J and J Enterprises LLC, DBA Hat City Axes

Assumption of risk-Waivers of Liability lndemnification

Agreement Notice to Participants and Parent/Guardian of Minor participants

Risk

Hat City Axes, (hereafter referred to as HCA) is a recreational business which provides patrons with an opportunity for wholesome recreation and competition through the sport of axe throwing (which actually involves a hatchet The benefits of HCA axe throwing are fun, relaxation, socialization, and competition. However, HCA feels that it is important that Adult Participants,Minor Participants, and the Parents/Guardians of Minor Participants (hereafter referred to as Participant/Parent) understand that there are some inherent risks associated with the recreational activity of axe throwing. As do all physical activities, axe throwing has some inherent risks that cannot be eliminated without materially changing the nature of the activity. Several types of inherent risks are listed here. Terrain Hazards include, but are not limited to, the throwing surface which can involve footing that may be slippery, wet, irregular, or uneven. Hatchet Risks include, but are not limited to, use of an unfamiliar item, unfamiliarity with the balance or weight of the hatchet, dropping the hatchet on your foot, striking and/ or cutting one's leg, body, head or other body part with the hatchet, and injuring a muscle or joint when throwing. Partner/Opponent Risks include, but are not limited too, being injured by actions of the other thrower by horseplay, loss of control of the hatchet, or an

errant throw. Equipment Failure includes, but is not limited to, the hatchet head coming off the handle, the handle splintering, the safety fence falling or lighting falling (due to sudden strong wind or other reason), or the target falling. Spectator Risks (while awaiting a partner's throw or when observing from the spectator area) include, but are not limited to, erratic actions by the thrower, sudden actions by a spectator, or errant throws of the hatchet. Weather-related Risks include, but are not limited to, sudden changes in weather(high winds, lightning, etc or extreme temperatures (hot or cold Alcohol-Related Risks include, but are not limited to, erratic, unruly, or dangerous actions by intoxicated spectators or would-be participants. Finally, Human Error Inherent Risks include, but are not limited to, failure of a participant to follow instructions or a violation of HCA safety rules by participants. These also include judgment errors by HCA staff such as, but are not limited to, inadvertent inattentiveness; temporary distraction; insufficient instruction; failure to adequately warn, and failure to recognize that a participant presents a danger to self or others. HCA feels that it is important that the Participant/Parent understand that three types of injuries can occur. Minor injuries are the most common and include, but are not limited to, muscle soreness, sprains, abrasions, blisters, and bruises. Serious injuries are less common but can occur occasionally. They include, but are not limited to, cuts, concussion, broken bones; and joint injuries Catastrophic injuries are rare; but HCA feels that every Participant/Paren should be aware of this possibility. These infrequent injuries include, but are not limited to, heart attack, stroke, permanent disability, paralysis, blindness, and death.

 

1. Assumption of Inherent Risk and

2. Risks: I understand that inherent risks cannot be eliminated regardless of the care taken by HCA. I know, understand, and appreciate the inherent risks and the types of injuries possible in HCA activities. I assert that my participation (or that of my minor) is voluntary and the Participant/Parent assumes all inherent risks of the activity. Waiver of Liability for Ordinary Negligence of HCA: In consideration of permission to participate in HCA activities, today and on all future dates, I, the Participant/ Parent, on behalf of myself, my spouse, heirs, executors, administrator S, personal or legal representatives, and assigns(hereafter referred to as the Releasing Parties) do hereby waive, release, covenant not to sue and discharge J and J enterprises LLC, its owners, management, employees, volunteers, associated organizational partners, equipment suppliers, and owners of property where event is held(hereafter referred to as the Protected Parties) from liability from any and all claims including those arising from 1) the ordinary NEGLIGENCE of HCA or other protected parties and/o arising from 2) the presence of myself and/or MINOR PARTICIPANT on the premises of the HCA event. I accept responsibility for any and all actions that deliberately contradict written or verbal instructions including, but not limited to, horseplay of any kind. This Assumption of Risk, Waiver, and Indemnity Agreement, applies to, but is not limited to, any of the following: Illnesses, personal injury (including death), and/or economic loss to the Participant/Parent arising from participation in or watching the HCA axe throwing event, 3. any and all claims resulting from the damage to, loss of, or theft of property, the release of HCA from any claims and rights that Participant/Parent may have against HCA.

 

Hold Harmless Indemnification I, the Participant/Parent, also agree to hold harmless, defend, and indemnify HCA and other protected parties (that is, defend and pay any judgment and costs, including investigation costs, attorney's fees, and related expenses) from any and all claims of Releasing Parties or others acting on behalf of Participant/Parent, arising from participation in HCA Activities or presence on the event premises, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties I further agree to hold harmless, defend, and indemnify HCA and Protected Parties against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant while on the premises utilized for HCA Activities.

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Clarifying Clauses I, the Participant/Parent confirm that: 1) I understand that this is the entire agreement between HCA and me and that it cannot be modified or changed in any way by representations or statements by any agent or employee of HCA. 2) The foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Connecticut and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. 3) If legal action is brought, the state trial court for Fairfield County, Connecticut has the sole and exclusive jurisdiction and that only the substantive laws of the State of Connecticut shall apply. Waiver of Jury Trial-This is a waiver of my constitutional right to a trial by jury for any and all causes of action arising from the HCA axe throwing event or from my presence on the event premises. I, the PARTICIPANT/PARENT, knowingly and voluntarily agree that any such dispute will be resolved by a bench trial (i.e., trial by judge

 

Health Acknowledgements Relating to HCA Axe Throwing:

 Health Status–I, the PARTICIPANT/PARENT, assert that:•

● Participant possesses sufficient health, physical fitness, and coordination to enable safe participation in HCA Axe Throwing.•

● Participant assumes the risks of all medical conditions (e.g., asthma, diabetes, anaphylaxis, heart disease, high blood pressure, or other).•

● Participant will cease activity if there is discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains, or other).

I Authorize HCA to administer emergency first aid if deemed

I Authorize HCA to secure emergency medical care or

transportation (i.e., EMS) if deemed necessary.

Participant assumes all costs of emergency medical care and

Confirm that I understand HCA safety rules and agree to

abide by all safety rules. Agree to attempt only activities that I feel capable of performing safely.

Assert that I am not intoxicated, or under the influence of

any medications or mind altering substances that could impair

my judgement. Agrees to inform HCA immediately if participant sees

conduct or a facility condition that endangers participants. Understands that HCA can terminate participation in cases of

rules violation or the endangerment of participant or others.

I, the PARTICIPANT/PARENT, agree that HCA can use my photo

or video images, or those I am supervising, for commercial and

promotional purposes. The participant grants license for use

without expectation of compensation, or limits to usage. (e.g.,

advertising, website, social media

Emergency Contact/Adult Participation

I, the Adult PARTICIPANT, have read this Agreement and

understand that I am giving up substantial rights, including my right to sue for damages in the event of death, injury, or loss. I

acknowledge that I am voluntarily signing this agreement and intend my signature to be a complete release of all liability, including that due to the INHERENT RISKS of HCA Activities or

the ORDINARY NEGLIGENCE of the Protected Parties, to the

greatest extent allowed by laws of the State of Connecticut.