BURY THE HATCHET KC LLC Release of Liability, Waiver of Claims, Express Assumption of Risk, Indemnity Agreement and Photo & Video Release Welcome to Bury The Hatchet KC LLC (the “Company,” “us,” or “we”). This is an agreement between every participant (“I” or “Me”) desiring to engage in axe or hatchet throwing and related activities (referred to herein as the “Activity” or the “Activities”) and the Company outlining the terms and conditions applicable to your entry on the Company premises and participation in the Activity (the “Agreement”). Please read carefully and be certain you understand the implications of signing.
As a part of the lawful consideration for being permitted by the Company on whose premises you are allowed to participate in the Activities, you hereby freely acknowledge, accept, understand, and agree to the following:
1. I fully understand and appreciate that hatchets and/or axes of any size are potentially dangerous objects, and I fully accept responsibility for the dangers, hazards, and risks inherent in the Activity, and the inherent risks associated with the use and misuse of axes/hatchets.
2. I acknowledge and understand that I will be voluntarily engaging in activities that involve axes/hatchets, which may result in the risk of serious injury, scarring, loss of an important bodily function, permanent disability, or death, and may cause severe social, economic or financial losses due to not only my own actions, inaction or negligence, but also to the actions, inactions or negligence of others or conditions of the premises or of any equipment used. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time.
3. I am physically, emotionally and mentally able to participate in the Activity and have no known ailments of physical or mental nature that would impair my ability to throw an axe or a hatchet. 63826009.2
4. I will immediately remove myself from participation and notify the nearest staff member if at any time I sense or observe any unusual hazard or unsafe condition, or if I feel that I have experienced any injury and/or deterioration in my physical, emotional or mental fitness for continued participation.
5. I assume all the risks and accept responsibility for all the damages following such injury, deterioration, permanent disability, or death.
6. Notwithstanding any other provision of this Agreement, and to the fullest extent allowed by law, for the valuable consideration of being permitted to participate in the Activity, I, my estate, heirs, family members, distributees, personal representatives, guardians, conservators, agents, successors and assigns, hereby freely, expressly, and unconditionally RELEASE DISCHARGE, AND WAIVE MY RIGHT TO ASSERT ANY CLAIM, DEMAND, AND/OR CAUSE OF ACTION NOW HAVE OR MAY HAVE IN THE FUTURE AGAINST: (1) the Company, and its members, shareholders, officers, owners, employees, insurers, agents, volunteers, subsidiaries, affiliates, successors and assigns, and any of their affiliates, subsidiaries, respective members, members, shareholders, directors, officers, and related persons and entities, in their official and individual capacities (the “Company Released Parties”); and (2) the premises owner and landlord who leases the premises to the Company, together with its members, shareholders, officers, owners, employees, insurers, agents, volunteers, subsidiaries, affiliates, successors and assigns, and any of their affiliates, subsidiaries, respective members, members, shareholders, directors, officers, and related persons and entities, in their official and individual capacities (the “Landlord Released Parties” and together with the Company Released Parties, the “Releasees”) for any injury (including without limitation, personal injury (including, but not limited to, death) physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis) to my person, economic or emotional loss, premises damage or loss, or other damages resulting from my presence on the Company premises or my participation in the Activity, regardless of whether such injuries or damages result from the negligence, in whole or in part, strict liability, professional errors or omissions, or other acts, of myself, the Releasees, and/or any other person(s) in connection with my presence on the Company premises or my participation in an Activity.
7. I FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD THE RELEASEES HARMLESS FROM AND AGAINST ALL LIABILITY, LOSS, DAMAGE, CLAIMS, SUITS AND ACTIONS OF EVERY TYPE, INCLUDING BUT NOT LIMITED TO ALL REASONABLE 63826009.2 ATTORNEYS' FEES AND COSTS OF DEFENSE CLAIMS OR CAUSES OF ACTION ASSERTED FOR OR ON ACCOUNT OF ANY ACTUAL OR ALLEGED PERSONAL INJURY (INCLUDING BUT NOT LIMITED TO DEATH), COMPANY DAMAGE OR OTHER INJURY OF AN INTANGIBLE NATURE (INCLUDING WITHOUT LIMITATION MENTAL ANGUISH, PHYSICAL PAIN AND SUFFERING, LOSS OF EARNINGS OR EARNING CAPACITY AND LOSS OF CONSORTIUM) CLAIMED TO HAVE BEEN SUSTAINED BY ME IN CONNECTION WITH ANY ACCIDENT OR INJURY THAT MAY OCCUR BEFORE, DURING OR AFTER MY PRESENCE ON THE COMPANY PREMISES, MY ENGAGEMENT IRRESPECTIVE OF WHETHER SUCH DAMAGE OR LOSS IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, IN WHOLE OR IN PART, STRICT LIABILITY, PROFESSIONAL ERRORS OR OMISSIONS or other acts of myself, the Releasees, and/or any other person(s) in connection with my presence on the Company premises or my participation in an Activity.
