to Day:

"PHOTOGRAPHS, VIDEOS AND RECORDINGS I hereby grant Bearded Axe LLC, its managers, employees, and owners (collectively) the non-revocable permission to capture my image and likeness in photographs, videotapes, recordings, or any other media (collectively “images”). I acknowledge that Bearded Axe LLC will own such images and further grant Bearded Axe LLC permission to copyright, display, publish, distribute, use, modify, print, and reprint such images in any manner whatsoever related to said businesses, including without limitation, publications, advertisements, brochures, website images, television, broadcast, online platform, social media, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the image prior to its use."

Tournament:

"PHOTOGRAPHS, VIDEOS AND RECORDINGS I hereby grant Bearded Axe LLC, its managers, employees, and owners (collectively) and World Axe Throwing League, World Knife Throwing League ("The Parties"), the non-revocable permission to capture my image and likeness in photographs, videotapes, recordings, or any other media (collectively “images”). I acknowledge that The Parties will own such images and further grant The Parties permission to copyright, display, publish, distribute, use, modify, print, and reprint such images in any manner whatsoever related to said businesses, including without limitation, publications, advertisements, brochures, website images, television, broadcast, online platform, social media, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the image prior to its use."

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 he/she is not 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.

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.

IT IS 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 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 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, and 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. By signing this Release of Liability, Waiver, and Assumption of Risk the Releasor will become a willing Bearded Axe member and will be eligible for league and tournament play. Releasor also accepts that emails may be sent to the Releasor regarding starting dates and times for all league, tournament play, and promotional events.

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January 5, 2022 10:35 pm EST

Bearded Axe Waiver Uploaded by Brad Woodson - [email protected] IP 24.231.213.165