The Yard - Waiver
Release of Liability, Waiver of Claims, Express Assumption of Risk, and Indemnity Agreement
Please read carefully and be certain that you understand the implications before signing.
In consideration of being permitted to participate in any way in axe throwing and indoor yard games at The Yard, I, for myself, my heirs, personal representatives or assigns do hereby agree as follows:
1. I fully understand and appreciate that axes of any size are potentially dangerous objects; that there are dangers, hazards, and risks inherent in axe throwing; and that there are inherent risks associated with the use and misuse of axes. In this agreement, “axe” shall include axes of all sizes, hatchets, and tomahawks. I agree to only use the axe provided and will not bring in other axes.
2. I acknowledge and understand that I will be voluntarily engaging in activities that involve axes, which may result in the risk of minor injuries such as scratches, bruises, and cuts, and additionally the risk of serious injury, scarring, loss of important bodily function, permanent disability, paralysis, or death, and which may cause severe social or economic losses due not only to my own actions, inaction or negligence, but also to the action, inaction or negligence of others, or conditions of the premises or of any equipment used at the premises. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time.
I understand and agree to the above provisions.
3. I am at least 21 years of age. I believe that I am physically, emotionally, and mentally able to participate in axe throwing.
4. I will immediately remove myself from participation and notify the nearest staff member if at any time I sense or observe any unusual hazard or unsafe condition, or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation.
5. I assume all the risks and accept responsibility for the damages following such injury, permanent disability, or death.
6. I release, waive and discharge all actions, claims, or demands that I, my assignees, heirs, guardians, or legal representatives now have or hereafter may have for damages or losses on account of injury, including permanent disability and death or damage to property, caused or alleged to be caused, in whole or in part, by the negligence or other acts of The Yard and/or Moxie Owl, Inc., their subsidiaries, shareholders, directors, officers, employees or agents, as a result of my participation in axe throwing and related activities.
I understand and agree to the above provision.
7. I hereby agree to indemnify, defend, and hold harmless The Yard and/or Moxie Owl, Inc., their subsidiaries, shareholders, directors, officers, employees or agents, from any and all liabilities, damages, claims, lawsuits, attorney’s fees, and actions of any kind for any damage or injury arising as a result of my participation in any axe throwing related activities.
8. I agree on behalf of myself and my assignors, heirs, guardians, and legal representatives that I will not sue The Yard and/ or Moxie Owl, Inc., their subsidiaries, shareholders, directors, officers, employees or agents as a result of any axe throwing related activities.
9. I understand that drinking alcohol is not a requirement of participation. If I do consume alcohol while I am participating, I agree that I am over 21 years of age, and I do so of my own choice and volition and agree to drink responsibly. I assume the risks associated with alcohol consumption and take full responsibility for my own actions, safety and welfare.
10. I agree to exercise ordinary and reasonable care at all times, and to not imbibe alcohol to the extent that my judgment 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 treated or untreated medical condition(s) that would prevent me from consuming alcohol or that would result in any injury or damage as a result of alcohol consumption. I acknowledge and agree that The Yard and/or Moxie Owl, Inc. shall not be responsible or liable for any accident, injury, theft, loss or damage caused by my impaired judgment or negligence. The Yard
11. I agree and understand that the staff and/or owners of The Yard and/or Moxie Owl, Inc. reserve the right to refuse entry, suspend or cancel any axe throwing related activities or indoor yard games at any time.
12. I agree to abide by the following house rules at The Yard:
13. With regard to indoor yard games, I agree to abide by the rules for indoor yard games which include, but are not limited to, cornhole, horseshoes, kubb, ladder ball, petanque, plumbata, and Twister®. You agree to use all game pieces for game play only. Misuse of game pieces will result in your ejectment from the premises without refund. You will be given a colored wristband to wear during your lawn play time, and removal of this wristband prior to the conclusion of your play time will result in termination of further play.
14. By entering into this agreement, I am not relying on any oral or written representations or statements made by The Yard and/or Moxie Owl, Inc., their subsidiaries, shareholders, directors, officers, employees, or agents, other than what is set forth in this Agreement.
I understand the hazards of the novel coronavirus (“COIVD-19”) and am familiar with the Center for Control and Prevention (“CDC”) guidelines regarding COVID-19, I acknowledge and understand that the circumstances regarding COVID-19 are changing on a frequent basis and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
14.(a) Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in food and drink consumption, yard games, and any and all activities that take place on the premises.
14.(b) I acknowledge that participation includes possible exposure to COVID-19 and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in any and all activities and hereby release, waive, discharge, and covenant not to sue The Yard and/or Moxie Owl, Inc., their subsidiaries, shareholders, directors, officers, employees, or agents in the event of my illness or death related to COVID-19 arising from my being on the premises and participating in any and all activities at The Yard.
15. I agree to abide by The Yard house rules regarding COVID-19 policies and safety precautions. I acknowledge that any violation of such policies will result in removal from the premises without refund.
I HAVE CAREFULLY READ THE ABOVE WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I DO SIGN IT VOLUNTARILY. I AGREE TO PARTICIPATE KNOWING THE RISKS AND CONDITIONS INVOLVED AND DO SO ENTIRELY OF MY OWN FREE WILL.
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Document Name: The Yard - Waiver
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