Rockstar Axe Throwing, LLC
Release, Liability Waiver and Consent Agreement
FOR EXECUTION BY ADULTS
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THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS AFFECTING OUR LIABILITY TO YOU, AS WELL AS TERMS AND CONDITIONS OF YOUR PARTICIPATION IN THESE ACTIVITIES
PLEASE READ CAREFULLY BEFORE SIGNING
IN CONSIDERATION of you 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, inclusive of mobile or temporary facilities at other locations (“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, you acknowledge that you have freely consented to your participation in the Activities, and that you understand and agree, on your behalf, and your heirs, assigns, next of kin, personal representative and estate, as follows:
ASSUMPTION OF RISKS: I fully understand and appreciate 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 or the Activities. I acknowledge and understand that I will be voluntarily engaging in activities that involve the Activities, 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, emotional 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. I acknowledge and understand that wearing open-toed footwear for the Activities may result in additional risk of injuries. I acknowledge that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) collectively "COVID-19", and any other communicable or infectious diseases, exists in any public place where people are present. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time. I acknowledge and understand that the participation in the Activities are optional and are in no way mandatory and that by virtue of my consent and participation in the Activities, I have assumed all such risks, known or unknown.
RELEASE OF LIABILITY: I, on behalf of myself, my assignees, heirs, guardians, estate and legal representatives, agree 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 I may have in connection with my 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, and emotional distress), 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 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 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 relative to my 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 participation in the Activities, at my own expense.
PHYSICAL CONDITION/MEDICAL AUTHORIZATION: I hereby certify that I am sufficiently physically fit for participation in the Activities and have 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 I am covered by medical insurance.
EQUIPMENT AND FACILITIES INSPECTION: I agree that before I participate in any activity conducted in conjunction with the Activities, I will inspect the related facilities and equipment before my participation in the Activities. I will immediately advise a Rockstar Axes employee of any unsafe condition that I observe. I will refuse to participate in the Activities until all unsafe conditions observed by me have been remedied. I understand and acknowledged that my participation is voluntary, and I 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 acknowledge that Rockstar Axes has instituted its rules for the protection of the participant, other participants, equipment and premises. I agree to familiarize myself with those rules and follow them at all relevant times. I also recognize the authority of Rockstar Axes to halt my participation (and, if necessary, have me removed from the premises) at any time and remove me from the Premises if my participation, conduct, or presence is inappropriate or endangers myself 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 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 image and likeness in photographs, videos, recordings, or any other media (collectively “images”). I 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 further waive any right to inspect or approve the use of the images by Rockstar Axe Throwing, LLC prior to its use. I 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 me and publishing on any media source for advertising.
ALCOHOL CONSUMPTION: I understand that drinking alcohol is not a requirement of the Activities. If I 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 assume the risks associated with alcohol consumption and take full responsibility for my own actions, safety and welfare. I agree to exercise ordinary and reasonable care at all times and to not drink alcohol to the extent my judgment is impaired. If I do not consume alcohol during the Activities, I 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 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 that this Agreement supersedes any and all previous oral or written promises or agreements. I 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.
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.
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) the information set forth above pertaining is true and complete; (4) I consent and agree to all of the foregoing; (5) I consent to remain personally liable for all of the covenants and statements contained herein if any information provided by me is incorrect; and (6) I understand that Rockstar Axe Throwing, LLC is relying upon the representations made herein in making its determination to allow me to participate in the Activities.