8. I agree that I, my assignees, heirs, guardians, and legal representatives will not sue the Releasees nor any of their assigns, affiliates, relatives, heirs, subsidiaries, shareholders, directors, officers, employees or agents as a result of any of the Activities.
9. I understand that drinking alcohol is not a requirement nor sold or by the Company. If I do consume alcohol while at the Company premises, I agree that I am over 21 years of age, and I do so of my own choice and volition and agree to drink responsibly. Further, I understand that the Company is a BYOB establishment and operates in accordance with state & local ordinances and laws.
10. I assume the risks associated with alcohol consumption and takes full responsibility for my own actions, safety and welfare. I agree to strictly adhere to the BYOB policies of the Company and state & local ordinances and laws while in a Company establishment.
11. I agree to exercise ordinary and reasonable care at all times, and to not imbibe alcohol to the extent that my judgment is impaired. I understand the potential risks associated with the consumption of alcohol and acknowledge that I do not have or am not aware of any medical condition(s) that would prevent me from consuming alcohol or would result in any injury or damage as a result of alcohol consumption. I acknowledge and agree that the Company shall not be responsible or liable for any accident, injury, theft, loss or damage caused by my impaired judgment or negligence. 63826009.2
12. I agree and understand that the Company reserves the right to refuse entry, suspend or cancel my participation in any Activities at any time for any reason whatsoever and that I may or may not receive a refund.
13. I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording.
14. For league play and events, I agree and understand that this release, waiver, assumption, and indemnity of liability, claims, and risk will remain in full force and effect, on file and apply to the current league season and all future events.
15. I agree that if I have brought anyone with me that is under the age of 18 years old to any Company location that I am either the parent or legal guardian of that person(s). I accept full responsibility for all minors that I have brought with me to the Company premises and agree that all the terms of this Agreement will also apply to these minors. The Company does NOT allow persons under the age of 18 years to participate in Activities without parental/legal guardian supervision.
16. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement.
17. I/We fully understand and acknowledge that although Bury the Hatchet KC LLC has taken steps to comply with the current CDC guidance for COVID-19, you acknowledge the risks associated with the pandemic to health, safety and your welfare. I/We accept and assume such risks and responsibility for the losses and/or damages following such injury, illness, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releases named below.
*I understand that the check box regarding receiving emails, physical mail, text messages, and phone calls from Bury the Hatchet KC, LLC is optional and that if I have opted-in/selected/checked this check box that I agree to receive emails or physical mail from Bury the Hatchet KC, LLC and its affiliates, agents, service providers, and business partners with promotional information on products, services, events (e.g., league nights), etc. Additionally, I agree to allow Bury The Hatchet KC, LLC and its affiliates, agents, service providers, and business partners to contact me at the phone number listed using an automatic telephone dialing system, text message, artificial voice, or pre-recorded message to provide messages, including informational, promotional and telemarketing. I acknowledge that listing the phone number below is NOT a condition of receiving any property, goods, or services from Bury the Hatchet KC, LLC. By listing the phone number below, I certify that the phone number is accurate and that I own the rights to use that phone number and to give consent to call or text that number. Please Note: Data, text, and roaming charges may apply. Up to 10 texts may be sent per month and this amount may vary from time to time.
I HAVE CAREFULLY READ THE ABOVE WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I DO SIGN IT VOLUNTARILY. I AGREE TO PARTICIPATE KNOWING THE RISKS AND CONDITIONS INVOLVED AND DO SO ENTIRELY OF MY OWN FREE WILL.