ANGRY JACKS AXE THROWING CLUB
PARTICIPATION AGREEMENT
WAIVER RELEASE AND ASSUMPTION OF RISK

WARNING! PARTICIPATION IN THE ACTIVITY OF AXE THROWING, THE USE OF AXES AND AXE THROWING EQUIPMENT (“ACTIVITY”) ENTAILS KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL AND/OR EMOTIONAL INJURY, PARALYSIS, DISMEMBERMENT, DEATH OR OTHER DAMAGE TO YOURSELF AND/OR OTHERS.

As with all activities, there are inherent risks of injury at Angry Jacks Axe Throwing Club. Inherent risks are those risks that cannot be eliminated without changing the nature of the Activity. Some risks include, but are not limited to:

1. General facility risks: slips, falls, or trips due to uneven pavement or flooring, wet, icy, or slippery surfaces, or items left on the floor; falling target and/or construction components.
2. Human error risks: erratic or negligent actions; failure to follow instructions, inadvertent inattentiveness, incorrect throwing or playing techniques, errors in judgment, failure to adequately train participants, errant axe throwing, judgment errors in emergency care, and inadequate emergency training of personnel.
3. Axe throwing risks: being hit by an axe – thrown, swung or held – due to participant or staff inattentiveness, neglect, failure to follow instructions, incorrect or errant throwing or playing techniques, errors in judgment, inadequate training, or purposeful or accidental assault and battery by a participant.
4. Types of Injury: All participants must understand three categories of injuries that may occur as a result of these inherent risks. The most common are minor injuries, which include, but are not limited to, hand injuries (splinters, calluses, skin tears, pinches, punctures, and cuts), bruises and scrapes, and muscle strains. Major injuries include, but are not limited to, lacerations, broken bones, joint/ligament/tendon injuries, internal injuries, concussions, back injuries, and eye injuries. Catastrophic injuries, though very rare, include but are not limited to: loss of vision or hearing, dismemberment, permanent disabilities, heart attack, stroke, paralysis, or death.

WE STRONGLY RECOMMEND THAT CLOSED TOED SHOES ARE WORN DURING AXE THROWING EVENTS AND WALK-IN SESSIONS. BY WEARING FOOTWEAR THAT EXPOSES YOUR TOES, YOU ARE AT RISK OF INJURY, INCLUDING, BUT NOT LIMITED TO, AXES FALLING ON YOUR FEET AND/OR HITTING YOUR FEET, CAUSING MINOR OR SEVERE INJURY. IF YOU DECIDE TO NOT WEAR CLOSED TOED SHOES, YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH WEARING OPEN TOED SHOES, FLIP FLOPS, SANDALS OR SIMILAR FOOTWEAR. BY CONTINUING WITH OPEN TOED SHOES, YOU ASSUME ALL LIABILITY AND RISK ASSOCIATED BY DOING SO.

In consideration of the services provided by Angry Jacks LLC, who is the owner and operator of Angry Jacks Axe Throwing Club (the “Club”) and my desire to spectate and/or participate in the activities and services (including, the Activity) provided by Angry Jacks LLC at the Club today and in the future (Angry Jacks LLC and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, servants, predecessors, assigns, affiliated entities, heirs, personal representatives and all other persona, firms or entities claiming by or through them are hereinafter collectively known as “Club Owner”):

I, [ First Name ] [ Last Name ], on behalf of myself, my spouse, my child(ren), minor child for whom I am appointed guardian, my parent(s), my heirs, assigns, personal representative and estate hereby:

1. I agree to use the Club and its facilities in a safe and responsible manner;

2. I acknowledge and understand that, due to its inherent dangers, if I participate in the Activity whether as a participant or spectator, I may die or be seriously injured, whether it be the result of the negligence of others, my own negligence or the fault of no one whatsoever;

3. I acknowledge and agree that the Activity involves the use of a highly dangerous object and a corresponding risk of serious bodily injury, which may result in economic losses, scarring, physical disfigurements, loss of important bodily function(s), permanent disability or death. Such risks may arise from my own actions or negligence, the actions or negligence of others, the condition of the facilities or equipment. I understand that equipment used in axe-throwing is subject to stress that may cause it to break or malfunction without warning, and I acknowledge that Club Owner makes no general, expressed or implied warranty of any kind regarding the equipment used in connection with axe-throwing, including the axes themselves. I further acknowledge that axe throwing may involve other risks not known or reasonably foreseeable to me at this time;

4. I acknowledge that I am not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs which may affect or impair my motor skills, judgment or overall ability to act and think clearly;

