ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM
Smash n Axe, LLC, 8015 Bandera Road, Suite 108 and 105, San Antonio, TX 78250
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I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS Axe Throwing, Rage or Splatter EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the Smash n Axe, LLC or directors, officers, managing members, employees, volunteers, representatives, and agents of Smash n Axe, LLC being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I certify that I understand this activity has potential risks including but not limited to: 1) Use of Axe’s, Hatchet’s and throwing knives, glass, electronics, sledge hammers, bats, wrenches, etc; 2) Potentially moving or lifting objects of not more than twenty pounds; 3) Mental and physical stress and anxiety; 4) Being in a reasonably small space with strangers and other groups; 5) Possibility of failure to hit the target. 6) Use of Acrylic and or water based paint and other types of home paints that may or may not consist of Lead based paint
I have no physical or mental illness that precludes my participation in a safe manner for myself or others. I am not under the influence of drugs which impairs my ability to maintain my safety awareness or endangers others.
I acknowledge that my participation in axe and rage services are inherently dangerous and entail unknown risks that could result in physical or emotional injury, paralysis, damage to myself, to property, third parties and could even result in death. I understand that such risks can not be eliminated without jeopardizing the essential qualities of activities.
Risks include, but are not limited to: slipping, falling, flying debris, strains, sprains, broken bones, bruises, abrasions, etc. Participants are expected to be aware of equipment failure, own physical conditions and physical exertion associated with activities.
Any and all physical and mental health conditions should be taken into consideration before engaging in activities. I have been advised to consult with my medical practitioner if I have any concerns with my medical/mental health condition before engaging in any services provided by Smash n Axe.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the Smash n Axe, LLC of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity. I agree that all staff or authorized agents may, in their sole discretion, determine it is unsafe for myself or others for my participation to continue, and ask to leave the premises.
I hereby grant permission to Smash n Axe, LLC and its representatives to take photographs or videos of me and to make recordings at the event or location 8015 Bandera Road, Suite 108, San Antonio, TX 78250.
I further grant to the producers and their representatives the right to reproduce, use, exhibit, display, broadcast, distribute and create derivative works of their images and recordings in any media now known or later developed.
I acknowledge that Smash n Axe, LLC owns all rights to the images and recordings.
I hereby waive any right to inspect or approve the use of the images or recordings or of any written copy.
I acknowledge that Smash n Axe is not responsible for any lost, damaged, stolen or misplaced items of personal property. It is my responsibility to keep track and keep my items safe at all times. By using our lockers does not take responsibility off individual customers.
I acknowledge that any damage done to the property of Smash n Axe that is not meant to be damaged such as security cameras, walls, floor, speakers and other personal property of Smash n Axe not meant for activity, I am held fully liable and will be charged appropriately for the cost of repairs and replacements.
I further waive all moral right. I also waive any right to royalties or other compensation arising from or related to the use of the images, recordings, or materials.
I hereby release, defend, indemnify and hold harmless the producers from and against any claims, damages, or liability arising from or related to the use of the images recordings or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use incomposite from that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. I am 18 years of age or older and I am competent to contract in my own name. Minors between 12-17 must have a legal guardian sign and date for you below to be able to participate in activities. Anyone under the age of 12 are not permitted for Axe throwing and under 18 not permitted for Rage room under any circumstances.
I have read this document before signing below, and I fully understand the content, meaning and impact of this consent, waiver, indemnity and release. This consent, waiver, indemnity and release is binding on me, my heirs, executors, administrators and assigns.
In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns 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 entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, THE FOLLOWING ENTITIES OR PERSONS: The directors, officers, managing members, employees, volunteers, representatives, and agents of Axe Master Throwing, LLC and ; insurers, and affiliated organizations
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE Smash n Axe, LLC or directors, officers, managing members, employees, volunteers, representatives, and agents of Smash n Axe, LLC from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that the directors, officers, managing members, employees, volunteers, representatives, and agents of any authorizing entity are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose this authorizing entity decides, and assigns including marketing.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
Smash n Axe has the right to refuse service to any customer for any reason and has the right to end a session if rules are broken.
Smash n Axe reserves the right to not issue any refund for the activities and can charge appropriately with the customers card on file.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
I certify that I understand this activity has potential risks including but not limited to: 1) Use of Axe’s and Hatchet’s; 2) Potentially moving or lifting objects of not more than twenty pounds; 3) Mental and physical stress and anxiety; 4) Being in a reasonably small space with strangers and other groups; 5) Possibility of failure to hit the target.
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I have no physical or mental illness that precludes my participation in a safe manner for myself or others. I am not under the influence of drugs which impairs my ability to maintain my safety awareness or endangers others.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the Smash n' Axe of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity. I agree that all staff or authorized agents may, in their sole discretion, determine it is unsafe for myself or others for my participation to continue, ask to leave the premises.
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I hereby grant permission to Smash n' Axe and its representatives to take photographs or videos of me and to make recordings.
I further grant to the producers and their representatives the right to reproduce, use, exhibit, display, broadcast, distribute and create derivative works of there images and recordings in any media now known or later developed.
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I acknowledge that Smash n' Axe owns all rights to the images and recordings.
I hereby waive any right to inspect or approve the use of the images or recordings or of any written copy.
I further waive all moral right. I also waive any right to royalties or other compensation arising from or related to the use of the images, recordings, or materials.
I hereby release, defend, indemnify and hold harmless the producers from and against any claims, damages, or liability arising from or related to the use of the images recordings or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use incomposite from that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. I am 18 years of age or older and I am competent to contract in my own name.
I have read this document before signing below, and I fully understand the content, meaning and impact of this consent, waiver, indemnity and release. This consent, waiver, indemnity and release is binding on me, my heirs, executors, administrators and assigns.
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In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
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(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 entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, THE FOLLOWING ENTITIES OR PERSONS: The directors, officers, managing members, employees, volunteers, representatives, and agents of Smash n' Axe and ; insurers, and affiliated organizations
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE Axe Master Throwing, LLC or directors, officers, managing members, employees, volunteers, representatives, and agents of Smash n' Axe from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that the directors, officers, managing members, employees, volunteers, representatives, and agents of any authorizing entity are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose this authorizing entity decides, and assigns including marketing.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
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I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL. (Form fields with * are required.)