I, the undersigned, on behalf of myself, my legal representatives, heirs and assigns (the “Waiving
Party”), enter into this full Liability Waiver & BYOB Release, (this "Waiver"), for the benefit of Tomahawk
Studios, LLC and each their owners, agents, employees, independent contractors, affiliates, successors and
assigns, (together the ‘Released Parties”), to fully release and hold harmless the Released Parties from any
liability for injuries sustained by result of the Waiving Party’s participation in any promotional or sponsored
activity in which the Released Parties may engage, including without limitation the following, educational,
recreational, sport, or amusement activities, (the “Events”), where certain risks may exist, including without
limitation, risk of injury from transportation to and from any facility owned by the released Parties to or
from the Events, or any event, activity or promotion undertaken during or at the Events, whether sponsored
in whole or part by the Released Parties.
This Waiver expressly applies to the following promotional event: Axe Throwing, Darts, Archery
and Ninja Star Throwing.
I understand that the Events and activities described herein all inherently involve risks and potential
dangers, and recognize the Events and activities described above, including without limitation, may result
in accident, loss, damage, or physical injury ranging from hurt feelings, destruction of personal property,
cuts, scrapes, bruises, burns, sprains, strains, pulls and/or broken bones to brain damage, paralysis or death.
I am not relying on the Released Parties to provide a list of all the possible risks and dangers that could
potentially affect me.
As consideration for the released parties to allow me to engage in any or all of the events or
activities described herein, now or in the future, I intentionally and knowingly and expressly waive and
release any and all claims, injuries, damages, and rights that that I may have, now or in the future, against
the Released Parties relating to my participation in the activities, including but not limited to claims,
injuries, damages and rights resulting from the negligence or gross negligence of the Released Parties or
any personal injuries sustained by any waiving party. I agree not to sue the Released Parties based on any
such claims, injuries, damages and rights.
I agree to defend, indemnify, and hold harmless the Released Parties for any and all claims,
damages, costs, or expenses arising from my participation in the Events or activities described herein. This
indemnification shall include reimbursement of the Released Party’s attorney’s fees.
Participant acknowledges that Tomahawk Studios, LLC has not and will not issue on premises
alcohol; and, therefore any alcohol on the premises is BYOB.
Participant acknowledges and agrees that Participant will not serve alcohol to anyone who is a
minor, who is under the influence of alcohol prior to arriving to the premises, and who is disorderly, who
is addicted to the excessive use of liquor, or who will consume in any vehicle on the premises.
Participant acknowledges that consuming alcohol is highly addictive, and may impair cognition,
judgment, vision, motor skills, the ability to speak and will enhance aggression, agitation, and promote
compulsive behavior.
Participant acknowledges that consuming excessive alcohol may lead to various health issues,
including, but not limited to, nausea, vomiting, drowsiness, diarrhea, upset stomach, headaches, and
breathing difficulties.
Participant acknowledges and agrees that Tomahawk Studios, LLC shall not be held liable for any
FULL RELEASE 2
property damage, charges, injuries, or deaths that may occur due to Participant’s consumption or
provision of alcohol while on the premises. Therefore, I, Participant, for myself and on behalf of my
heirs, executors, successors, personal representatives, administrators, and assigns, do hereby agree to:
(A) WAIVE, RELEASE, AND DISCHARGE TOMAHAWK STUDIOS, LLC, ITS OFFICERS,
MANAGERS, MEMBERS, PROMOTERS, OWNERS, EMPLOYEES, VOLUNTEERS,
CONTRACTORS, AFFILIATES, LANDLORD, AND BUSINESS PARTNERS (THE
“RELEASED PARTIES”) FROM ANY AND ALL LIABILITY, INCLUDING BUT NOT
LIMITED TO, LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF THE
RELEASED PARTIES, IF ANY, FOR MY DEATH, DISABILITY, PERSONAL INJURY,
PROPERTY DAMAGE, PROPERTY THEFT, OR ACTIONS OF ANY KIND WHICH MAY
HEREAFTER OCCUR TO ME INCLUDING MY TRAVELING TO AND FROM THE
EVENT;
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE THE RELEASED
PARTIES FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF
PARTICIPATION IN THE EVENT, OR MY CONSUMPTION OF ALCOHOL AT THE
EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR
OTHERWISE.
Participant acknowledges and agrees that Tomahawk Studios, LLC and their managers, members,
officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or
failures to act of any party or entity conducting a specific activity on their behalf.
Participant hereby consents to receive medical treatment which may be deemed advisable in the
event of injury, accident, and/or illness during the Event.
This BYOB Release and the Participant Release and Waiver Agreement shall be construed
broadly to provide a release and waiver to the maximum extent permissible under applicable law.
If any provision is held to be invalid, illegal or unenforceable under any applicable law or rule in
any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision or any
other jurisdiction, and such provision will be reformed and enforced to the maximum extent permitted by
law.
This Waiver is the complete agreement related to the subject matter hereof and supersedes any prior
understandings, agreements or representations, written or oral, which may have related to the subject matter
hereof. This Waiver may not be waived, amended, or terminated except by obtaining the prior written
consent of the Released Parties and myself. This Waiver shall be governed by the laws of the State of Texas
without giving effect to any choice of law or conflict of law provision.
I represent, and state as follows:
“I AM AT LEAST 18 YEARS OLD AND AM OF SOUND MIND AND BODY. I
UNDERSTAND I AM GIVING UP IMPORTANT LEGAL RIGHTS, AND IT IS MY INTENTION TO
DO SO FREELY AND VOLUNTARILY,WITHOUT COERCION OR DURESS OF ANY TYPE; I
UNDERSTAND I MAY SEEK ADVICE OF INDEPENDENT LEGAL COUNSEL AT MY EXPENSE
BEFORE SIGNING THIS WAIVER; I UNDERSTAND THAT EVEN THOUGH I AM SIGNING THIS
WAIVER TODAY, I AM GIVING UP ANY AND ALL RIGHTS TO SUE TODAY AND AT ALL
TIMES IN THE FUTURE I MAY HAVE TO SUE TODAY AND AT ALL TIMES IN THE FUTURE; I
HAVE READ THIS ENTIRE WAIVER, AND I FULLY UNDERSTAND IT; AND THE
INFORMATION I HAVE PROVIDED IN THIS WAIVER IS TRUE AND ACCURATE.”