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RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESSED ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESSED ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Hi there, please fill out and submit this waiver to participate.
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    This Release of Liability, Waiver of Claims, Expressed Assumption of Risk and Indemnity

    Agreement (“Agreement”) is made by    *     *    ,

    whose address is     (“Participant”) for the benefit of GGZ Food & Fun, LLC, an Oklahoma Limited Liability Company (the “Owner”).

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    WHEREAS, Participant voluntarily seeks to engage in the sport of axe throwing at Owner’s facility, and Participant recognizes that participation in such sport carries certain inherent risks which may result in damage to real or personal property, and injury, dismemberment and death to oneself or others; and,

    WHEREAS, Participant assumes all risks associated with participation in the sport of axe throwing, and agrees to indemnify and hold Owner harmless for any and all damages and/or injuries incurred or sustained, directly or indirectly, caused by Participant witnessing and/or engaging in axe throwing at Owner’s facility, including but not limited to damage to real or personal property, and injury, dismemberment or death to oneself or others.

    NOW THEREFORE, in consideration of Owner allowing Participant to engage in the sport of axe throwing at Owner’s Facility and other valuable consideration of which Participant acknowledges receipt, Participant hereby promises and agrees to the following Agreements, to wit:

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    AGREEMENTS

    1. Dangerous Activities. Participant agrees and understands that axe throwing is a dangerous activity and participation in such activity carries certain risks, including, by way of example and not limitation, risks that arise from negligence or carelessness on the part of other persons at Owner’s facility, from dangerous or defective equipment or property owned, maintained, or controlled by Owner, or other risks that may injure or cause the death of Participant. Participant assumes all these risks as Participant’s sole and exclusive responsibility. Further, Participant acknowledges and agrees (by initialing each line below) that: 

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    Participant is voluntarily engaging in activities that involve axes, which may result in the risk of serious injury, scarring, loss of an important bodily functions, dismemberment, loss of limb, disfigurement, permanent disability, or death, and may cause severe social or economic losses due to not only to Participant’s actions, inaction or negligence, but also to the action, inaction or negligence of others, or conditions of the premises or of any equipment used, and that there may be other risks not known to Participant or not reasonably foreseeable at this time, and Participant assumes all risks.


    INITIALS:       

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    Participant is physically, emotionally and mentally able to participate in axe throwing, and will immediately disengage from participation, and notify the nearest staff member if at any time Participant senses or observes any unusual hazard or unsafe condition, or if Participant experiences any deterioration in Participant’s physical, emotional or mental fitness.


    INITIALS:       

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    Participant assumes all the foregoing risks and accepts sole and personal responsibility for the injuries and/or damages following any such injury, permanent disability, dismemberment, loss of limb, loss of bodily functions, scarring, disfigurement or death.


    INITIALS:       

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    Participant agrees to exercise prudent caution and reasonable care at all times and will not be impaired by the use of drugs and/or alcohol on Owner’s premises, and Owner is not and shall not be responsible or liable for any accident, injury, death, theft, loss, or damage caused by Participant’s impaired judgment or negligence, or the impaired judgment or negligence of others on Owner’s premises.


    INITIALS:       

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    2. Waiver and Release. Participant hereby irrevocably and unconditionally waives and releases Owner, and Owner’s respective successors, assigns, agents, employees, representatives, officers, directors, members, managers, shareholders, heirs, devisees, legatees, personal representatives, executors, administrators, and trustees, or otherwise, from any and all actual, possible, or prospective actions, suits, judgments, claims, causes of action, demands, losses, damages, injuries, or deaths (“Claims”), including interest, costs, and attorney fees, resulting from Participant’s use of, or any activities conducted at, Owner’s facility, whether by Participant or any other person or entity.

    3. No Lawsuits. Participant agrees that Participant shall never file or cause to be filed, directly or indirectly, any lawsuit, cause of action, administrative claim, civil proceeding or any type of action, proceeding or lawsuit of any nature or description against Owner by reason of any matter related and/or released herein; and Participant hereby indemnifies and holds Owner harmless from liability on any such Claims or actions.

    4. Indemnity. In consideration of Owner permitting Participant to participate in axe
    throwing activities, and Participant having full knowledge and understanding of the inherent risks of the possibility of injuries and/or damages, such as physical injuries, permanent disability, dismemberment, loss of limb, loss of bodily functions, scarring, disfigurement, death, or otherwise, (collectively “Injuries”), Participant hereby irrevocably and unconditionally agrees to forever indemnify and hold Owner harmless from any and all Injuries ever sustained by Participant, which result in the assertion of Claims against Owner that, except for this agreement to indemnify and hold Owner harmless, Participant and/or Participant’s surviving heirs and representatives have or could ever have by reason of Participant engaging in and/or witnessing axe throwing activities on Owner’s property.

    5. Reliance. Participant acknowledges and agrees that Owner places full and complete
    reliance on Participant’s acknowledgments and agreements set forth in this Agreement, and further acknowledges and agrees that Owner would not have permitted Participant to participate in any axe throwing activities if Participant had not agreed to forever waive Participant’s rights to assert any type of future Claims against Owner, all as set forth in this Agreement.

    6. Binding Effect. Participant agrees this Agreement shall be binding upon Participant’s
    respective assigns, heirs, devisees, legatees, executors, personal representatives, trustees, successors, and administrators, and shall inure to the benefit of Owner, and Owner’s respective successors, assigns, agents, employees, representatives, officers, directors, shareholders, heirs, devisees, legatees, personal representatives, executors, administrators, and trustees, as applicable.

    INITIALS:   

      

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    7. Assumption of Risk. Participant hereby expressly assumes the risk of taking part in
    activities relating to axe throwing at Owner’s facility which include, but are not limited to, death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to Participant directly or indirectly related to Participant’s engaging in axe throwing at Owner’s facility.

    8. Severability. The undersigned expressly agrees that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Oklahoma and that if any portion thereof is held invalid, it is agreed that the remainder of this Agreement, shall, notwithstanding, continue in full legal force and effect.

    PARTICIPANT'S INITIALS:   


    GUARDIAN'S INITIALS:       

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