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MEMBERSHIP APPLICATION AND LIABILITY WAIVER

Rules and Safety


At Dueling Axes* our number one priority is providing our customers with a safe setting in which to enjoy Dueling Axes uniquely fun experience. It is imperative that all safety rules be followed strictly and at all times. We ALWAYS strive to make our customers’ safety our primary responsibility. Dueling Axes requires all employees and customers to adhere to the following Lane rules and safety instructions.

Setting the Lane Capacity


Dueling Axes reserves the right to set Lane capacity from time-to-time as it deems fit and as safety dictates. During open throwing the Lane capacity may be different than during leagues, tournaments, or other competitions.


Rules

  • Customers must have on clean and dry clothes. No wet clothes allowed.
  • Customers must wear shoes and shirt while in the Dueling Axes facility.
  • Customers may NOT be intoxicated while in the Dueling Axes facility.
  • Customers must follow all rules. Rules are established for Customers’ safety and the safety of spectators, visitors, employees and others in the Dueling Axes facility. Failure to follow the rules may cause immediate ejection from the Dueling Axes facility and forfeiture of all payments and fees paid to Dueling Axes.
  • Dueling Axes reserve the right to refuse service to any person who does not follow the rules or has, be experience, demonstrated reluctance or failure to follow the rules.
  • Customers may bring their own food and beverage, (which may include alcoholic beverages – check the Dueling Axes facility local rules) into the Dueling Axes facility provided the food or beverage does not impair the Customers’ ability to follow the rules. The foregoing notwithstanding, Customers must follow all laws and local ordinances including but not limited to those related to alcoholic beverages.
  • Dueling Axes reserves the right to deny or withdraw service to Customers who abuse the privilege of bringing their own food and/or otherwise do not follow the rules.
  • Customers must always be in control of themselves.
  • Dueling Axes reserves the right to modify, edit, and add additional rules as necessary, written or oral, to provide a safe setting in which to enjoy Dueling Axes’ uniquely fun experience.


The Rules Speech


Every customer that enters the Dueling Axes facility must first hear the “Rules Speech” from a Dueling Axes employee before they enter a Lane. Even if the customer has been to Dueling Axes before, the customer still must hear the Rules Speech. Customers must hear it every time they come back to Dueling Axes.

The Rules Speech:


Hi everyone, welcome to Dueling Axes. My name is  and this is  (if applicable) and we will be your Lane monitors today. Please make sure to read the rules if you have not already. Everyone should have read, agreed to, and signed the Participant Agreement, Release and Assumption of Risk, right? If you haven’t you need to do that right now before I go on. Otherwise, you cannot go to a Lane. Are we good?

I want to remind everyone of a couple things today. The rules have been established to provide a safe setting in which to enjoy Dueling Axes’ uniquely fun experience. Compliance with all rules, whether written or given to you orally by me or any other Dueling Axes agent is mandatory. Failure to abide by the rules may cause injury to you or to others and will result in immediate ejection from the facility.

Lastly, please remember that axe throwing is a physical activity that requires your utmost physical and mental attention to details. You need to be aware of your surroundings at all times. Do not perform tricks and do not engage in activities other than those for which the axe throwing lanes have been established. It can result in serious injury.

Does anyone have any further questions? No? OK. Have a great time guys.

