ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, & INDEMNITY AGREEMENT TO: BOWER ENTERTAINMENT, LLC, DBA, THE SOUTHERN OX, A GEORGIA LIMITED LIABILITY COMPANY, EACH OF THEIR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AND EMPLOYEES (COLLECTIVELY, “THE SOUTHERN OX PARTIES"):
IN CONSIDERATION of allowing me to participate in the axe-throwing activities, related events and other programs provided from time to time by THE SOUTHERN OX PARTIES (collectively, the “ACTIVITIES”), I WARRANT TO THE SOUTHERN OX PARTIES THAT:
- I am familiar with the risk of serious injury and death which any participant in the ACTIVITIES must assume, and
- I believe that I am physically, emotionally and mentally able to participate in the ACTIVITIES, and that any equipment I provide for the ACTIVITIES is mechanically fit for my use in the ACTIVITIES, and
- I understand that all applicable rules for participation must be followed
and that at all times the sole responsibility for personal safety remains with me, and - I will immediately remove myself from participation, and notify the nearest employee or other official, if at any time I sense or observe any unusual hazardous or unsafe condition or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation in the ACTIVITIES.
I FURTHER UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin, that, to the fullest extent permitted by law, my participation in the ACTIVITIES and execution of this document constitutes:
- an unqualified ASSUMPTION OF ALL RISKS associated with participation in the ACTIVITIES by me even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the ACTIVITIES organizer and any persons associated therewith or participating therein, and
- a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the THE SOUTHERN OX PARTIES and any program organizer and all other persons and organizations associated with them and the ACTIVITIES, including, without limiting the generality of the foregoing, their respective officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, and specifically Monroe Business Enterprises, LLC as the owner of the premises used to conduct the ACTIVITIES, sanctioning bodies, medical or rescue personnel (collectively, the “RELEASEES”), of and from with the respect to all injury, disability, death or loss or damage to person or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise, and
- an AGREEMENT NOT TO SUE the RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation in the ACTIVITIES by me,
- an AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the RELEASEES or otherwise; and
- an AGREEMENT TO WAIVE, RELEASE, AND INDEMNIFY World Axe Throwing League Inc., a Delaware corporation ("WATL") from any and all claims, damages, causes of action and liabilities for any accident, injury, or damage to any person, including, without limitation, death, or to the property of any person and any other cause whatsoever arising from or related to your participation in the ACTIVITIES and/or your use of any WATL manufactured or approved axes.
I further agree that, in the event THE SOUTHERN OX PARTIES take photographs or videos, I hereby assign full copyright of these photographs and videos to THE SOUTHERN OX PARTIES (and the related representatives and assigns), together with the right of reproduction either wholly or in part. Furthermore, I grant THE SOUTHERN OX PARTIES, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for editorial trade, product or service advertising and such other fashion /business purpose in any manner and medium, including advertising with any retouching or alteration without restriction or compensation.
Further, I acknowledge and agree that I have been fully advised that I should wear closed toed shoes in order to participate in the ACTIVITIES. I fully understand that by wearing footwear that exposes my toes, I am at risk of significant injury including, but not limited to, axes falling on my feet or hitting my feet causing significant injury. I understand that I should wear closed toed shoes and have been cautioned against participating in the ACTIVITIES while wearing open toed shoes, flip flops, sandals, or other similar footwear. By participating in the ACTIVITIES with open toed shoes, flip flops, sandals, or other similar footwear, I fully assume all liability and risk associated by doing so.
I HAVE READ THIS DOCUMENT THOROUGHLY AND UNDERSTAND THAT THE RELEASEES ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WAIVER AND RELEASE, UNDERTAKINGS AND AGREEMENTS WHEN ACCEPTING MY PARTICIPATION IN THE ACTIVITIES. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I GIVE UP SUBSTANTIAL LEGAL RIGHTS I WOULD OTHERWISE HAVE. I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT. IN SIGNING THIS DOCUMENT, I REPRESENT AND WARRANT TO THE RELEASEES THAT I AM OF LEGAL AGE AND HAVE THE LEGAL CAPACITY NECESSARY TO GIVE THIS RELEASE.