Lumber Jack's Axe House
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (“AGREEMENT”)
Released Parties include: Lumber Jack's Axe House, LLC and their affiliates, directors, officers, employees, agents, contractors, insurers, spectators, other participants, suppliers, organizers, promoters, property owners and/or personnel used, advertisers, and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, suppliers, and representatives of any of the foregoing including but not limited to Lumber Jack's Axe House, LLC.
Releasing Parties include: The participant (referred to in this document as “I”), as well as participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant’s behalf.

IN CONSIDERATION of being given the opportunity to participate in recreational axe throwing and/or log rolling (the “Activities”) at Lumber Jack's Axe House, LLC and/or entry on the premises controlled by Lumber Jack's Axe House, LLC at any time during the current calendar year (January 1, 2024 through December 31, 2024), I, for myself, my personal representatives, assigns, heirs, and next of kin:

ASSUMPTION OF RISK: I fully understand and acknowledge that recreational axe throwing and/or log rolling may carry with it, inherent risks of injury (physical and/or mental). Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Lumber Jack's Axe House, LLC and the other Released Parties. I understand that the Activities may be strenuous, and the accompanying risks are generally present. I further understand and acknowledge that any of these risks and others, not specifically named, may cause injuries that may include, but are not limited to: scrapes, bruises, sprains, cuts, splinters, muscle strain, property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, dislocations, loss of consciousness, dizziness, fainting, seizures, eye irritations and/or injury, permanent disabilities, stroke, spinal injuries, paralysis, heart attack, and death. Notwithstanding the risks, which I readily acknowledge, I hereby willingly choose to participate in the Activities. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time. I understand that it is my responsibility to inspect the lanes, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I will immediately discontinue further participation in the Activities and notify appropriate personnel. I fully understand the risks involved and assert that I (and/or my participating minor child/ward) am/are willingly and voluntarily participating in axe throwing and/or log rolling. I have read the preceding paragraphs and acknowledge that: 1) I understand the nature of axe throwing and/or log rolling; 2) I understand the demands of axe throwing and/or log rolling relative to my physical condition; and 3) I understand the potential impact of the types of injuries that may result from axe throwing and/or log rolling. I assert that I (and/or my minor child/ward to whom I have explained the inherent risks) knowingly assume all the risks of the Activities and take full responsibility for all damages, liabilities, losses, or expenses that I/we incur because of participating in the Activities. In short, I (and/or my participating minor child/ward) am/are participating entirely at my/our own risk.

WAIVER OF LIABILITY FOR NEGLIGENCE: I agree that under this agreement Lumber Jack's Axe House, LLC and the other Released Parties shall be excluded from liability for negligence in the conduct of axe throwing and/or log rolling. Lumber Jack's Axe House, LLC and the other Released Parties shall be excluded from liability under any civil liability or consumer law applicable to the State. In consideration of being permitted to participate in the Activities, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge Lumber Jack's Axe House, LLC and the other Released Parties from any and all claims, actions, suits, demands, losses and other liabilities in relation to any of death, physical or mental injury (including the aggravation, acceleration or occurrence of such an injury), the contraction, aggravation or acceleration of a disease or the coming into existence, aggravation, acceleration or occurrence of any other condition, circumstance, activity, form of behavior, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to me (and/or my participating minor child/ward) or the community or that may result in harm or disadvantage to me/us or the community resulting from the inherent risks of recreational axe throwing and/or log rolling or the negligence of Lumber Jack's Axe House, LLC (or the other Released Parties) that I (and/or my participating minor child/ward) may have arising out of my/our participation in the Activities.

INDEMNIFICATION AGREEMENT: I hereby agree to hold harmless, defend, and indemnify (which for the avoidance of doubt includes defending and paying any judgment, court costs, investigation costs, attorney’s fees, and any other expenses incurred that relate to a breach of this contract) Lumber Jack's Axe House, LLC and the other Released Parties from any and all claims made by me (and/or my participating minor child/ward or any Releasing Party) arising from death, physical or mental injury (including the aggravation, acceleration or occurrence of such an injury), the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or occurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to me or the community or that may result in harm or disadvantage to me/us or the community due to my/our participation in axe throwing and/or log rolling. This applies both to claims arising from the inherent risks of the Activities or the negligence of Lumber Jack's Axe House, LLC or any of the other Released Parties. I further agree to hold harmless, defend, and indemnify Lumber Jack's Axe House, LLC, and the other Released Parties against all claims of other participants, rescuers, and others arising from my (and/or my participating minor child/ward’s) conduct during my participation in the Activities.

SEVERABILITY: I understand and agree that this Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the State of Florida and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Agreements for the Protection of Participants: I (and/or my participating minor child/ward) am/are in good health and in proper physical condition to safely participate in axe throwing and/or log rolling. I certify that I (and/or my participating minor child/ward) are covered by medical insurance and have no known or knowable physical or mental conditions that would affect my/our ability to safely participate in the Activities or that would result in my/our participation creating a risk of danger to myself or to others.
I understand that it is my responsibility to continuously monitor my own (and/or my participating minor child/ward’s) physical and mental condition during the Activities and I agree to withdraw immediately and to notify appropriate personnel if at any point my/our continued participation would create a risk of danger to myself or to others.
In the event of an injury to me that renders me (and/or my participating minor child/ward) unconscious or incapable of making a medical decision, I authorize and give my consent to Lumber Jack's Axe, LLC and/or its Released Parties and emergency or medical personnel to make emergency medical decisions (including providing emergency medical treatment) on my (and/or my participating minor child/ward’s) behalf (including but not limited to CPR).

I agree and understand all alcohol on the premises must be authorized and provided by Lumber Jack's Axe House, LLC and outside alcoholic beverages are not permitted on the premises. If I elect to consume alcohol prior to or during my participation in the Activities, I agree to assume all risks, known and unknown, related to consuming such alcohol and participating in the Activities and agree to be fully responsible and liable for all claims, demands, damages, losses, injuries, liabilities, obligations, costs, or expenses of any kind which may arise due to my consumption of such alcohol and participation in the Activities (collectively the “Claims”). I hereby agree to indemnify, defend, and hold harmless the Released Parties from any such Claims.

Photographs, Videos, and Recordings: I acknowledge and accept that Lumber Jack's premises are under video surveillance. I hereby grant Lumber Jack's Axe House, LLC and the other Released Parties non-revocable permission to capture my image and likeness in photographs, videos, recordings, or any other media (collectively “images”). I acknowledge and accept that Lumber Jack's Axe House, LLC will own such images and grant permission to copyright, display, publish, distribute, use, modify, print, and reprint such images in any manner whatsoever related to Lumber Jack's Axe House, LLC business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the images by Lumber Jack's Axe House, LLC prior to its use. I forever release and hold Lumber Jack's Axe House, LLC harmless from all liability arising out of the use of the images in any manner or media whatsoever and waive all claims and causes of action relating to use of the images, including without limitation, claims for invasion of privacy rights or publicity.

Acknowledgment of Understanding: I have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I acknowledge that to participate in axe throwing and/or log rolling, I must agree to the terms of this agreement with my signature below. I am 18 years or over and I understand that I (and/or my participating minor child/ward) am/are giving up substantial rights, including my/our right to sue. I further acknowledge that I (and/or my participating minor child/ward) am/are signing the agreement freely, voluntarily, and intend my signature to be a complete and unconditionally release of all liability due to negligence of Lumber Jack's Axe House, LLC and the other Released Parties or the inherent risks of the activities.