307 Hatchet House Assumption of Risk, and Release of Liability
HATCHET THROWING IS DANGEROUS-
PLEASE READ CAREFULLY
307 Hatchet House, LLC, d/b/a 307 Hatchet House (“We” or “Us”) is a hatchet-throwing facility that allows participants to participate in hatchet-throwing and arcade-style games (the “Activity” or “Activities”). The person(s) listed below (“You”) desires to participate in the Activities, including but not limited to, hatchet-throwing and hatchet-throwing lessons, or to be present in the facility where Activities are occurring. As lawful consideration for the intangible value that You will gain by being permitted by Us to participate in the Activities on its premises, You agree to all the terms and conditions set forth herein.
Inherent risks are those risks that cannot be eliminated without changing the nature of the activity. As with all activities, there are inherent risks of injury at 307 Hatchet House. We have acted to limit the risk of injury, but the nature of the Activities has inherent risk. Some risks include, but are not limited to:
1. Hatchet-throwing risks: Being hit by a hatchet - thrown or held - due to participant or staff inattentiveness, neglect, failure to follow instructions, incorrect throwing or playing techniques, errors in judgment, inadequate training, or purposeful or accidental assault or harassment by a participant.
2. Human error risks: Erratic or negligent actions by other participants and/or staff; failure to follow instructions, inadvertent inattentiveness, incorrect throwing or playing techniques, errors in judgment, use or excessive use of intoxicating substances, failure to adequately train participants, judgment errors in emergency care, and the lack of medical personnel on the premises.
3. General facility risks: Slips, falls, or trips due to uneven pavement or flooring, wet, icy, or slippery surfaces, or hatchets or other items left on the floor; falling targets and/or construction components.
Types of Injury: Because of the inherent risks involved in the Activities, You may suffer significant injuries by engaging in the Activities. These include: loss of vision or hearing, permanent disabilities, heart attack, stroke, paralysis, or death; broken bones, joint/ligament/tendon injuries, internal injuries, lacerations, concussions, back injuries, and eye injuries; and hand injuries (splinters, calluses, skin tears, pinches, punctures, and cuts), bruises and scrapes, and muscle strains.
Assumption of Inherent Risks:
You acknowledge that You have read the above warning regarding the nature of the Activities and their associated risks. You affirm that:
1. You understand the demands of hatchet throwing relative to Your skill level and health condition;
2. You understand the types of injuries that may occur as a result of the Activities and are not relying on Us to list all of the potential associated risks; and
3. You understand the potential impacts of the risks on Your well-being, lifestyle, and potential future career.
You hereby assert that your participation is voluntary and that you knowingly assume all inherent risks, both known and unknown.
You agree that You will follow all posted instructions, will act in a safe and prudent manner toward Yourself and others at the facility, will not consume alcohol to a point where Your decisions, vision, coordination, skill or safety actions are impaired to the slightest degree, and will not use or be under the influence of any controlled substance or medications that would impair their ability to be safe in any way.
Waiver of Liability for Negligence:
In consideration of permission for You to use the facility and services and participate in Activities, today and on all future dates, You, on behalf of Yourself, Your spouse, heirs, personal representatives, assigns, or others making a claim on behalf of You, do hereby release, waive, discharge, and covenant not to sue Us, Our owners, directors, officers, employees, members, lessors, lessees, volunteers, independent contractors, equipment providers, and agents ("Protected Parties") without qualification or limitation from liability from any and all claims arising from:
(1) The negligence of Us or other Protected Parties,
(2) Your presence on Our premises,
(3) Any inherent risks, whether perceived or not, and
(4) Any and all liability from personal injury, death, property damage, expense, and/or loss sustained by You as a result of being at the facility or engaging in the Activities.
This Assumption of Risk and Waiver of Liability also applies to, but is not limited to, any/all claims resulting from the damage to, loss of, or theft of property. You hereby release Us from any claims and rights that You have now against Us and/or any claims You may have in the future.
You agree to assume all risks, known and unknown, related to consuming alcohol prior to or during Your participation in the Activities and agree to be fully responsible and liable for all claims, demands, damages, losses, injures, liabilities, obligations, costs, or expenses of any kind which may arise due to Your consumption of alcohol.
Image or Likeness Participation:
You hereby grant Us non-revocable permission to capture Your image and likeness in photographs, videotapes, recording or any other media (collectively, the “Images”). You acknowledge that We will own such Images and further grant Us permission to copyright, display, publish, distribute, use, modify, and print such images in any manner whatsoever related to Our business, including without limitation, publications, advertisements, brochures, websites, or other electronic displays and transmissions thereof. You further waive any right to inspect or approve the use of the Images prior to their use. You forever release and hold Us harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever, and waive any and all claims and causes of action relating to the use of the Images, including without limitation, claims for invasion of privacy right or publicity.
1) I have read this form in full and understand the waiver, the rules, and the obligations imposed on me. I acknowledge that I, or any participants in my party, are not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs, to a degree which may affect or impair motor skills, judgment, or general ability to think clearly.
2) I agree to obey all rules, all posted signs, stay out of prohibited areas, and alert the staff to any rule violations or dangerous behavior of any other participants.
3) I will inform 307 Hatchet House of any injury (even minor injuries) prior to leaving the facility.
4) I give the You authority to secure help and/or administer emergency first aid, when deemed necessary and give You authority to secure emergency medical care/transportation, and I agree to assume all costs of care and transportation.
5) I understand that I am to cease activity immediately and inform staff if I feel any unusual discomfort or serious injury.
6) I agree that if, despite the contents of this Agreement and my covenant not to sue, legal action is brought, the appropriate trial court in Wyoming has the sole and exclusive jurisdiction and that only the substantive laws of the State of Wyoming shall apply without application of principles that would apply the law of another jurisdiction.