RELEASE OF LIABILITY / AGREEMENT NOT TO SUE / INDEMNIFICATION AGREEMENT / EXPRESS ASSUMPTION OF RISK

THIS AGREEMENT AFFECTS LEGAL RIGHTS. READ IT CAREFULLY BEFORE SIGNING. IF YOU ARE UNWILLING TO SIGN THIS RELEASE AND WAIVER, THE MINOR HAS NO RIGHT TO ENTER THE TN AXE AND SMASH PREMISES OR TO ENGAGE IN ANY ACTIVITY ON THE TN AXE AND SMASH PREMISES. ANYONE WHO ENTERS THE TN AXE AND SMASH PREMISES WITHOUT FIRST SIGNING THIS RELEASE AND WAIVER IS A TRESPASSER.

By signing this Agreement, I acknowledge that I understand this activity involves significant risk of falling, fractures, concussions, dangerous weather, injuries for my lack of fitness or conditioning, negligence of others, and of injury and death from other causes that can be foreseen and that may be unforeseen and that may or may not be listed in this Release and Waiver. In consideration of the license for the minor to enter the TN Axe and Smash premises and to permit the minor participant to participate in activities on the TN Axe and Smash premises, I, for myself, my spouse, my heirs, assigns, executors, legal representatives, trustees, and all persons claiming an interest under me, and as the minor’s parent or legal guardian, for the minor, the minor participant’s heirs, assigns, executors, legal representatives, trustees, and all persons claiming an interest under the minor, hereby agree as follows:

1. I agree for myself and on behalf of the minor participant to ASSUME ANY AND ALL RISKS involved in or arising from my presence and participation in activities on the TN Axe and Smash premises, including but not limited to the risks of falling, fractures, bruises, cuts, abrasions, concussions, dangerous weather, injuries for my lack of fitness or conditioning, negligence of others, death, bodily injury, psychological in- jury, pain and suffering, weather-related injuries, injuries caused by other participants, and consequential damages including, but not limited to, medical expenses and loss of income. I, for myself and on behalf of the minor participant, voluntarily and expressly assume all such risk.

2. I agree for myself and on behalf of the minor participant to RELEASE and forever discharge TN Axe and Smash, a Tennessee limited liability company, its managers, members, owners, agents, directors, attorneys, staff, volunteers, successors, affiliates, heirs, investors, partners, inlaw and in equity, from all risks, demands, claims, and consequences of entering the TN Axe and Smash premises and/or participating in activities on the TN Axe and Smash premises, including but not limited to physical and psychological in- jury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), medical expense, lost income, economic or emotional loss, and death, whether or not caused by the negligence or fault of TN Axe and Smash or any of its agents, managers, owners, directors, investors, representatives, contractors, attorneys, others acting on behalf of TN Axe and Smash, other participants, or strict liability. I understand that these injuries or outcomes may arise from the minor participant’s own or others’ negligence, weather events and conditions, and unforeseen conditions arising from the activities on the TN Axe and Smash premises.

3. I agree for myself and on behalf of the minor participant NOT TO SUE and to INDEMNIFY, DEFEND, AND HOLD HARMLESS, TN Axe and Smash, its managers, members, owners, agents, directors, attorneys, staff, volunteers, successors, affiliates, heirs, investors, partners, in law and in equity against any and all claims, suits or actions of any kind, whatsoever, for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees, costs of defense, and any related costs, if litigation or the threat of litigation arises pursuant to any claims made by me or by anyone else acting on my behalf or on behalf of the minor participant. If I make any such claim or any such claim is made by anyone on my behalf or on behalf of the minor participant or as a consequence of the minor participant’s participation in activities on the TN Axe and Smash LLC premises, I agree for myself and on behalf of the minor participant to reimburse all such costs and liability to the person or entity who incurs such costs or liability from such suits, claim, demands, or actions of any kind.

4. I acknowledge for myself and on behalf of the minor participant that TN Axe and Smash, and its directors, members, owners, and investors, volunteers, representatives, and agents are not responsible for errors, omissions, acts, or failures to act on behalf of TN Axe and Smash.

5. I agree for myself and on behalf of the minor participant that if I, my legal representatives, executors, trustees or anyone on my behalf, or if the minor participant, the minor participant’s legal representatives, executors, trustees, or anyone on behalf of the minor participant, should make a demand or claim, or file an action related to the minor participant’s presence on the TN Axe and Smash premises or from the minor participant’s activities on the TN Axe and Smash premises, this Release and Waiver may be introduced as a complete defense and bar to any such action.

