Waiver
Liability waiver and customer agreement
ACCIDENT WAIVER AND RELEASE OF LIABILITY and acceptance or responsibility for damages for Axe N Smash
FORM IN CONSIDERATION FOR ALLOWING ME TO PARTICIPATE IN Axe N Smash activities, I, FOR MYSELF, MY FAMILY MEMBERS, MY EXECUTORS, MY HEIRS AND MY SUCCESSORS AND ASSIGNS HEREBY ASSUME ALL OF THE RISKS OF MY PARTICIPATION (AND THOSE OF MY MINOR CHILDREN, IF ANY, NAMED BELOW) AND AGREE TO HOLD HARMLESS the owners, managers, contractors, agents and operating licensees of Axe N Smash, and each of their respective employees, agents, and authorized third parties (collectively, the “Released Parties”), from and against any claim I may have because of my participation in Axe N Smash, as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the Released Parties, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from Axe N Smash. (B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Released Parties from any and all liabilities or claims made as a result of my participation Activities at Axe N Smash. I certify that I am physically fit for
participation in Axe N Smash and I certify that there are no health-related reasons or problems which preclude my participation in Axe N Smash experience. I acknowledge that this Accident Waiver and Release of Liability Form will be used and relied upon by the Released Parties, and that it will govern my actions and responsibilities at Axe N Smash. I acknowledge that management reserves the right to ask me to leave at anytime. I acknowledge that Released Parties are NOT responsible for the errors, omissions, acts, or failures to act of any other party or entity conducting a specific event or activity in connection with Axe N Smash as well. I acknowledge that my participation in Axe N Smash experience may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss, worsening of preexisting medical conditions. All participants will be required to pay for all of their medical bills resulting from any injury to themselves or their dependents. I understand that during my participation in Axe N Smash activities, I may be photographed, videotaped, or audio recorded.
I agree to allow my photo, video, audio recording, or film likeness to be used for any legitimate purpose by the Released Parties or any of their licensees or assigns. . I understand that by providing my email address, I will be subscribed to Axe N Smash 's mailing list and will receive emails about new rooms and promotions. Phat Axe American Fork will not sell your email address or send spam.
This Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under the applicable law of the jurisdiction in which Axe N Smash is located, and the law of the jurisdiction, and the jurisdiction in which Axe N Smash is located, shall govern and be the place of venue for any legal action.
Parents Release assumption of Risk, release, and indemnification
in consideration of any minor that is listed in this waiver being allowed to participate in any activity at Axe N Smash, and knowing the Risk, agree to hold Axe N Smash and all of its shareholders harmless of any and all liability that may arise from the minors participation in the activities provided by Axe N Smash.
Customer agrees to Pay for all activities that the Participants received upon demand from staff to include damages
Smash rooms** if the participant damages the smash room during a session which will be determined by the staff. The customer agrees to pay a minimum of $50 for the damages to the facility. If the customer refuses to pay then the cancellation charge will be executed in an effort to recover the damages. All customers and participants agree to not contest any charges by Axe N Smash or its parent company. If the charge is contested then a $500 fee will be due for the chargeback and the undersign agrees to pay.
I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A WAIVER AND RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL. (If under 18 years old, Parent or Guardian must sign.)
Click here if you’re signing for a child