*For reference only. Waivers will be completed upon arrival at Battle Axes prior to reserved Pit time.*
WAIVER OR LIABILITY, ASSUMPTION OF RISK AND
BATTLE AXES, LLC
1170 MANCHESTER STREET, SUITE 160
LEXINGTON, KY 40508
IN CONSIDERATION OF MY VOLUNTARY PARTICIPATION IN THE SPORT OF HATCHET THROWING, I UNDERSTAND THAT I AM BEING ASKED TO CAREFULLY READ EACH OF THE FOLLOWING PARAGRAPHS AND THAT IN CONSIDERATION OF GAINING ACCESS TO AND ENGAGING THE SERVICES OF BATTLE AXES, LLC, 1170 MANCHESTER STREET, SUITE 160, LEXINGTON, KY 40508, THEIR AGENTS, OWNERS, OFFICERS, DIRECTORS, INVESTORS, REPRESENTATIVES, ASSIGNS, AFFILIATES, VOLUNTEERS, PARTICIPANTS, EMPLOYEES, INSURERS, AND ALL OTHER PERSONS OR ENTITIES ACTING IN ANY CAPACITY ON THEIR BEHALF, (herein collectively referred to as “Battle Axes, LLC”), I ON BEHALF OF MYSELF, MY SPOUSE, MY CHILDREN, MY PARENTS, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, ESTATE AND INSURERS, AGREE TO THE FOLLOWING:
Assumption of Risks:
I understand that the sport of hatchet throwing, by its very nature, includes certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary, but range from: 1) minor injuries such as scratches, bruises and cuts, to 2) major injuries such as eye injury or loss of sight, joint or bodily injuries, to 3) catastrophic injuries including paralysis and death, to myself, my child(ren), or to third parties. I understand and appreciate the risks that are inherent in the above-listed activity. I hereby assert that my and/or my child(ren)’s participation is voluntary and I elect, or allow my children, to participate in spite of the risks. I further understand that I am ultimately responsible for my own safety, that I knowingly assume all such risks and expressly agree and promise to accept and assume all of the risks existing in this activity.
If I am injured, I acknowledge that I or my child(ren) may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense.
I understand and agree that Battle Axes, LLC will not pay for any cost or expenses incurred by me if I and/or my child(ren) are injured unless such injury was caused by greater than ordinary negligence of Battle Axes, LLC.
Hold Harmless, Indemnity and Release:
In consideration of Battle Axes, LLC allowing me and/or my child(ren) to participate in the sport of hatchet throwing, I agree, for myself, my heirs, personal representatives or assigns, to defend, hold harmless, indemnify and release, Battle Axes, LLC, its officers, trustees, agents and employees from and against any and all liability, damages, lawsuits, claims, demands, actions, or causes of action of whatever kind or nature, arising out of all known and unknown, foreseen and unforeseen, damage to personal property, or personal injury, or death which may result from my or my child(ren)’s participation in the above-listed activity. This release includes claims based on the negligence of Battle Axes, LLC and its officers, employees, agents, and volunteers, but expressly does not include claims based on their intentional misconduct or gross negligence. I understand that by agreeing to this clause I am releasing claims and giving up substantial rights, including my right to sue.
I also agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of Kentucky and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment and Understanding:
I hereby acknowledge that I have read this waiver of liability, assumption of risk and indemnity agreement and fully understand its terms. I certify that I am 18 years of age or older and suffer from no known legal disabilities. I acknowledge that I am signing this agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
I hereby freely and irrevocably grant to Battle Axes, LLC and its authorized employees and agents, the right, without reservation or limitation, to photograph, videotape and/or record me and my child(ren) and to use my or my child(ren)’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials. I also grant Battle Axes, LLC the same right and permission to use written or verbal statements or testimonials made by me or my child(ren). It is understood that no compensation has been paid and that no fee or compensation shall be due to me or my child(ren) for my giving permission for use of my or my child(ren)’s photographic image, likeness, name or voice.
By signing this document, I acknowledge that I may be found by a court of law to have waived my right to maintain a lawsuit against Battle Axes, LLC on the basis of any claim from which I have released them herein. I have read this agreement in its entirety and voluntarily agree to be bound by its terms.
I further certify that I am the parent or legal guardian of the child(ren) listed on this agreement or I have been granted the power of attorney to sign this agreement on behalf of the parent or legal guardian of the child(ren) listed (if applicable).