WARRANTY AND CONSENT ASSUMPTION OF RISK RELEASE AND WAIVER OF LIABILITY INDEMNITY AGREEMENT TO: BLUE WATER TACTICS LLC, D/B/A BATTLE WORKS AND BATTLE AXE.
IN CONSIDERATION of allowing me to participate in the program, related events and activities provided by Blue Water Tactics LLC, d/b/a Battle works and Battle Axe Throwing Inc., Blue Water Tactics LLC, d/b/a Battle Works and Battle Axe and/or (the “ACTIVITIES”)
I WARRANT TO YOU THAT:
I am familiar with the risk of serious injury and death which any participant in the ACTIVITIES must assume, and
I am physically, emotionally and mentally able to participate in the ACTIVITIES, and that my equipment is mechanically fit for my use in the ACTIVITIES, and
I understand that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with me, and
I will immediately remove myself from participation, and notify the nearest official, if at any time I sense or observe any unusual hazardous or unsafe condition or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation in the ACTIVITIES.
I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin, that my participation in the ACTIVITIES and execution of this document constitutes:
an unqualified ASSUMPTION OF ALL RISKS associated with the use of or defects in any equipment, the use of or any defects in the premises, the conduct of myself or other persons, and/or the participation in the ACTIVITIES by me even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the ACTIVITIES organizer and any persons associated therewith or participating therein.
a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the above named parties, any program organizer and all persons and organizations associated with them and the ACTIVITIES, including without limiting the generality of the foregoing, their respective owners, officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and/ or lessors of the premises used to conduct the ACTIVITIES, sanctioning bodies, medical or rescue personnel (collectively referred to as the “RELEASEES”), with the respect to any and all injury, disability, death or loss or damage to person or property whether arising from the negligence, gross negligence, or negligent rescue of or by the foregoing or otherwise, arising from or related to the use of or defects in any equipment, the use of or any defects in the premises, the conduct of myself or other persons, and/or the participation in the ACTIVITIES by me.
an UNDERSTANDING NOT TO SUE the RELEASEES for any loss, injury, costs or damages of any form or type, whether to person or property, howsoever caused or arising, and whether directly or indirectly from the use of or defects in any equipment, the use of or any defects in the premises, the conduct of myself or other persons, and/or the participation in the ACTIVITIES by me.
an AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the RELEASEES or otherwise.
In the event that Blue Water Tactics LLC, d/b/a Battle Works and Battle Axe, takes photographs or videos, I hereby assign full copyright of these photographs and videos to Blue Water Tactics LLC, d/b/a Battle Works and Battle Axe, (and the related representatives and assigns) together with the right of reproduction either wholly or in part. Furthermore, I grant Blue Water Tactics LLC, d/b/a Battle Works and Battle Axe, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for editorial trade, product or service advertising and such other fashion /business purpose in any manner and medium, including advertising with any retouching or alteration without restriction or compensation.
I must wear closed-toed shoes in order to participate in axe throwing activities. By wearing footwear that exposes your toes, I am at further risk of injury including, but not limited to, axes falling on my feet and/or hitting my feet causing minor to severe injury. If I decide to wear open-toed shoes despite being instructed not to do so either on this waiver and/or by an on-site employee, I assume all liability and risk by doing so.
I HAVE READ THIS DOCUMENT THOROUGHLY.
I UNDERSTAND THAT THE RELEASEES ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WAIVER AND RELEASE, UNDERTAKINGS AND AGREEMENTS WHEN ACCEPTING MY PARTICIPATION IN THE ACTIVITIES.
I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I GIVE UP SUBSTANTIAL LEGAL RIGHTS I WOULD OTHERWISE HAVE.
I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.