R3, 2023-12-03

NOTE: Rockstar Axe Throwing does not accept paper waivers, please submit electronically.

Rockstar Axe Throwing, LLC 

Release, Liability Waiver and Consent Agreement 

FOR EXECUTION BY PARENT/GUARDIAN OF MINOR(S)



PARTICIPANT INFORMATION

Please select who will be participating

First Minor's Information





Second Minor's Information





Third Minor's Information





Fourth Minor's Information





Fifth Minor's Information





Sixth Minor's Information





THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS AFFECTING OUR LIABILITY TO YOU, AND TO YOUR CHILD/CHILDREN, AS WELL AS TERMS AND CONDITIONS OF THEIR PARTICIPATION IN THESE ACTIVITIES

PLEASE READ CAREFULLY BEFORE SIGNING

IN CONSIDERATION of your minor child/children being permitted to utilize the facilities, services and programs of Rockstar Axe Throwing, LLC, d/b/a Rockstar Axe Throwing (“Rockstar Axes”) at 3402 Technological Avenue, Suite 148, Orlando, Florida 32817 (“Premises”) for any purpose, including, but not limited to observation or use of the facilities or equipment, or participation in program, the services and activities, including, but not limited to, throwing of, or use of, axes, knives, throwing stars, shovels, batarangs or spears, of any size or kind (the “Activities”), you hereby attest that, after reading this Release, Liability Waiver and Consent Agreement (this “Agreement”) completely and carefully, including the notice above your signature, as required by Florida Statutes s. 744.301, you acknowledge that you have freely consented to your child/children’s participation in the Activities, and that you understand and agree, on your behalf and on behalf of your minor child/children, and each of you and your child/children’s heirs, assigns, next of kin, personal representative and estate, as follows:

ASSUMPTION OF RISKS: I fully understand and appreciate, on behalf of my minor child/children, the inherent risks associated with throwing of, or use of, axes, knives, throwing stars, shovels, batarangs or spears, of any size or kind; the potential dangerous nature associated with the Activities; and/or the potentially dangerous environment that can be caused to myself, and/or to others, from the misuse of the Activities. I, on behalf of my minor child/children, acknowledge and understand that my minor child/children will be voluntarily engaging in activities that involve throwing of, or use of, axes, knives, throwing stars, shovels, batarangs or spears, of any size or kind, 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 or economic losses due not only to my own actions, inaction or negligence, but also to the action, inaction or negligence of others, or conditions of the premises used for the Activities or of any equipment used for the Activities. Further, and on behalf of my minor child/children, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time. I, and my child/children acknowledge that the participation in the Activities are optional and are in no way mandatory and that by virtue of my consent and child/children’s participation in the Activities, I have assumed all such risks, known or unknown.

RELEASE OF LIABILITY: I agree, on behalf of my minor child/children, to waive and release, covenant not to sue and forever discharge the parties named below (the “Released Parties”) from all liabilities, demands, claims, actions, causes of action, damages, suits in equity, costs or expenses of any nature whatsoever ("Claims") associated with all risks which my child/children may have in connection with their participation in the Activities (which risks may include, among other things, and without limitation, muscle injuries, heat and stress related issues, cuts, lacerations and broken bones and death), whether or not such risks are open and obvious, the result of negligence of the Released Parties, their employees or agents, or otherwise.

INDEMNITY/INSURANCE: I agree to indemnify and hold each of the Released Parties identified on the second page of this Agreement harmless from and against any and all Claims arising out of or in any way connected with my child/children's participation in the Activities, including, but not limited to, all attorneys' fees and costs and disbursements up through and including any appeal. I understand and agree that this indemnity includes any Claims based on the negligence, action or inaction of any of the Released Parties and covers bodily injury (including death), property damage, mental or emotional distress, and loss by theft or otherwise, whether suffered by me or my child/children either before, during or after participation in the Activities. I agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit or that of my child/children relative to my child/children's participation in the Activities, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my child/children's participation in the Activities, at my own expense.

