Waiver

WAIVER

RELEASE OF LIABILITY

EXTREME AXE THROWING HOLLYWOOD LLC (“EXTREME AXE”) IS AN AXE-THROWING FACILITY THAT ALLOWS CUSTOMERS TO PARTICIPATE IN AXE THROWING GAMES.

Definition – Participant:

Any customer or guest on Extreme Axe’s premises, including minors, and including guests who do not actually throw any axes.

This also includes employees, contractors, and volunteers who participate in demonstrations, training, or team activities involving axe throwing.

Inherent Risks:

As with all activities, there are inherent risks of injury at Extreme Axe. Inherent risks are those risks that cannot be eliminated without changing the nature of the activity.

Some risks include, but are not limited to:

• General facility risks: slips, falls, or trips due to uneven pavement or flooring, wet, icy, or slippery surfaces, or items left on the floor; falling target and/or construction components.
• Human error risks: erratic or negligent actions; failure to follow instructions, inadvertent inattentiveness, incorrect throwing or playing techniques, errors in judgment, failure to adequately train participants, judgment errors in emergency care, and inadequate emergency training of personnel.
• Axe throwing risks: being hit by an axe – thrown or held – due to participant or staff inattentiveness, neglect, failure to follow instructions, incorrect throwing or playing techniques, errors in judgment, inadequate training, or purposeful or accidental assault and battery by a participant.
• Psychological or emotional risks: extreme noises, enclosed spaces, or visual stimuli may cause discomfort, panic attacks, claustrophobia, or psychological distress. Participant voluntarily assumes all risks associated with any psychological or emotional reactions during or after participation.
• Alcohol-related risks: participation while under the influence of alcohol or other substances increases the risk of injury.
• Environmental sensitivity risks: some participants may experience allergic reactions or respiratory irritation due to exposure to common materials used in the facility, such as the scent of freshly cut wood, wood dust, cleaning agents, adhesives, or other airborne particles. Extreme Axe is not responsible for pre-existing or unknown sensitivities and assumes no liability for allergic or respiratory responses.

Types of Injury:

All Participants must understand three categories of injuries that may occur as a result of these inherent risks.

The most common are minor injuries, which include but are not limited to hand injuries (splinters, calluses, skin tears, pinches, punctures, and cuts), bruises and scrapes, and muscle strains.

Major injuries include, but are not limited to, broken bones, joint/ligament/tendon injuries, internal injuries, concussions, back injuries, and eye injuries.

Catastrophic injuries, though very rare, include but are not limited to: loss of vision or hearing, permanent disabilities, heart attack, stroke, paralysis, or death.

Assumption of Inherent Risks:

The signer acknowledges that he/she has read the above warning regarding the nature of activities at Extreme Axe and their associated risks. The Participant affirms that:

1. he/she understands the demands of axe throwing at Extreme Axe relative to his/her skill level and health condition;
2. he/she understands the types of injuries that may occur as a result of Extreme Axe’s activities and is not relying on Extreme Axe to list all of the potential associated risks;
3. he/she understands the potential impacts of the risks on his/her well-being, lifestyle, and potential future careers.

Participant hereby asserts that his/her participation is voluntary and that he/she knowingly assumes all inherent risks, both known and unknown.

Participant further certifies that they are in good physical condition and do not have any medical conditions (including but not limited to epilepsy, severe anxiety disorders, recent surgeries, or heart conditions) that would impair their ability to safely participate.

Waiver of Liability for Negligence:

In consideration of permission for the Participant to use the Extreme Axe facility and services and participate in Extreme Axe activities, today and on all future dates, the Participant, on behalf of himself/herself, and their spouse, heirs, personal representatives, assigns, or others making a claim on behalf of Participant, do hereby release, waive, discharge, and covenant not to sue Extreme Axe, its owners, directors, officers, employees, members, lessors, lessees, volunteers, independent contractors, equipment providers, and agents, (hereafter referred to, collectively, as “Protected Parties”) from liability from any and all claims arising from:

1. the NEGLIGENCE of Extreme Axe or other Protected Parties, and
2. the presence of Participant on the premises of Extreme Axe.

This Assumption of Risk and Waiver of Liability also applies to, but is not limited to, any/all claims resulting from the damage to, loss of, or theft of property. Participant releases Extreme Axe from any claims and rights that Participant has:

1. now against Extreme Axe and/or
2. may have in the future against Extreme Axe.

This waiver applies equally to employees, trainees, and volunteers during the course of any on-premise activity involving axes or related tools.

CLARIFYING CLAUSES:

• I understand that if, in spite of the above clause, legal action is brought, either only the appropriate trial court in Miami-Dade County, FL or Broward County, FL shall have jurisdiction. The state of Florida has the sole and exclusive jurisdiction and only the substantive laws of the state of Florida shall apply.
• I give Extreme Axe authority to secure help and/or administer emergency first aid, when deemed necessary, and to secure emergency medical care/transportation. I agree to assume all costs of care and transportation.
• By signing this waiver I authorize Extreme Axe to send text messages to my cell phone or the phone number I indicated on this waiver. I understand that text messaging rates may apply. I also understand that I or Extreme Axe may revoke this permission in writing at any time. I agree not to hold Extreme Axe liable for any electronic messaging charges or fees generated by this service.
• I will inform Extreme Axe of any injury (even minor injuries) prior to leaving the facility.
• Media Release: Extreme Axe has my permission to use any photographs, images, or likenesses taken of the Participant in its marketing brochures, ads, videos, website, or other media.
• I agree to obey all rules and alert the staff to any rules violations or dangerous behavior of co-participants.
• I understand I am to cease activity immediately and inform staff if I feel any unusual discomfort or serious injury.
• I agree to obey all posted signs and stay out of prohibited areas.
• I acknowledge that Extreme Axe has authority to end my participation without refund if my participation presents a danger to myself and/or others or if I fail to follow rules or procedures.
• I am fully and personally responsible for my own safety and actions while and during my participation. I recognize that I may be at risk of contracting COVID-19.
• With full knowledge of the risks involved, I hereby release, waive, discharge the Organization, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by me related to COVID-19.
• I agree to indemnify, defend, and hold harmless the Organization from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released parties due to injury, loss, or death from or related to COVID-19.
• I understand that this waiver will remain in effect for all future visits unless revoked by me in writing and acknowledged by Extreme Axe.
• If I am signing on behalf of a minor under the age of 18, I certify that I am the parent or legal guardian of said minor and I agree to all the terms stated above on behalf of the minor as well as for myself.

ACKNOWLEDGEMENT OF UNDERSTANDING:

I, THE PARTICIPANT, HAVE READ THIS ASSUMPTION OF RISK AND WAIVER OF LIABILITY AND FULLY UNDERSTAND ITS TERMS.

I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS THAT MIGHT BELONG TO ME.

I AM SIGNING FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.