TO: TIMBERWOOD AXE THROWING INC., 360LEWIS INVESTMENTS GP INC., AND EACH OF THEIR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AND EMPLOYEES (COLLECTIVELY, THE "TIMBERWOOD 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 TIMBERWOOD PARTIES must assume, and(collectively, the “ACTIVITIES”), I WARRANT TO THE TIMBERWOOD PARTIES THAT:
1. I am familiar with the risk of serious injury and death which any participant in the ACTIVITIES
2. 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
3. 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
4. I will immediately remove myself from participation, and notify the nearest 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:
1. 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
2. a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the TIMBERWOOD 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, owners and/ or lessors 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
3. 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,
4. 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
5. I further agree that, in the event the TIMBERWOOD PARTIES take photographs or videos, I hereby assign full copyright of these photographs and videos to the TIMBERWOOD PARTIES (and the related representatives and assigns), together with the right of reproduction either wholly or in part. Furthermore, I grant the TIMBERWOOD 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
Finally, as a condition for throwing, we require that closed toed shoes are worn during axe throwing activities.
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.