In consideration of the services of Dueling Axes* their successors in interest, owners, officers, affiliates, volunteers, participants, employees, franchisors, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “DUELING AXES”) and other good and valuable considerations the receipt of which I acknowledge is sufficient and received, I hereby release, indemnify, and discharge DUELING AXES, on behalf of myself, my spouse, my children, my wards, my parents, my heirs, assigns, personal representative and estate from any and all claims of whatever nature arising out of or related to participation in activities of any kind at the DUELING AXES facilities including but not limited to the following:
  1. I acknowledge that my participation in a DUELING AXES axe throwing activity entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: Risks include the negligence of other participants or myself resulting in injuries including lacerations, burns, sprains, fractures, scrapes, bruises, cuts, dislocations, pinched fingers, and serious injuries to the feet, arms, legs, hands, head, back, neck, and other body parts which can cause serious physical injury including but not limited to lacerations, concussion, amputation, paralysis, or even death. Axe throwing exposes its participants to the usual risk of cuts and bruises. Other more serious risks exist as well. Participants could fall, drop equipment, sprain or break, bruise, or cut fingers, wrists, ankles and legs, and can suffer more serious injuries as well. Traveling to and from Lane locations raises the possibility of any manner of transportation accidents. Participants must acknowledge these dangers and participation in axe throwing must be done at the participant’s own risk. In any event, if I or my child is injured, I or my child may require medical assistance, at my own expense. Furthermore, DUELING AXES employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. I specifically release and hold DUELING AXES harmless from any and all claims arising from these risks.
  2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to provide immediate written notice to DUELING AXES if I become aware of any injury or damage to myself, another person, or any property and in any event shall provide such written notice at the latest, before I leave the DUELING AXES facility on the date during which the injury or damage occurred. I will complete and sign a Witness and/or Injured Person’s Statement of Accident on a form to be provided to me by DUELING AXES before I leave the DUELING AXES’ facility if I am injured or witness any injury to person or property.
  3. I acknowledge that Dueling Axes may sell alcohol on the premises or alcohol may be consumed at the Dueling Axes facility. I acknowledge that Dueling Axes, their successors in interest, owners, officers, affiliates, volunteers, participants, employees, franchisors, and all other persons or entities acting in any capacity on their behalf are not responsible or liable for any alcohol related damages to myself, my child, or third parties, to include but not limited to, property damage, personal injury, death, disfigurement or loss of consortium. I acknowledge that I am solely responsible for any and all damages suffered by me or that I may cause to third parties that may result from or be related to alcohol consumption to include but not limited to, property damage, personal injury, death, disfigurement or loss of consortium.
  4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless DUELING AXES from any and all claims, demands, or causes of action, which I may sustain while on the premises or are in any way connected with my participation in DUELING AXES activities or my use of DUELING AXES' equipment or facilities including any such claims which allege negligent acts or omissions of DUELING AXES.
  5. Should DUELING AXES or anyone acting on behalf of DUELING AXES, be required to incur attorney's fees and costs to enforce this agreement, including to defend or respond to any claim which I have waived or from which I have released DUELING AXES hereunder, I agree to indemnify and hold DUELING AXES harmless for all such fees and costs.
  6. I certify that I have adequate insurance to cover any injury or damage I , or my child, may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

In the event that I file a lawsuit against DUELING AXES, I agree to do so solely in the state of Ohio in state or federal courts for Delaware County, Ohio which I agree is the proper jurisdiction and venue for any action, and I further agree that the substantive law of Ohio shall apply to that action without regard to the conflict of law rules of any state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

PARENT'S OR LEGAL GUARDIAN'S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18) In consideration of (print up to four minors’ names/birthdates below of SAME parent or legal guardian)

(“Minor”) being permitted by DUELING AXES to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless DUELING AXES from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor, including but not limited to those claims which allege negligent acts or omissions of DUELING AXES, to the fullest extent permitted by law. I further certify that I am the parent or legal guardian of Minor and I have the power and authority to sign this agreement on behalf of and to bind Minor to the terms hereof.

* “Dueling Axes” means and includes all and any of the entities, wherever registered, under the Dueling Axes family of business operations including corporations and limited liability companies dueing business as “Dueling Axes”.



By proceeding with the waiver form below, you agree that you have read the waiver details above.
'S NAME
'S BIRTHDAY
'S HOME ZIP CODE
'S GENDER
'S GENDER

RELATIONSHIP TO PARENT OR GUARDIAN

'S ROLE FOR EVENT
ADDITIONAL MINORS

PARENT OR GUARDIAN'S NAME

PARENT OR GUARDIAN'S PHONE NUMBER

PARENT OR GUARDIAN'S BIRTHDAY

PARENT OR GUARDIAN'S EMAIL ADDRESS

'S PHONE NUMBER
'S ROLE FOR EVENT
'S EMAIL ADDRESS

E-SIGNATURE
First Name must match exactly as the First Name field above.
Last Name must match exactly as the Last Name field above.

'S NAME
'S BIRTHDAY
'S HOME ZIP CODE
'S GENDER
'S GENDER

RELATIONSHIP TO PARENT OR GUARDIAN

'S ROLE FOR EVENT