Throw Nation Columbus, LLC. RELEASE OF LIABILITY, WAIVER AND ASSUMPTION RISK
ATTENTION: BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS – PLEASE READ THE INFORMATION BELOW CAREFULLY
Throw Nation Columbus, LLC, for themselves, their present and former parent, subsidiaries, affiliates and related companies and each of their respective present and former directors, officers, shareholders, employees, volunteers,
servants, agents, administrators, trustees, successors and assigns and any party or parties who claim a right or interest through them (hereinafter, the “Releasees”);
Recreational Axe-Throwing (the “Activity”) This Participation Agreement and Waiver and Release of Liability is entered into between the undersigned “Participant” and Throw Nation Columbus, LLC, its directors, owners, employees, volunteers, and facilities and the owners and lessors thereof, hereinafter referred to as Throw Nation Columbus, LLC or collectively as “Releasees”). Participation in the activities of Throw Nation Columbus, LLC can be HAZARDOUS AND PRESENT A DANGER TO PARTICIPANT. If at any time the Participant believes conditions to be unsafe, he/she will immediately discontinue further participation in the Activities.
1. In consideration for participating in the Activity on the date as set out below, which consideration is hereby expressly accepted and acknowledged, myself as the Participant, I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION AND HOLD HARMLESS the Releasees from any and all claims I may now and/or in the future may have against the Releases, and from any and all liability, for any personal injury, death and/or property damage, expense, and/or loss sustained by the Participant, incurred on his/her account as a result of the Participant’s participation in the Activity due to any cause whatsoever, including but not limited to and without limitation, negligence, gross negligence, willful misconduct, including the failure to take reasonable steps to safeguard or protect the myself, risk, dangers, and/or hazards of participating in the Activity, and/or breach of statutory or other duty, including duties arising from occupier's liability legislation and further agrees that if, despite this release, the Participant or any other person makes a claim on the Participant’s behalf against any of the Releasees, THE UNDERSIGNED WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LIABILITY, LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM, WHETHER ASSERTED BY THE UNDERSIGNED, THE PARTICIPANT, OR ANOTHER PERSON.
2. THE PARTICIPANT ACKNOWLEDGES AND ACCEPTS that the Activity is inherently risky and dangerous, and exposes the Participant to the possibility of personal injury including but not limited to, getting hit with baseballs, fingers getting smashed with hammer, hammer dropping on toes, nails flying through the air, flying objects, getting hit with a football anywhere on your person and or persons, getting hit with a bowling pin, getting hit by an axe, getting hit by a frisbee, various tripping hazards, all the before mentioned is by no means meant to be all inclusive of said hazards one may incur, also include possible death, property damage and/or loss resulting therefrom. You may get hurt by plastic/china plate piece flying at you, baseballs, do dance moves or poses or compete in strenuous positions. You deciding to participate in such activities in 100% voluntary and you do so at your own risk. You may choose to eat or digest food or candy that may taste bad and you may vomit as a response. Potentially 1,000’s of people may be watching you. Risks may arise out of contact and/or participation with other participants, equipment and other mishaps. Risks may be caused by the Participant’s own actions, or inaction, the actions or inaction of other participants, the condition of the facilities in which the Activities take place, and/or THE NEGLIGENCE OF THE “RELEASEES.” Some Risks cannot be predicted or controlled. There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time.
3. IT IS AGREED AND UNDERSTOOD that if the Participant commences such an action, or takes such proceedings, and the Releasees are added to such proceeding in any manner whatsoever, whether justified in law or not, the Participant will immediately discontinue the proceedings and/or claims. This Release of Liability, Waiver, and Assumption of Risk 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 Participant with respect to the matters covered by this Release of Liability, Waiver, and Assumption of Risk. This Release of Liability, Waiver, and Assumption of Risk 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 dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised the Participant in any subsequent action that the other parties in the subsequent action were not privy to formation of this Release.