5. I acknowledge that I will not drink alcohol if I am not 21 years of age. If I do drink alcohol during the Activity or my use of the Club’s facilities, I do so at my own volition and in full and complete compliance with the Club’s rules of consumption. If I do drink alcohol during the Activity or my use of the Club’s facilities, I will do so responsibly and with the exercise of reasonable care. I understand that drinking alcohol may cause impaired judgment and heighten the risks of the Activity, even if done with reasonable care and in full and complete compliance with the Club’s rules of consumption. I KNOWINGLY AND FREELY ACKNOWLEDGE AND ASSUME ANY INCREASED RISK OF INJURY TO MYSELF AND/OR OTHERS CAUSED BY THE CONSUMPTION OF ALCOHOL IN CONNECTION WITH AXE THROWING. I FURTHER AGREE THAT THE CLUB SHALL NOT BE LIABLE FOR ANY INJURIES, DAMAGES OR LOSSES RESULTING FROM MY OR ANY OTHER PATRON’S CONSUMPTION OF ALCOHOL OR IMPAIRED JUDGMENT;

6. I agree to abide by the Club policies, procedures, rules and instructions and the directions of Club employees and representatives, whereby I acknowledge that (i) those policies, procedures, rules, instructions and directions are intended to promote the safety of both myself and others; (ii) my failure or refusal to abide by those rules, instructions and directions can lead to the immediate revocation of my right to use the Club and its facilities, without any right to refund of any payments made; and (iii) in the event of sickness, accident or injury, (a) I will immediately report my injury to the Club’s staff, and under no circumstances will I leave the facility without doing so, (b) I will cease all participation in Club activities (including, without limitation, the Activity) at that time of sickness, accident or injury, (c) I authorize the Club employees and representatives to obtain and secure, on my behalf, emergency medical treatment and transportation, when deemed appropriate by the Club employees and representatives, and (d) I agree to assume, at my expense, all costs of emergency medical care and transportation;

7. I agree that if at any point during my participation in the Activity at the Club, whether as an active participant or spectator, I notice a hazard or condition that increases the likelihood of injury to myself or others, I will notify a Club employee immediately and cease participating in the Activity until such condition or hazes has been addressed;

8. I agree, without any qualification or limitation whatsoever, to fully and forever waive, release and discharge Club Owner from, and expressly covenant and agree not to sue Club Owner for, any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive), liability or obligations of any nature or kind, whether on account of personal injury (including, without limitation, temporary or permanent disability, dismemberment or death), property damage or otherwise, whether known at the time I leave the Club or which may arise of become known later, which accrue on account of, or in any way arise out of or in connection with, whether in whole or in part: (i) my activities (including, without limitation, the Activity) within the Club; (ii) the activities (including, without limitation, the Activity) within the Club by others; (iii) the operation of the Club by Club Owner regardless whether such claims are founded in whole or in part upon alleged negligence, or the actual negligence of Club Owner; (iv) my use of any and all of the Club facilities; and (v) my use of any and all equipment within the Club, whether owned by me, Club Owner or a third party;

9. I agree to indemnify and hold Club Owner harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments directly or indirectly arising out of, or relating to my acts or omissions while participating in any activities (including, without limitation, the Activity) at the Club;

10. I agree to accept and assume all of the risks which accompany the Activity and representation that my participation in the Activity is purely voluntary, and I elect to participate in the Activity notwithstanding the risks;

11. I fully understand that participating in the Activity within the Club involves physical exertion; and accordingly represent that I (i) am in sufficient good health—mentally, physically and emotionally—to participate in the Activity within the Club; and (ii) do not have any pre-existing physical or medical condition, including without limitation pregnancy, orthopedic problems, including back problems, heart problems; and/or breathing problems, that might be impacted or worsened by my use of the Club;

12. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Activity within the Club, or if not, I agree to bear the costs of such injury or damage to myself and others;

13. I acknowledge and agree that this PARTICIPATION AGREEMENT, WAIVER, RELEASE AND ASSUMPTION OF RISK (“Agreement”) is unlimited in duration and, to the fullest extent permitted under applicable law, covers all Activities that I participate in at the Club’s facilities now or at any time in the future; provided that, (a) without limiting the generality of the foregoing, if I am participating in the Activity at the Club’s facilities, whether as an active participant or spectator, as part of an axe throwing league or a Club membership program, I acknowledge and agree that this Agreement shall apply to all Activities that I participate in at the Club’s facilities for the entire league season and/or the duration of any Club membership program, together with any future league seasons and/or extensions of any Club membership, and (b) upon request of Club Owner, I agree to execute any further documentation to verify and/or confirm the unlimited duration of this Agreement;

