Rohn Investments Inc. dba The Vault
WAIVER AND
RELEASE OF LIABILITY
In consideration of the risk of injury while
participating in Axe and Knife Throwing (the "Activity"), and as
consideration for the right to participate in the Activity, I hereby, for
myself, my heirs, executors, administrators, assigns, or personal
representatives, knowingly and voluntarily enter into this waiver and release
of liability and hereby waive any and all rights, claims or causes of action of
any kind whatsoever arising out of my participation in the Activity, and do
hereby release and forever discharge Rohn Investments Inc. dba The Vault, their
affiliates, managers, members, agents, attorneys, staff, volunteers, heirs,
representatives, predecessors, successors and assigns, for any physical or
psychological injury, including but not limited to illness, paralysis, death,
damages, economical or emotional loss, that I may suffer as a direct result of
my participation in the aforementioned Activity, including traveling to and
from an event related to this Activity.
ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE
OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN
THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR
PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR
PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND
DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR
OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE
ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR
UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM
AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Rohn
Investments Inc. dba The Vault 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 and any related costs,
if litigation arises pursuant to any claims made by me or by anyone else acting
on my behalf. If Rohn Investments Inc. dba The Vault incurs any of these types
of expenses, I agree to reimburse Rohn Investments Inc. dba The Vault.
I acknowledge that Rohn Investments Inc. dba
The Vault and their directors, officers, volunteers, representatives and agents
are not responsible for errors, omissions, acts or failures to act of any party
or entity conducting a specific event or activity on behalf of Rohn Investments
Inc. dba The Vault.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A
TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE
POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS.
The risks may include, but are not limited to,
those caused by terrain, facilities, temperature, weather, lack of hydration,
condition of participants, equipment, vehicular traffic and actions of others,
including but not limited to, participants, volunteers, spectators, coaches,
event officials and event monitors, and/or producers of the event.
I believe that I am physically, emotionally
and mentally able to participate in axe and knife throwing and by signing below
provide confirmation of my ability to participate.
I understand the consuming alcohol is not a
requirement to participate in any event. If I do consume alcohol during an
event, I confirm that I am 21 years of age and I am doing so of my own choice
and volition and agree to consume alcohol responsibly. I assume the risks
associated with alcohol consumption and take full responsibility for my own
actions, safety and welfare of myself and others affected by my consumption of
alcohol. I agree to exercise ordinary and reasonable care at all times, and
will not consume alcohol to the extent that my judgement is impaired. I
understand the potential risks associated with the consumption of alcohol and
acknowledge that I do not have or am not aware of any medical condition(s) that
would prevent me from consuming alcohol or would result in any injury or
liability for any accident, injury, theft, loss or damage caused by my impaired
judgement or negligence.
I acknowledge and understand that axe and
knife throwing is a social activity, and understand the inherent risks of a
social activity in contracting a virus like COVID-19 or other contagious
diseases. I understand that social distancing, and all other efforts on my and Rohn
Investments Inc. dba The Vault part to prevent the spread of contagious
diseases, cannot guarantee that I will not become infected and agree to assume
this risk and hold Rohn Investments Inc. dba The Vault harmless and not
responsible if I contract COVID-19 or other illness as a result of my
participation.
I hereby grant permission to the rights of my
image, likeness and sound of my voice as recorded on audio or video tape or
other recording medium without payment or any other consideration. I understand
that my image may be edited, copied, exhibited, published or distributed and I
waive the right to inspect or approve the finished product wherein my likeness
appears. Additionally, I waive any right to royalties or other compensation
arising or related to the use of my image or voice recording. I understand that
all activities on premises are being recorded for visual and audio record of
activities for the safety and welfare of all participants.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS
"WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF
LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Rohn Investments Inc. dba
The Vault AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS,
STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND
ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY
GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION
AGAINST Rohn Investments Inc. dba The Vault FOR PERSONAL INJURY OR PROPERTY
DAMAGE.
To the extent that statute or case law does
not prohibit releases for negligence, this release is also for negligence on
the part of Rohn Investments Inc. dba The Vault, its agents, and employees.
In the event that I should require medical
care or treatment, I agree to be financially responsible for any costs incurred
as a result of such treatment. I am aware and understand that I should carry my
own health insurance.
In the event that any damage to equipment or
facilities occurs as a result of my or my family'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.
In the event that any provision contained
within this Release of Liability shall be deemed to be severable or invalid, or
if any term, condition, phrase or portion of this agreement shall be determined
to be unlawful or otherwise unenforceable, the remainder of this agreement
shall remain in full force and effect, so long as the clause severed does not
affect the intent of the parties. If a court should find that any provision of
this agreement to be invalid or unenforceable, but that by limiting said provision
it would become valid and enforceable, then said provision shall be deemed to
be written, construed and enforced as so limited.
This Agreement was entered into at
arm's-length, without duress or coercion, and is to be interpreted as an
agreement between two parties of equal bargaining strength. Both the
Participant, named below, and Rohn Investments Inc. dba
The Vault agree that this Agreement is clear and unambiguous as to its terms,
and that no other evidence will be used or admitted to alter or explain the
terms of this Agreement, but that it will be interpreted based on the language
in accordance with the purposes for which it is entered into.
The validity, interpretation, construction,
and performance of this Agreement shall be governed by the laws of the State of
Illinois. Any action related to the breach, enforcement, or otherwise of this
Waiver and Release of Liability Agreement shall be brought exclusively in the Seventh
Judicial Circuit, Morgan County, Illinois.
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows:
