AXE THROWING PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
1. ACTIVITY DESCRIPTION
Axe throwing is an activity that involves throwing axes at wooden targets. Participants will be provided with instruction and safety guidelines before participating.
2. ASSUMPTION OF RISK
I acknowledge that axe throwing involves inherent risks, dangers, and hazards, including but not limited to: physical injury from thrown axes, injury from axes thrown by other participants, slipping or falling, and other unforeseen hazards. I voluntarily assume all risks associated with participation in axe throwing activities at The NEST, whether or not described herein.
3. RELEASE OF LIABILITY
In consideration of being permitted to participate in axe throwing activities at The NEST (located in Albion, Nebraska), I, on behalf of myself, my heirs, assigns, executors, and personal representatives, hereby release, waive, discharge, and covenant not to sue The NEST, its owners, operators, employees, agents, volunteers, and representatives (collectively "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me while participating in axe throwing activities, or while on the premises of The NEST.
4. INDEMNIFICATION
I agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or costs, including court costs and attorneys' fees, that they may incur due to my participation in axe throwing activities, whether caused by the negligence of the Released Parties or otherwise.
5. RULES AND SAFETY
I agree to follow all safety rules and instructions provided by The NEST staff. I understand that failure to follow safety rules may result in immediate removal from the premises without refund. I agree not to participate while under the influence of alcohol or drugs.
6. MEDICAL CONDITIONS
I certify that I am in good physical health and have no medical conditions that would prevent me from safely participating in axe throwing activities. I understand that The NEST staff are not medical professionals and cannot evaluate my fitness to participate.
7. MINOR PARTICIPANTS
If I am signing on behalf of one or more minors, I represent that I am the parent or legal guardian of each minor participant, and I consent to their participation in axe throwing activities. I agree that this release applies to each minor participant as well.
8. GOVERNING LAW
This agreement shall be governed by the laws of the State of Nebraska. Any disputes arising from this agreement shall be resolved in the courts of Boone County, Nebraska.
9. SEVERABILITY
If any provision of this agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
10. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations.
By signing below, I acknowledge that I have read this agreement, understand its contents, and agree to be bound by its terms. I understand this waiver is valid for one (1) year from the date of signing.