4. THE PARTICIPANT HEREBY AGREES that this Release of Liability, Waiver, and Assumption of Risk will be governed by applicable local Laws and that any dispute arising from this Release of Liability, Waiver, and Assumption of Risk will be adjudicated by the State of Ohio.
5. SEVERABILITY: If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this document had been executed with the invalid provision eliminated.
6. PHOTOGRAPHS, VIDEOS AND RECORDINGS: I release all photos taken of me at Throw Nation Columbus, LLC. I acknowledge that Throw Nation Columbus, LLC will own such “Images” and further grant Throw Nation Columbus, LLC permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to Throw Nation Columbus, LLC business, including without limitation, publications, advertisements, brochures, website images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the Image by Throw Nation Columbus, LLC prior to its use. I forever release and hold Throw Nation Columbus, LLC 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
7. EMAIL ADDRESS: By providing my e-mail address, I am opting into the e-mailing list. my e-mail address may be used to contact me but will not be made available to third parties.
8. LOST/ STOLEN ITEMS: We are not responsible for lost or stolen items.
9. COMMUNICABLE DISEASES: I acknowledge the contagious nature of COVID-19 and other viruses. I also voluntarily assume the risk that in the course of my session with Throw Nation, despite reasonable efforts to sanitize the space and personnel, I may become exposed or infected with COVID-19 or other virus/bacteria and that such exposure may result in injury, illness, or death.
I understand this session will occur in a space where personnel, including but not limited to maintenance and cleaning personnel, may occasionally be granted access. I also understand Throw Nation has no authority over other tenants in the building, their representatives, or agents in the building (including in hallways, bathrooms, stairwells, exterior locations etc.). I further understand that other Throw Nation clients may occupy this space at various points in time.
I understand that the risk of becoming exposed to or infected by COVID-19 or another virus/bacteria during my session may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Throw Nation personnel.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself including illness, injury, death, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my session.
On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Throw Nation, its employees, agents, contractors, and representatives, of and from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Throw Nation, its employees, agents, contractors, and representatives, whether a COVID-19 or another viral/bacterial infection occurs before, during, or after participation in any session.
I, THE UNDERSIGNED PARTICIPANT, HEREBY CERTIFY THAT I AM AT LEAST 18 YEARS OLD, THAT I HAVE COMPLETELY READ AND UNDERSTAND THIS AGREEMENT AND ITS TERMS.
I, THE UNDERSIGNED PARENT/ GUARDIAN HEREBY CERTIFY THAT I UNDERSTAND THE RISKS FOR ANY MINOR PARTICIPANTS AND THAT I HAVE COMPLETELY READ AND UNDERSTAND THIS AGREEMENT AND TERMS.
THAT PRIOR TO SIGNING THIS AGREEMENT, I THE OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS AGREEMENT.
I AM AWARE THAT BY SIGNING THIS AGREEMENT I ASSUME ALL RISKS.
I WAIVE AND RELEASE CERTAIN RIGHTS THAT I AND EACH OF MY HEIRS, NEXT OF KIN, FAMILY, RELATIVES, GUARDIANS, CONSERVATORS, EXECUTORS, ADMINISTRATORS, TRUSTEES AND ASSIGNS MAY HAVE AGAINST RELEASEES.
Throw Nation Columbus, LLC. 6649 Dublin Center Drive Dublin, Ohio 43017 (614) 389-0465
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY ("AGREEMENT")
1. IN CONSIDERATION of being permitted to participate in any way in any activity offered at Throw Nation, including but not limited to axe throwing, football bowling, stump, plate smash, balls in a China shop, and/or any other activities at Throw Nation ("Activity"), I, for myself for personal representatives, assigns, heirs, and next of kin:
2. ACKNOWLEDGE, agree, and represent that I understand the nature of Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
3. FULLY UNDERSTAND THAT: (a) ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inaction’s, the actions or inaction’s of others participating in the Activity,the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
Your permission to use photos or videos of you or your children or anyone whom you are signing for as guardian whether as participants, visitors or spectators is expressly granted.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.