(Please read before throwing)
Waiver of Liability, Assumption of Risk, and Hold Harmless Agreement for Brewer Creek Axe Throwing and Brewer Creek LLC
In consideration for permission to participate in the training program, related events, and activities in association with Brewer Creek Axe Throwing.
1. DANGERS, HAZARDS, & RISKS: I fully understand and appreciate the dangers, hazards, and risks inherent in axe throwing and being in proximity to throwing axes, including the inherent risks associated with the use and misuse of these dangerous weapons. These risks include, but are not limited to, uneven walking surfaces, varying temperatures, condition of participants, actions of other people participating in Brewer Creek Axe Throwing activities, falls, and collisions with dangerous, sharp, heavy, and/or blunt objects. I hereby assume the known and unknown risks of personal injury or death, injury to third parties, and damage to property that arise out of or relate in any way to my past, present, or future use of the axe throwing equipment and the axe throwing lanes and facility (hereinafter the “Mobile Unit”). I am fully aware of risks and hazards connected with being on the Mobile Unit and participating in the activities, including the potential for injury, permanent paralysis, and death, and I am fully aware that there may be risks and hazards unknown to me connected with being on the Mobile Unit and participating in axe throwing activities.
2. DANGEROUS ACTIVITIES ACKKNOWLEDGEMENT: I acknowledge and understand that I will be voluntarily engaging in activities which may result in the risk of serious injury, scarring, loss of an important bodily function, permanent disability, or death, and may cause severe social or economic losses due to not only my own actions, inactions, or negligence, but also to the action, inaction or negligence of others or conditions of the Mobile Unit or of any equipment used. I acknowledge that the handling of and proximity to throwing axes is an inherently dangerous activity and there may be other risks not known to me or not reasonably foreseeable at this time.
3. PERSONAL RESPONSIBILITY: I hereby elect to voluntarily participate in and assume all the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability, or death. I further elect to enter the Mobile Unit and/or engage in axe throwing activities knowing that conditions may be hazardous, or may become hazardous or dangerous, to me and my property. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of my presence at an Brewer Creek Axe Throwing activity, whether caused by the negligence of releasees or otherwise.
4. I MONTANA LAWS ON DANGEROUS WEAPONS: I hereby agree to comply with all Montana laws regarding the use and possession of dangerous weapons.
5. NOT TO SUE I hereby release, waive, discharge and covenant not to sue Brewer Creek Axe Throwing or Brewer Creek LLC, its officers, servants, agents, and employees (hereinafter referred to as “releasees”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the releases, or otherwise, as a result of my participation in any axe-related activities. I hereby agree and covenant to save and hold harmless, indemnify, and defend any claim against Brewer Creek, LLC. and its shareholders, directors, officers, employees, or agents, as a result of my participation in the program or any other axe-related activities, whether caused by the negligence of any or all of the releasees, or otherwise. I hereby agree and covenant to save and hold harmless, indemnify, and defend any claim against Brewer Creek, LLC. and its shareholders, directors, officers, employees, or agents, arising out of my own presence on Brewer Creek Mobile Unit and/or participation in the activities related to.
6. FAMILY MEMBERS/SPOUSE NOT TO SUE: It is my express intent that this Release shall bind the members of my family and spouse, if I am alive, and my estate, heirs, assigns, and personal representative, if I am deceased. My signature to this document shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue by all the above-named releasees.
7. NO ALCOHOLIC BEVERAGES ON PREMISES: I acknowledge that Brewer Creek Axe Throwing does not provide, sell, or serve alcoholic beverages at the Mobile Unit or axe throwing activities. Should I provide alcohol to family, friends, guests, or third parties, I acknowledge that I am solely responsible for any and all damages suffered as a result of providing alcohol to others. Should I consume alcohol on or near the Mobile Unit, I acknowledge that I am solely responsible for any and all damages suffered by myself or that I may cause to third parties as a result of said consumption.
8. BREWER CREEK IS NOT RESPONSIBLE FOR ALCOHOL CONSUMPTION: Brewer Creek Axe Throwing and Brewer Creek LLC, its owners, operators, employees, agents, and servants are not responsible or liable for any damages to myself or third parties that result from the consumption of alcohol by myself or others, to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. I hereby agree that I will not participate in any programs, events, or activities associated with Brewer Creek Axe Throwing while under the influence of drugs or impaired by alcohol. Should I choose to drink alcohol, I warrant and represent that I am fully responsible for my choice to imbibe and hereby waive and release Brewer Creek, LLC. from any liability, claims, or causes resulting from this choice.
9. SERVING AGES UNDER 21: I acknowledge it is against the law to serve, provide, or make available alcohol to anyone under the age of twenty-one (21). I swear and affirm not to provide anyone under the age of twenty-one (21) with alcohol. I further acknowledge that should anyone in my party under the age of twenty-one (21) consume alcohol on the Mobile Unit (which is a violation of its rules), I am solely responsible for the safety and well-being of that individual. I further swear and affirm that I am solely responsible and liable for any damages that result from someone under the age of twenty-one (21) consuming alcohol.