14. I agree that if I am participating in an axe throwing league at the Club and elect to bring my own equipment (e.g., axe(s)), any such equipment shall be in compliance with all rules promulgated by the World Axe Throwing League (WATL) and shall be in good order, repair and mechanically fit for use in the Activity, and shall be subject to any policies, procedures, rules and regulations the Club shall establish from time to time respecting the use of personal equipment, may be subject to inspection by the Club, and the Club shall have the right, in its absolute discretion, to prohibit my use of my personal equipment;

15. I authorize Club Owner, and its successors to capture my image, likeness and sound in photographs, videotapes, recordings or other forms of media (“Images”). I acknowledge that Club Owner will own such Images and I grant permission, without compensation, for Club Owner, or any affiliated party of the Angry Jacks LLC brand, to copyright, display, publish, distribute, use, modify and print such Images in any lawful manner, including without limitation, in publications, advertisements, brochures, web sites, social media and other electronic displays and transmission thereof. The foregoing authorization shall not include using my name with any Images, unless I agree otherwise in writing;

16. I agree to receive e-mails, text messages and regular mailings from or on behalf of the Club Owner and its affiliates, agents, service providers and marketing partners with promotional information concerning the Club’s products, services, events, etc. I understand that I am not obligated to agree to receive such communications as part of this Agreement, and that if I do elect to receive such communications, my service providers’ (e.g., internet service provider, cellular carrier, etc.) normal messaging and data rates may apply.

I agree that this Agreement shall be interpreted, enforced and governed under the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws principles that would apply the law of a different jurisdiction, and that all claims, disputes or causes of action relating to or arising out of this Agreement shall be brought, heard and resolved solely and exclusively in the United States District Court for the Eastern District of Pennsylvania or a state court situated in Chester County, Pennsylvania. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. Further, if any court of competent jurisdiction construes the duration of this Agreement to be unenforceable, I agree that such court shall have the power to reduce the duration of this Agreement and, in its reduced form, this Agreement shall then be enforceable and shall be enforced.

By signing Agreement, I acknowledge that if anyone is hurt or property is damaged during my participation of the Activity, I have waived my right to maintain a lawsuit against Club Owner on the basis of any claim from which I have released the Club Owner in this Agreement. I have had sufficient opportunity to read this entire Agreement. I have read and understood it, and I agree to be bound by its terms. In addition, by signing this Agreement, I am not relying upon any representations or statements, whether in written or verbal, made by the Club Owner, other than what is set forth in this Agreement.

I UNDERSTAND AND AGREE THAT (1) THAT THIS AGREEMENT GIVES UP IMPORTANT LEGAL RIGHTS; (II) I AM GIVING UP THESE IMPORTANT LEGAL RIGHTS VOLUNTARILY, FREELY, UNDER NO THREAT OF DURESS, WITHOUT INDUCEMENT, PROMISE OR GUARANTEE BEING COMMUNICATED TO ME; AND (III) THE SIGNATURE OR E-SIGNATURE (DEFINED BELOW) BELOW IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE FULL EXTENT OF THE LAW.

By clicking, tapping, touching, selecting or otherwise interacting with the “Submit” button below, I consent to signing this Agreement electronically. I agree that my electronic signature (“E-Signature”) is the legal equivalent of my manual signature on this Agreement. I consent to be legally bound to this Agreement by my E-Signature. I acknowledge that I may request a hardcopy (printed) version of this Agreement by requesting the same from the Club Owner in writing. The Club Owner reserves the right to charge a reasonable fee for the production and mailing of a hardcopy (printed) version of this Agreement.

If the Participant is not 18 years of age or older, then the following Parent or Guardian Consent must be read and signed before the Participant is allowed to use the Club and its facilities.

PARENT OR GUARDIAN CONSENT

I have read and understand the terms of the foregoing PARTICIPATION AGREEMENT WAIVER, RELEASE AND ASSUMPTION OF RISK and unconditionally agree to its full terms, statements, warranties, notices, representations, waivers and releases on behalf of both myself and marital community, if any, and my child or ward, whose name is specified below.

All such terms, statements, warranties, notices, representations, waivers and releases fully apply to my child or ward as if I was the participant. I understand that, by signing this Consent, I am giving up important legal rights both on behalf of myself and my child or ward regarding potential rights and claims against Club Owner. I have had sufficient opportunity read this entire document. I have read and understood it, and I agree to be bound by its terms.

I hereby warrant and represent that if I am neither the Child’s Parent nor legal Guardian, I have been granted the expressed authority to execute this PARTICIPATION AGREEMENT WAIVER, RELEASE AND ASSUMPTION OF RISK, by and on behalf of, the Child’s Parent or Guardian.