PHYSICAL CONDITION/MEDICAL AUTHORIZATION: I hereby certify that my child/children is sufficiently physically fit for participation in the Activities and has the skill level required in conjunction with the Activities, and I have not been advised otherwise. I acknowledge that employees of Rockstar Axes are not certified or trained as medical personnel and the Released Parties shall have no duty, obligation or liability arising out of the provision of, or failure to provide, medical treatment. I further certify that my participating minor child/children is covered by medical insurance.

EQUIPMENT AND FACILITIES INSPECTION: I agree that before my child/children participates in any activity conducted in conjunction with the Activities, I will inspect the related facilities and equipment before my child/children’s participation in the Activities. I, or my child/children if I am not in attendance at the Activities, will immediately advise a Rockstar Axes employee of any unsafe condition that I, or my child/children if I am not in attendance at the Activities, observe. I, or my child/children, will refuse to participate in the Activities until all unsafe conditions observed by me, or my child/children, have been remedied. I understand and acknowledge that my child/children’s participation is voluntary, and my child/children have not been in any way induced or required without my consent to utilize any of the equipment and facilities that I find to be unsafe.

RULES: I, on behalf of my minor child/children, acknowledge that Rockstar Axes has instituted its rules for the protection of the participant, other participants, equipment and premises. I and my child/children agree to familiarize ourselves with those rules and follow them at all relevant times. I, and my child/children also recognize the authority of Rockstar Axes to halt my/our participation (and, if necessary, have me/us removed from the premises) at any time and remove me and my child/children from the Premises if my/our participation, conduct, or presence is inappropriate or endangers myself/ourselves or other participants or others present at the Premises in the sole and absolute discretion of any Rockstar Axes employees. Rockstar Axes will have no obligation to refund or return any fees, associated costs or payments rendered in the event of such removal.

PHOTOGRAPHS, VIDEOS, AND RECORDINGS: I acknowledge and accept, on behalf of my minor child/children, that Rockstar Axes Premises are under video and audio surveillance. I hereby grant Rockstar Axes and the other Released Parties non-revocable permission to capture my child/children’s image and likeness in photographs, videos, recordings, or any other media (collectively “images”). I, on behalf of my minor child/children, acknowledge that Rockstar Axes will own such images and further grant Rockstar Axes permission to copyright, display, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to Rockstar Axes’ business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I, on behalf of my minor child/children, further waive any right to inspect or approve the use of the images by Rockstar Axe Throwing, LLC prior to its use. I, on behalf of my minor child/children, forever release and hold Rockstar Axes harmless from any and all liability arising out of the use of the images in any manner or media whatsoever, and waive any and all claims and causes of action relating to use of the images, including without limitation, claims for invasion of privacy rights or publicity. I accept Rockstar Axes taking pictures or videos of my child/children and publishing on any media source for advertising.

ALCOHOL CONSUMPTION: I understand that drinking alcohol is not a requirement of the Activities. If I, as parent or guardian, do consume alcohol during the Activities, I agree that I am over 21 years of age, and I do so of my choice and volition and agree to drink responsibly. I, as parent or guardian, assume the risks associated with alcohol consumption and take full responsibility for my own actions, safety and welfare. I, as parent or guardian, agree to exercise ordinary and reasonable care at all times and to not drink alcohol to the extent my judgment is impaired. I agree to prevent my child/children from consuming any alcohol on the Premises prior to and during the Activities. I and my child/children assume the risk associated with observing and/or participating in the Activities in proximity with those who consume alcohol. Rockstar Axes reserves the sole and absolute right to prohibit access and participation by any person on the Premises if they are deemed to be impaired by alcohol or drugs.

SEVERABILITY: I agree on behalf of my minor child/children, that if any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision is fully severable, and this Agreement must be construed and enforced as if such illegal, invalid, or unenforceable provision never comprised a part of this Agreement; and the remaining provisions of this Agreement remain in full force and effect and may not be affected by the illegal, invalid, or unenforceable provision or its severance from this Agreement.

