Waiver

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RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

WARNING: BY SIGNING THIS WAIVER YOU ARE WAVING CERTAIN LEGAL RIGHTS – PLEASE READ THE DOCUMENT BELOW CAREFULLY

  • The undersigned, for themselves, their respective heirs, personal representatives, and assigns, desiring to participate in and/or spectate recreational axe-throwing at a facility owned and/or operated by Patriot Axe Throwing, LLC and/or Patriot Brew Thru, LLC, agree as follows:
  • 1. Release and Waiver. The undersigned, for themselves, their guests, invitees, family members, and personal representatives, hereby fully RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Patriot Axe Throwing, LLC and/or Patriot Brew Thru, LLC, including, but not limited to, all of their subsidiaries, affiliated companies, parent companies, insurers and successors and assigns, and all of their current and former officers, members, directors, employees, agents, subcontractors, independent contractors, representatives and attorneys (hereinafter the “Released Parties”), for any loss, liability and expense, including reasonable attorney’s fees and costs, regardless of the type, resulting from any personal injury, accident or illness (including death), and/or any damages or losses to property, however caused, arising from, or in any way related to, the undersigned participating in and/or spectating recreational axe-throwing at a facility owned and/or operated by the Released Parties.
  • 2. Indemnification and Hold Harmless. Each of the undersigned, for themselves, their guests, invitees, family members, and personal representatives, hereby agree to fully INDEMNIFY, DEFEND AND HOLD the Released Parties HARMLESS from and against any and all claims actions, suits, procedures, costs, expenses, damages and liabilities, including, but not limited to, attorney’s fees, arising from, or in any way related to the undersigned participating in and/or spectating recreational axe-throwing at a facility owned and/or operated by the Released Parties.
  • 3. Assumption of Risk. The undersigned, for themselves, their guests, invitees, family members and personal representatives, acknowledge recreational axe-throwing is an inherently risky and dangerous activity and hereby expressly, fully, and unconditionally assume any and all risks associated with participating in and/or spectating recreational axe-throwing at a facility owned and/or operated by the Released Parties. These risks include, but are not limited to, using or being in close proximity to hazardous objects. Possible injuries include cuts and lacerations, concussions, traumatic brain injuries, bone fractures, skull fractures, catastrophic injury, or even death. The undersigned authorizes the Released Parties to secure emergency medical care on their behalf in the event the undersigned suffers a serious accident or injury and agrees to assume the costs of such medical care.
  • 4. Revocability. The Released Parties reserve their unconditional right to revoke the license granted hereunder for any reason, or no reason at all. Any such revocation shall be effective immediately upon receipt by the undersigned of notice thereof.
  • 5. Condition of Facilities and Equipment. The undersigned expressly accept use of the Released Parties’ facilities and equipment “AS-IS”, “WHERE-IS” and with all faults. The Released Parties make no warranty as to the design, manufacture, maintenance, condition or fitness of any facilities and/or equipment available for use by the undersigned. The Released Parties shall have no duty to improve, alter, repair, or make safe any existing condition at their facilities or any equipment available for use by the undersigned. The Released Parties expressly disclaim any and all representations, warranties, and conditions with respect to all facilities and equipment available for use by the undersigned.
  • 6. Permitted Uses. Any use of the Released Parties’ facilities and/or equipment by the undersigned shall be solely for recreational axe-throwing. The undersigned agree not to use the Released Parties’ facilities and/or equipment for the purposes stated herein under the influence of alcohol, drugs or anything that could impair their faculties and/or judgment. Any use of the Released Parties’ facilities and/or equipment other than the permitted use above shall result in the automatic termination of the license as to all parties, and the Released Parties shall be entitled to pursue any and all remedies as may be available in law or equity.
  • 7. Severability. The undersigned expressly agree that the foregoing Release, Waiver of Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Agreement shall be interpreted under the laws of the State of North Carolina.
  • 8. Acknowledgment of Understanding. The undersigned, being the full age of majority, have read this Release, Waiver of Liability and Indemnity Agreement and have had the opportunity to ask questions about the same. The undersigned fully understand that by signing this Release, Wavier of Liability and Indemnity Agreement the undersigned are giving up substantial rights and connection therewith, including the right to sue for damages in the event of injury or death, and that its terms are contractual, and not a mere recital. The undersigned acknowledge that they are signing this Agreement freely and voluntarily and that they intend their signature to be a complete release of all liability, including that due to inherent risks or negligence, to the greatest extent allowed by the laws of North Carolina.
  • 9. Amendment or Changes. The undersigned acknowledge that any modification, change or amendment to this Agreement must be in writing signed by the undersigned and the Released Parties.
  • 10. Copies/Counterparts. This agreement may be executed in any number of copies, counterparts, scans, photocopies, or telecopies, any and all of which shall be deemed an original for all purposes relating to this agreement.
  • 11. Choice of Law and Venue. Regardless of the place of contracting, place of performance or otherwise, this Agreement and all amendments, modifications, authorizations, or supplements hereto, and the rights of the parties hereunder, shall be construed under and governed by the laws of the State of North Carolina. If legal action is brought against the Released Parties, either the appropriate state court serving Catawba County, North Carolina, or the United States District Court for the Western District of North Carolina shall have the sole and exclusive jurisdiction over the proceeding.
  • 12. Arbitration. The parties agree that all disputes, controversies, or claims arising out of or relating to this Agreement shall be settled by binding arbitration in Catawba County, North Carolina, in accordance with the rules, regulation and procedures of the North Carolina Revised Uniform Arbitration Act, Article 45C of Chapter 1 of the North Carolina General Statutes, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
  • PLEASE READ CAREFULLY BEFORE SIGNING. BY SIGNING THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT YOU ARE SIGNIFYING THAT YOU HAVE READ IT, UNDERSTAND IT, AND AGREE TO ITS TERMS.

     

    Acknowledged and agreed by each of the undersigned as of the date of each signature below. Persons under the age of eighteen (18) must have a parent or guardian agree below.

     

    I consent to having photos posted on social media and email/text communication from Patriot Axe Throwing/Patriot Brew Thru.

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