Release & Waiver of Liability, Assumption of Risk & Indemnity Agreement 

In consideration of being permitted to participate in, observe, or enjoy activities hosted by BELLINGHAM AXE LLC (“Bellingham Axe”), including indoor axe and hatchet throwing experiences, events and related activities, I the undersigned, for myself, my personal representatives, agents, heirs and next of kin acknowledge, understand and agree that:

1. I am at least 18 years of age, of sound mind and capable of consenting to the terms of this Agreement.

2. Participating in or observing the activity of axe or hatchet throwing is a potentially hazardous activity. I am voluntarily participating in these activities with full knowledge that participating in axe throwing activities presents an inherent risk of injury to my person or property. Risks include, but are not limited to, those caused by facilities, condition of equipment, physical exertion, close contact with sharp weaponry, lack of hydration and actions of other people, including, but not limited to, participants, observers, and employees of Bellingham Axe.

3. I understand that I could experience injuries ranging from minor injuries to catastrophic injuries, including, but not limited to, tripping and falling, cuts, strains, sprains, concussions, bone breaks, bruising, bone or joint dislocation, hand or foot injury, eye injury, muscle injury, back injury and death.

4. I certify that I have not been advised against participating in axe-throwing activities by a medical professional. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in activities before I become injured. I further agree and warrant that if, at any time, I believe conditions to be unsafe, unwise or unnecessarily risky or dangerous to myself or others, I will immediately discontinue my participation in the activity.

5. I acknowledge that if Bellingham Axe, its employees or representatives doubt my capabilities to safely throw an axe for any reason, Bellingham Axe may restrict my participation. I agree that if I fail to show capability or to act responsibly and safely, I waive any and all right to continue participating in activities at Bellingham Axe.

6. I agree to comply with the safety measures required by Bellingham Axe which are posted in plain sight or that have been explained to me. Participants must wear closed-toed shoes during all axe throwing activities and events.

7. I understand that following all instructions and rules at all times, while participating or observing the activities, is a requirement for participation. I understand that risks of participating in these activities cannot be eliminated completely, but I acknowledge that following all instructions, rules, and safety regulations while participating may reduce risks to myself and others. I agree that if I fail to follow such instructions and rules or act responsibly, I waive any and all right to continue participating in the activities and any benefits associated with being a participant.

8. I hereby grant Bellingham Axe the right to photograph, videotape and otherwise capture my image, appearance or likeness and to use such images for any purpose, commercial or otherwise.

9. I agree and understand that if I elect to consume alcohol prior to or during my participation in the activities, I assume all risks, known and unknown, related to my consumption and agree to be fully responsible and liable for any and all claims demands, damages, losses, injuries, liabilities, obligations, costs or expenses of any kind which may arise due to my consumption of alcohol.

I, for myself, and on behalf of my heirs, assigns, personal representatives and next of kin hereby release, waive, release, discharge, defend, indemnify, and hold harmless Bellingham Axe, its respective administrators, directors, agents, officers, members, volunteers and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the activity takes place from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by whether caused in whole or in part by the negligence or other conduct of the owners, employees, agents, or officers of Bellingham Axe, the negligence of other participants, accidents, breaches of contract, the forces of nature, or other cause. I understand that I am giving up my right to sue the facilitator parties and giving up other valuable and substantial rights in exchange for being permitted to participate in the activities. I further agree that I have read and will adhere to all Safety Rules for the Bellingham Axe facility, and I will follow the instruction of Bellingham Axe employees and representatives. If a dispute arises under this agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Whatcom County, Washington. Any costs and fees associated with the mediation will be shared equally by the parties. This agreement is in accordance with, and governed by, the laws of the State of Washington. Jurisdiction and venue for any such action will be in Washington Superior Court in and for Whatcom County. In case any provision of this agreement will be held invalid, illegal or unenforceable, it will not affect any other provision of this agreement and this agreement will be construed as if such provision had never been contained herein.

I HAVE CAREFULLY READ THE ABOVE WAIVER AND RELEASE, INCLUDING THE BACK SIDE AND FULLY UNDERSTAND ITS CONTENTS. I VOLUNTARILY AND KNOWINGLY AGREE TO THE TERMS AND CONDITIONS STATED HEREIN. BY SIGNING IT I AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE BELLINGHAM AXE FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.

 

Mon May 13, 2024

EMERGENCY CONTACT INFORMATION

FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT TIME OF PARTICIPATION)

I hereby certify that, as parent/guardian with legal responsibility for this participant, I consent and agree, for myself, my heirs, assigns, and next of kin, to release and to indemnity and hold harmless Bellingham Axe LLC from any and all liabilities incident to my minor child’s involvement or participation at Bellingham Axe as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law. Further, the undersigned parent or guardian hereby gives permission for Bellingham Axe to authorize emergency medical treatment as may be deemed necessary for the minor named below while participating in axe throwing from this date onward.

 All minors must be accompanied by a parent or guardian.

EMERGENCY CONTACT INFORMATION

Please provide an emergency contact other than the parents/guardians above.