ENTIRE AGREEMENT: I affirm, on behalf of my minor child/children, that this Agreement supersedes any and all previous oral or written promises or agreements. I, on behalf of my minor child/children, understand that this is the entire Agreement between me and Rockstar Axes and cannot be modified or changed in any way by representations or statements by any agent or employee of Rockstar Axes. This Agreement may only be amended by a written document duly executed by all parties.

GOVERNING LAW: This Agreement shall be governed by the laws of the State of Florida, and any legal action relating to or arising out of this Agreement shall be commenced exclusively in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida (or if such Circuit Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in such county and having subject matter jurisdiction).

ATTORNEYS FEES: In the event of any litigation between the parties arising out of the interpretation or enforcement of this Agreement, the prevailing party shall be entitled to its attorneys’ fees and costs from the non-prevailing party, including the fees and costs associated with appeal.

WAIVER OF TRIAL BY JURY: I HEREBY SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY FOR MYSELF AND FOR MY CHILD/CHILDREN.

RELEASED PARTIES: As used herein, the term “Released Parties” shall mean: Rockstar Axe Throwing, LLC, d/b/a Rockstar Axe Throwing, and any parent, subsidiary or other affiliated or related company or companies; all advertisers at Rockstar Axes; and the officers, directors, employees, agents, contractors, sub- contractors, representatives, insurers, sponsors, organizers, promoters, other participants, spectators, suppliers, owner and or lessors of the premises used for the Activities, licensees, volunteers, board members, successors and assigns of each of the foregoing entities.

AS REQUIRED BY, AND IN COMPLIANCE WITH, FLORIDA STATUTES §744.301
PLEASE READ BEFORE SIGNING

NOTICE TO THE MINOR CHILD/CHILDREN’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD/CHILDREN ENGAGE IN POTENTIALLY DANGEROUS ACTIVITIES. YOU ARE AGREEING THAT, EVEN IF ROCKSTAR AXE THROWING, D/B/A ROCKSTAR AXE THROWING AND ANY PARENT, SUBSIDIARY AND OTHER AFFILIATED OR RELATED COMPANIES; ALL ADVERTISERS AT ROCKSTAR AXE THROWING, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUB-CONTRACTORS, REPRESENTATIVES, INSURERS, SPONSORS, ORGANIZERS, PROMOTERS, OTHER PARTICIPANTS, SPECTATORS, SUPPLIERS, OWNERS AND/OR LESSORS OF THE PREMISES USED FOR THE ACTIVITIES, LICENSEES, VOLUNTEERS, BOARD MEMBERS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING ENTITIES (COLLECTIVELY, THE “RELEASED PARTIES”) USE REASONABLE CARE IN PROVIDING THESE ACTIVITIES, THERE IS A CHANCE YOUR CHILD/CHILDREN MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THESE ACTIVITIES BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITIES WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD/CHILDREN'S RIGHT AND YOUR RIGHT TO RECOVER FROM ROCKSTAR AXE THROWING AND ANY PARENT, SUBSIDIARY AND OTHER AFFILIATED OR RELATED COMPANIES; ALL ADVERTISERS AT ROCKSTAR AXE THROWING, LLC, D/B/A ROCKSTAR AXE THROWING, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUB-CONTRACTORS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, AND VOLUNTEERS OF EACH OF THE FOREGOING ENTITIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD/CHILDREN OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITIES. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND, ROCKSTAR AXE THROWING ON BEHALF OF THE RELEASED PARTIES, HAS THE RIGHT TO REFUSE TO LET YOUR CHILD/CHILDREN PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

Click to Initial
Parent's Initials

By signing below, I certify that: (1) I have fully and completely read and understand this Release, Liability Waiver and Consent Agreement; (2) I am 18 years of age
or older; (3) I am the natural guardian and/or parent of the minor child/children identified below; (4) the information set forth below pertaining to my child/children is true and complete; (5) I consent and agree to all of the foregoing on behalf of myself and my minor child/children identified below; (6) I consent to remain personally liable for all of the covenants and statements contained herein if any information provided by me is incorrect; and (7) I understand that Rockstar Axe Throwing, LLC is relying upon the representations made herein in making its determination to allow my minor child/children to participate in the Activities.

Click to Sign
Signature