1. ACTIVITIES AND ASSOCIATED RISKS:
IN CONSIDERATION OF the risk of injury that exists while participating in AXE THROWING (hereinafter the “Activity”), which is managed by P.A.C.’S AXE THROWING LLC, I understand that:
the Activity is hazardous, and I may be exposed to inherent dangers and hazards, including but not limited to some of the following: lacerations, fractures, overexertion, injuries from my lack of fitness or conditioning, equipment failures, and negligence of others; as a consequence of these risks and other risks associated with the Activity that may not be listed here, I may be seriously hurt, disabled or may die from the resulting injuries, and
2. ASSUMPTION OF THE RISKS:
IN CONSIDERATION OF my desire to participate in said Inherently Dangerous Activity and being given the right to participate in same;
The Activity is inherently dangerous. Rules and procedures have been established to help make the Activity as safe as possible, and I HEREBY agree to follow the rules for the Activity and to follow directions given to me. P.A.C.’s Axe Throwing LLC does not claim that such rules and procedures are sufficient in any way to protect the Participant or his/her property from damage, injury, illness, or death. Everyone attending this event is participating at his/her own risk.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
3. RELEASE OF LIABILITY:
I HEREBY release and forever discharge P.A.C.’S AXE THROWING LLC, located at 1120 State Route 434, Owego, New York 13827, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Inherently Dangerous Activity. To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of P.A.C.’s Axe Throwing LLC, its agents, and employees
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE:
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize P.A.C.’s Axe Throwing LLC to provide all emergency medical care deemed necessary, including but no limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Inherently Dangerous Activity 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. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the P.A.C.’s Axe Throwing LLC official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE P.A.C.’s Axe Throwing LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST P.A.C.’s Axe Throwing LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
I agree that the purpose of this Agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by New York law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.
6. APPLICABLE LAW AND FORUM:
This Agreement shall be construed in accordance with the laws of the state of New York, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in the state court located in Tioga County, New York.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL. THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION FROM THE DAY OF SIGNATURE FOR ONE FULL YEAR.