ACKNOWLEDGEMENT, WAIVER AND RELEASE
In consideration for being admitted and allowed participation in any activities conducted by Irving West, Limited (the “Company”, and collectively with the Company’s affiliates, servants, agents, directors, officers, employees, successors and assigns, the “Releasee”), including without limitation axe throwing, on lands occupied by it at The Axe Shed Gander, Newfoundland and Labrador or at any other location at which the Company may be operating (the “Facility“), I the undersigned, for myself, my heirs, executors, administrators and assigns, fully release the Releasee from any claims, demands, damages, actions or causes of action arising out of or in consequence of any loss, injury, death, or damage to my person or property incurred while attending at or participating in any activities at the Facility notwithstanding that any such loss, injury, death or damages may have arisen solely or partly by reason of negligence of the Releasee.
I represent and warrant that I am in proper physical condition to participate in all activities of axe throwing and I acknowledge that I am aware of the risk that such participation could result in physical injury and/or property damage to me. Without limiting the generality of the foregoing, I understand that:
- all athletic and recreational programs/activities involve some risk of accident or injury;
- that my choice to participate in any activities at the Facility is at my own risk; and
- there is risk in participation in (or being a spectator at) any axe throwing or activity at the Facility;
- and I agree to indemnify and save the Releasee harmless, to the maximum extent permitted by law, from and against all costs, charges and expenses, including, without limitation, all amounts paid to settle any action or satisfy any judgment, reasonably incurred by you in respect of any civil, criminal, administrative, investigative or other proceeding.
I authorize the Company to act in my behalf, to authorize medical treatment to, upon, or for the benefit of myself, for any minor injuries which may occur from participation in any axe throwing. In the event of a more serious injury that may require emergency treatment, I authorize the Company to see that I am transported to and treated at the nearest medically facility.
I acknowledge that all accidents or injury to persons or damage/loss to property must be reported to the Company in writing before leaving the Facility, and I accept that my failure to do so shall forever release any claim I might or could have had against the Releasee.
I acknowledge that all instructions by the Company staff shall be observed by me at all times, and I accept that my failure to do so shall forever release any claim I might or could have had against the Releasee.
I have read, understood and I accept the terms and conditions stated on this form and acknowledge that this agreement is and shall be effective and binding on me in its entirety, as well as on my heirs, executors, administrators and assigns.