(the “Releasor”, “I” or “me”), desire to participate in the Activity on the date as set out below, which has been organized by Tomahawk.
In consideration for being allowed to participate in the Activity on the date as set out below and for other good and valuable consideration, the receipt and sufficiency of which consideration is hereby expressly accepted and acknowledged, on behalf of myself, my representatives, heirs, agents, administrators, trustees, executors, assigns, successors and on behalf of any party or parties who now or hereafter claim a right or interest by, through or under me (all of the persons and legal entities listed in this sentence prior to this parenthesis are hereinafter collectively referred to as the "Releasor Group"), I HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, ACQUIT, WAIVE AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION all of the Released Group from any and all claims I may now and/or in the future may have against any of the Released Group and from any and all damages, liability and responsibility for my death, permanent or temporary paralysis, injuries to my neck, spine and back, dislocation of my joints, sprained muscles, joints and tendons, blindness, loss of limbs or other body parts, disability, illness or disease, physical or mental damage or injury, or any other injury, as well as damage to my phone, watch, jewelry, equipment, clothes and other personal property, any medical expenses and costs, loss of employment, loss of intimacy, loss of relationships, loss of any kind whatsoever, in each case, as a result of my participation in the Activity due to any cause by me, Tomahawk, any other member of the Released Group, or any other person or legal entity whatsoever, including but not limited to and without limitation, negligence, gross negligence, willful misconduct, human error, human mistakes, improper or insufficient training, improper or insufficient oversight, failure to supervise, negligent supervision, battery, assault, and any strict liability, including without limitation, the failure to take reasonable steps to safeguard or protect me from the risk, dangers, and/or hazards of participating in the Activity, and/or breach of any legal duty, statutory duty or other duty, including, without limitation, any duties arising from statute, at law, or in equity or otherwise.
Some of these risks in participating in the Activity include, without limitation, latent or apparent defects or adverse or dangerous conditions in the axe throwing mobile range, the axes, the grips of the axes, the blades of the axes, the sound system, the noisy environment, the poor lighting, the temperature, the distractions from other patrons and observers during the Activity, and defects in any of the other equipment and/or property and passive or active negligent acts of myself, the property owner or lessee, fellow patrons, observers or any member of the Released Group. I understand that the above list of risks is not complete or exhaustive and that those and other risks, whether known or unknown, anticipated or unanticipated may also result in injury, death, illness, disease to myself/my property/other participants in and observers of the Activity/other third parties.
I irrevocably, unconditionally and voluntarily agree and promise to accept and assume any and all risks, responsibilities, injuries, death, illness, diseases, losses and/or damages to myself and/or my property arising from my participation in this Activity. I further understand that the county, city or town and property owner (and lessee, if applicable) of the real property in which the Activity occurs has not, does not, and shall not, assume any risk or liability for loss, damage, or any kind of injury sustained by myself or my property while using and/or participating in the outdoor axe throwing mobile range operated by Tomahawk.
THE RELEASOR HEREBY IRREVOCABLY AND UNCONDITIONALLY ASSUMES THE RISK FOR MY DEATH, PERSONAL INJURY, PHYSICAL INJURY, MENTAL INJURY, AND OTHER INJURY OR DAMAGE TO ME OR TO MY PROPERTY AS A RESULT OF MY PARTICIPATION IN THE ACTIVITY.
THE RELEASOR ACKNOWLEDGES AND ACCEPTS
that the Activity is inherently risky and dangerous, and there is the real possibility of my personal injury, death, property damage and/or loss resulting therefrom.
THE RELEASOR AGREES AND UNDERSTANDS
that in order to participate in the Activity on the date set out below, he/she must irrevocably and unconditionally agree to be legally bound by the terms of this Release of Liability, Waiver of Liability and Assumption of Risk Agreement (the “Agreement”).
THE RELEASOR AGREES
that he/she will be fully responsible for all costs and expenses that may be incurred in providing any special services to him/her, outside of regular services agreed to or provided by Tomahawk in connection with the Activity, and without limiting the generality of the foregoing, agrees to be responsible for, and to pay for any and all costs relating to special travel, medical attention, emergency room medical services, ambulance transportation, paramedic health care, or other special outlay for him/her personally, and to reimburse Tomahawk for all costs and expenses of these transportation and/or medical services as may be incurred by Tomahawk or any of the Released Group for his/her benefit or at his/her request.
THE RELEASOR HEREBY
confirms that by executing this Agreement, he/she is representing and warranting to Tomahawk that he/she is of the full age of majority and that he/she has read, and understands, this Agreement and that this Agreement is being executed by me without duress or pressure. The Releasor acknowledges that he/she is not under the influence of any substances, including alcohol, illicit drugs, illegal drugs, or prescription drugs, which may affect or impair his/her motor skills, judgment, or general ability to think clearly and to make an informed decision to provide informed consent. IT IS AGREED AND UNDERSTOOD that the Releasor will not make any claim or take any proceedings against any other person or legal entity who might claim, in any manner or forum, contribution or indemnity in common law or in equity or by statute or otherwise.
IT IS AGREED AND UNDERSTOOD
that if the Releasor commences such an action, or takes such proceedings, and any member of the Released Group is added to such proceeding in any manner whatsoever, whether justified in law or not, the Releasor will immediately discontinue the proceedings and/or claims, and the Releasor will be jointly and severally liable to the Released Group for all of the legal costs incurred by the Released Group in any such proceeding, on a substantial indemnity basis. This Agreement shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future by the Releasor with respect to the matters covered by this Agreement. This Agreement may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defense and reply, and may be relied upon in any proceeding to completely dismiss the claim, action, complaint or proceeding on a summary basis with prejudice and no objection will be raised by the Releasor in any subsequent action that the other parties in the subsequent action were not privy to the formation of this Release.
THE RELEASOR ACKNOWLEDGES
that this Agreement contains the entire agreement between the parties hereto, that each and every term of this Agreement is contractual, is not a mere recitals, is legally binding and enforceable in accordance with its terms, and any breach of any of these terms shall be enforceable against the Releasor, and shall give rise to a damage and injunction claim against the Releasor enforceable in accordance with the terms hereof by a further legal proceeding. The Releasor further acknowledges that no member of the Released Group has made any oral, written or visual representations or statements with respect to the subject matter of this Agreement that are not otherwise reflected in this Agreement. The Releasor hereby agrees, to the maximum extent not prohibited by law, any right he/she may have to claim or recover in any legal action or proceeding, any special, exemplary, punitive or consequential damages. Each member of the Released Group is and shall be a third party beneficiary of this Agreement.
THE RELEASOR HEREBY AGREES
that this Agreement will be governed by the Laws of the State of Florida (without respect to conflict of laws rules) and the exclusive venue for any and all disputes arising from this Agreement and/or from my participation in the Activity will be adjudicated by the court of jurisdiction located in Miami-Dade County, Florida and the Releasor hereby irrevocably submits and attorns to the exclusive jurisdiction of this Court for this purposes.
THE RELEASOR HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR MY PARTICIPATION IN THE ACTIVITY AND FOR ANY COUNTERCLAIM THEREIN.
PHOTOGRAPHS, VIDEOS AND RECORDINGS.
I hereby grant to Tomahawk, its managers, owners, officers, employees, and agents, my irrevocable permission, consent and approval to capture my image and likeness in photographs, videotapes, recordings, or any other media (collectively "images"). I acknowledge and agree that Tomahawk will own such images and further grant to Tomahawk my permission, consent and approval to copyright, display, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to said 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 image prior to its use.