The Yard Albany

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.

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.

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:

    • All players for axe-throwing must wear closed-toe shoes. Those not wearing closed-toe shoes will not be permitted to play.
    • Players must exercise common sense and play responsibly.
    • Only one person per lane allowed in the throwing zone (demonstrated by a marked throwing box at each lane).
    • Players must maintain eyes on the target and throw at the target. No trick shots are permitted, and no double-handed or underhanded throwing will be permitted.
    • Axes can only be retrieved after both participants throw.
    • Axes may never be retrieved before opponent throws.
    • After your turn, to return the axe to the holder. No hand-offs, please.
    • Axes are not to be taken out of pit area and are always to be handled in a safe manner.
    • Each player must wear a colored wristband and must keep the wristband on AT ALL TIMES during his/her scheduled play time. Any player that removes the wristband prior to the completion of his/her throwing time will not be permitted to continue play.
    • No liquor may be consumed during your axe-throwing time, and no liquor will be served to you during that period. This rule is strictly enforced. Any player that violates this rule will be ejected from further play.
    • Players are welcome to order beer/wine/cider/soft drinks during his/her axe-throwing time. At the conclusion of play, each player may remove his/her wristband and is free to order any beverage offered at our bar.
    • No beverages will be permitted inside the cage. All beverages must remain outside on the tables provided for your cage.
    • If you are visibly intoxicated, the management and/or employees reserve the right to terminate your axe throwing immediately, at their discretion.
    • You agree to wear a mask each and every time you enter the cage(s) for axe-throwing, and shall keep the mask on while engaged in axe-throwing. You agree to wear a mask while playing lawn games. You further agree not to remove the mask or otherwise uncover your mouth/nose until such time as you are seated at the table assigned to your group. You understand that you must wear a mask at all times, unless you are seated, and/or eating/drinking.
    • You agree to hand-sanitizer prior to touching any axe(s) provided by The Yard. You understand that you may be asked to use hand-sanitizer multiple times throughout your play time, and you agree to use the hand-sanitizer whenever asked to do so by The Yard, its staff or employees. You shall maintain a distance of at least 6 feet from others not within your group/party, and you shall comply with any requests made by The Yard, its staff or employees, to adhere to the social distancing protocols.
    • You agree that violating any of the above rules or by putting yourself or anyone else in harm’s way will result in termination of your axe throwing or lawn play time without a refund, and/or removal from 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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The Yard Albany https://theyardalbany.com
Signature Certificate
Document name: The Yard - Waiver
lock iconUnique Document ID: 6eed0e180381bfa282a4a3a24a863d967e3a5bd2
Timestamp Audit
January 9, 2020 9:56 pm EDTThe Yard - Waiver Uploaded by Leyla Kiosse - info@theyardalbany.com IP 108.44.38.28
January 9, 2020 11:31 pm EDTLeyla Kiosse - info@theyardalbany.com added by Leyla Kiosse - info@theyardalbany.com as a CC'd Recipient Ip: 108.44.38.28
January 10, 2020 4:36 pm EDTLeyla Kiosse - info@theyardalbany.com added by Leyla Kiosse - info@theyardalbany.com as a CC'd Recipient Ip: 2604:6000:1115:82d4:385f:80c4:8a85:dd1d
January 26, 2020 6:18 pm EDTLeyla Kiosse - info@theyardalbany.com added by Leyla Kiosse - info@theyardalbany.com as a CC'd Recipient Ip: 108.44.38.28
February 8, 2020 3:44 pm EDTLeyla Kiosse - info@theyardalbany.com added by Leyla Kiosse - info@theyardalbany.com as a CC'd Recipient Ip: 108.44.38.28
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February 23, 2020 2:42 pm EDTLeyla Kiosse - info@theyardalbany.com added by Leyla Kiosse - info@theyardalbany.com as a CC'd Recipient Ip: 108.44.38.28
July 3, 2020 11:25 am EDTLeyla Kiosse - info@theyardalbany.com added by Leyla Kiosse - info@theyardalbany.com as a CC'd Recipient Ip: 108.44.38.28
July 3, 2020 11:30 am EDTLeyla Kiosse - info@theyardalbany.com added by Leyla Kiosse - info@theyardalbany.com as a CC'd Recipient Ip: 108.44.38.28