10. WAIVING LEGAL RIGHT TO A JURY FOR ANY INJURIES OR DAMAGES: By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable care. See Mont. Code Ann. §27-1-753.
11. CHOICE OF LAW AND JURISDICTION: This Participation Agreement shall be governed by and construed in accordance with the laws of the State of Montana without regard to any conflict of law rules of another state. By signing this agreement I agree that any legal action brought in relation to this waiver or activities related to Brewer Creek Axe Throwing will be filed and adjudicated in Lewis and Clark County, Montana.
12. MEDIATION AND ARBITRATION: Any and all disputes, claims, or controversies arising out of or relating in any way to this Agreement, including but not limited to participants’ use of the axe throwing equipment, any related activities, or Mobile Unit shall be submitted to a formal mediation using a mediator to which the Parties agree in writing. Mediation must commence within any applicable statute of limitations and shall be deemed to commence when a Party notifies the agreed-upon mediator, in writing, of its request for mediation, the subject of the dispute, and the relief requested. Arbitration shall be the sole and exclusive forum for resolution of the dispute, claim or controversy. By signing this Agreement, I, to the fullest extent permitted by law, agree to settle disputes only by mediation and/or arbitration conducted in Montana and waive my right to have any and all claims decided by a jury or a judge.
13. ATTORNEY FEES: Attorney Fees for Breach of this Participation Agreement. In the event either Party hereto defaults in any of the covenants or agreements contained herein, the non-prevailing Party shall pay all costs and expenses, including reasonable attorneys’ fees and expert fees, incurred by the prevailing Party as a result of this default.
14. ACKNOWLEDGMENT OF THE RULES: Acknowledgment of the Rules. All participants MUST READ, UNDERSTAND and FOLLOW all Brewer Creek Axe Throwing rules. By signing this Agreement, you are representing and warranting that you have READ, UNDERSTAND and WILL FOLLOW ALL RULES.
15. PERSONAL PROPERTY DAMAGE: Brewer Creek Axe Throwing and Brewer Creek LLC, its owners, operators, employees, agents, and servants are not responsible or liable for any damages to any personal property that may be inadvertently damaged while in or near the Mobile Unit, or participating in related axe throwing activities.
16. VIDEO, PHOTO, AND IMAGE RELEASE: The Agreement gives Brewer Creek Axe Throwing the exclusive rights and permissions to use all media captured during axe throwing activities and in or around the Mobile Unit .This includes, but is not limited to, security footage, photos, and video, which can be used for any and all purposes including but not limited to publication in both printed and electronic media, internet, websites, advertisement, and other promotional uses.
17. FINAL ACKNOWLEDGMENT: In signing this release, I acknowledge and represent that:
a. I have read the foregoing release, understand it, and agree to abide by the rules and regulations set forth herein, and sign said release voluntarily as my own free act and deed.
b. No oral representation, statements, or inducements, apart from the foregoing written agreement, have been made.
c. I am at least eighteen (18) years of age and fully competent; OR [Parents/guardians of minors only] as the parent/guardian with legal responsibility for this participant, I do hereby consent and agree to his/her release of all releasees, and for myself, my heirs, assigns and next of kin, and release and agree to indemnify and hold harmless the releasees from any and all liability incidents on behalf of my minor child’s involvement or participation in these programs as provided above.
d. I am in good health, and in proper physical condition to participate in ALL activities on or around the axe throwing Mobile Unit, I am NOT under the influence of alcohol, illicit or prescription drugs that would in any way impair their ability to safely participate in axe throwing, I do NOT have ANY preexisting conditions which would make me unfit to participate in ANY activity on or around the Mobile Unit. It is the sole responsibility of all participants to determine sufficiency of health, fitness, and ability to participate in ANY activity on or around the axe throwing Mobile Unit.
e. I execute this release for full, adequate, and complete consideration and fully intending to be bound by its terms.
I AGREE TO PARTICIPATE, KNOWING THE RISKS AND CONDITIONS INVOLVED, AND DO SO ENTIRELY OF MY OWN FREE WILL.
If participant is a minor, signature of parent or responsible adult is required below:
In consideration of the minor child being permitted to participate in the Activities, I accept and agree to the full contents of this Agreement. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child regarding these Activities. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Releasees (defined in Section 5) from all liabilities and claims that arise in any way from any injury, illness, death, loss or harm that occurs to the minor child during the Activities or in any way related to the Activities. This includes any claim of the minor and any claim arising from the negligence of the Releases. I understand that nothing in this Agreement is intended to release claims for liabilities that Montana law does not permit to be excluded by Agreement.
Brewer Creek Axe Throwing 