6. By signing this Release and Waiver and agreeing to permit the minor participant to participate in activities on the TN Axe and Smash premises, I, for myself and on behalf of the minor participant, represent to TN Axe and Smash the following with the understanding that TN Axe and Smash is relying upon these repre- sentations and my agreement to this Release and Waiver to permit the minor participant to enter the TN Axe and Smash premises and to engage in activities:

a. I am able to read this Release and Waiver and understand the consequences of signing it. IF I CAN- NOT READ THIS RELEASE AND WAIVER DUE TO A VISUAL IMPAIRMENT OR MY FAILURE TO BRING READING GLASSES OR CONTACT LENSES, I WILL ASK SOMEONE TO READ THE RELEASE AND WAIVER TO ME AND ASSUME ALL RESPONSIBILITY FOR SUCH PERSON TO READ IT CORRECTLY AND IN FULL. I WILL NOT SIGN THE RELEASE AND WAIVER UNTIL I AM SATISFIED THAT I UNDERSTAND WHAT I AM SIGNING.

b. I acknowledge that this activity will involve physical exertion and test the minor participant’s physical limits. I understand that this activity will require the minor participant to follow instructions and to pay attention to the minor participant’s own actions and the actions of others. I represent that the minor participant is capable of the physical and mental requirements for this activity.

c. The minor participant is not pregnant. The minor participant has not had recent surgery or broken bones or muscle sprains. The minor participant does not have a back injury. The minor participant does not have any psychological condition that will prevent the minor participant from safely participating in the activity. The minor participant does not have any physical or mental condition that will expose the minor participant or anyone else to harm through the minor participant’s participation in the activities in the TN Axe and Smash area. The minor participant is not taking any medication that will impair the minor participant’s ability to follow instructions and to engage safely in activities on the TN Axe and Smash premises.

d. I am an adult and legally competent to sign this Release and Waiver.

e. I am not under the influence of any medication, drugs, or alcohol that affects my ability, or any lim- itation that prevents me in any way from understanding this Release and Waiver, ensuring that the minor participant follows all safety instructions, or being responsible for the minor participant’s participation in the activities on the TN Axe and Smash premises.

f. I agree that this Release and Waiver contains all the terms of my agreement to release and waive liability as provided herein. I have not relied upon any verbal statement of any representative of TN Axe and Smash not contained in this Release and Waiver as to any matter provided herein.

7. I agree, for myself and on behalf of the minor participant, to release and forever discharge TN Axe and Smash from any claim whatsoever, which arises or may arise on account of any first aid, treatment, or service rendered for the minor participant or the decision of any agent or representative of TN Axe and Smash to consent to medical treatment while the minor participant is on the TN Axe and Smash premises, if I am unable to give such consent on the minor participant’s behalf.

It is my intent that this Release and Waiver operate as a full release of all liability to the maximum extent permitted by law.

This Release and Waiver shall be interpreted under the laws of the State of Tennessee.

In the event that any provision of this Release and Waiver is determined to be unenforceable by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Release and Waiver. I agree, for myself and on behalf of the minor participant, that the court should sever such unenforceable provision from the Release and Waiver and modify the Release and Waiver to provide a full release of all liability to the extent permitted by law.

In the event that any damage to equipment or facilities occurs as a result of my or the minor participant’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

I understand and agree that the terms of this Release and Waiver shall be binding upon my spouse, my heirs, assigns, legal representatives, executor and trustee, and upon the heirs, assigns, legal representatives, executor, and trustee of the minor participant, and that it shall inure to the benefit of TN Axe and Smash, its successors, assigns, members, directors, owners, and partners.

I understand that by signing this Release and Waiver that I agree, on behalf of myself and the minor participant, that if I or the minor participant should not obey any and all written or verbal safety protocols and cause injury or loss to myself, any person or property that I will be liable for any and all losses, financial or otherwise, associated with said injury.

Photo release - I grant to TN Axe and Smash, its representatives, and employees, the right to take photographs of me and my property in connection with the above-identified subject. I authorize TN Axe and Smash, its assigns, and transferees to copyright, use, and publish the same in print and/or electronically. I agree that TN Axe and Smash may use such photographs of me with or without my name and for any lawful purpose, including, for example, such purposes as publicity, illustration, advertising, and Web content.

COVID 19 release - I, the undersigned, acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to, or infected by, COVID-19 by my presence at and/or participation in any activity at TN Axe and Smash, and that exposure may result in personal injury, illness, permanent disability, and death. I understand the risk of becoming exposed to or infected by COVID-19 at TN Axe and Smash may result from the actions, omissions, negligence of myself and others, including but not limited to TN Axe and Smash’s employees, volunteers, and participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury, illness, exposure, liability, or expense of any kind that I may experience or incur in connection with my attendance at TN Axe and Smash.

On my behalf, I hereby release, convent not to sue, discharge, and hold harmless TN Axe and Smash and it’s employees, agents, and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs, expenses of any kind arising out of or to the relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, negligence of TN Axe and Smash, it’s employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation or visit to TN Axe and Smash.