RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Ax throwing organized by THUNDERBIRD AX, of Republic, Missouri, I agree for MYSELF and (if applicable) for the members of my FAMILY, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by THUNDERBIRD AX, or the employees, representatives or agents of THUNDERBIRD AX.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge THUNDERBIRD AX for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of THUNDERBIRD AX, whether caused by the fault of myself, my family, THUNDERBIRD AX or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend THUNDERBIRD AX against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of THUNDERBIRD AX.
4. FEES. I agree to pay for all damages to the facilities of THUNDERBIRD AX caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Missouri law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that THUNDERBIRD AX has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. RULES.
1. ONE thrower at a time
2. Must wear close-toed shoes
3. Wavier must be signed before you throw axes
4. Only active throwers in the throwing zone
5. NO trick shots
6. NO horse play
7. Overhand throws only
8. DO NOT climb on trailer unless retrieving your axes ( use steps provided )
9. Only throw ONE ax at a time
10. I have the right to tell you to leave at anytime :)
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.