RE:
Recreational Axe‐Throwing
(the “Activity”)
I,
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 any occupier's liability legislation.
(a) the
Activity is inherently risky and dangerous, and there is the
possibility of personal injury, death, property damage and/or loss
resulting therefrom;
(b) 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;
(c) 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 Releasees 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;
(d) 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;
(e) 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, including any provincial Contributory Negligence Act, and
the amendments thereto and/or under any successor legislation
thereto, and/or under any Rules of Civil Procedure, or any similar
legislation, from the Releasees with respect to the matters
discharged by this Release of Liability, Waiver, and Assumption of
Risk;
(f) notwithstanding the above, 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;
(g)
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 herein;
(h) Valid government
identification confirming legal age shall be required to consume
alcohol on the premises. No irresponsible behavior involving alcohol,
or otherwise, will be tolerated, and that at the discretion of any
Hatchet Club LLC. management and/or employees, individuals offending
this rule shall be removed from the premises, and where deemed
warranted by Hatchet Club LLC. management and/or employees, said
individuals may be prohibited from participating in future events or
re‐entering
the premises;
(i) Where an individual’s
consumption of alcohol has been deemed by the management and/or
employees of Hatchet Club LLC., to have created an unsafe
environment, or where said individual appears in any way intoxicated
in their movement, speech, or overall behavior, the management and/or
employees of Hatchet Club LLC., in their sole an absolute discretion,
reserve the right to prevent said individual from participating any
further in the Activity;
(j) regarding PHOTOGRAPHS, VIDEOS and
RECORDINGS, the Releasor hereby grants the Releasees, non‐revocable
permission and consent to capture my image and likeness in
photographs, videotapes, recordings, or any other media (“images”).
I acknowledge that the Releasees will own such images and further
grant the Releasees permission to copyright, display, publish,
distribute, use, modify, print and reprint such images in any manner
whatsoever related to the Releasees’ 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 the
Releasees prior to its use. I forever release and hold the Releasees
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.
Sun Dec 22, 2024