Adult Waiver is located below. This Waiver must be signed and submitted prior to throwing (submit before entry to avoid a wait).
Minor Waivers are to be signed by parent/legal guardian each time a minor throws.
NOTE: MANIAXE THROWING DOES NOT ACCEPT PAPER WAIVERS FOR ADULTS. PLEASE SUBMIT ELCTRONICALLY. MINOR WAIVERS MUST BE SIGNED ON SITE AND IN PERSON BY PARENT OR LEGAL GUARDIAN.
BYW VENTURES, INC. d/b/a MANIAXE THROWING
497 2ND STREET, UPPER FLOOR
MACON, GEORGIA 31201
RELEASE OF LIABILITY, WAIVER AND ASSUMPTION OF RISK
WARNING: BY SIGNING THIS WAIVER YOU ARE WAIVING CERTAIN
LEGAL RIGHTS – PLEASE READ THE DOCUMENT BELOW
BYW Ventures, Inc. d/b/a Maniaxe Throwing, for themselves, their present
and former parent, subsidiaries, affiliates and related companies and each of their
respective present and former directors, officers, shareholders, employees,
volunteers, servants, agents, administrators, trustees, successors and assigns and
any party or parties who claim a right or interest through them (hereinafter, the
RE: Recreational Axe-Throwing (the “Activity”)
The Participation Agreement, Waiver and Release of Liability is entered into
between the undersigned participant “Participant” and BYW Ventures, Inc. d/b/a
Maniaxe Throwing, its directors, owners, employees, volunteers, and facilities
and the owners and lessors thereof, hereinafter referred to as Maniaxe
Throwing, or collectively as “Releasees”).
Participation in the activities of Maniaxe Throwing can be HAZARDOUS
AND PRESENT A DANGER TO THE PARTICIPANT. Participant believes that
he/she is qualified to participate in Activities and if at any time the Participant
believes conditions to be unsafe, he/she will immediately discontinue further
participation in the Activities.
In consideration for being allowed to participate in the Activity on the date as set
out below, which consideration is hereby expressly accepted and acknowledged,
myself on behalf of the Participant, my representatives, heirs, agents,
administrators, trustees, executors, assigns, successors and on behalf of any party
or parties who claim a right or interest through me on behalf of the Participant
(hereinafter, the “Releasor”), I HEREBY RELEASE, AQUIT, AND FOREVER
DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION AND HOLD
HARMLESS the Releasees from any and all claims I may now and/or in the future
may have against the Releases, and from any and all liability, for any personal
injury, death, and/or property damage, expense, and/or loss sustained by the
Participant, Parent or Guardian or incurred on his/her account as a result of the
Participant’s participation in the Activity due to any cause whatsoever, including
but not limited to and without limitation, negligence, gross negligence, willful
misconduct, including the failure to take reasonable steps to safeguard or protect
the Participant from the risk, dangers, and/or hazards of participating in the
Activity, and/or breach of statutory or other duty, including duties arising from
occupier’s liability legislation and further agrees that if, despite this release, the
Participant or any other person makes a claim on the Participant’s behalf against
any of the Releasees, THE UNDERSIGNED WILL INDEMNIFY, SAVE AND
HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LIABILITY,
LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, DAMAGES OR
COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM,
WHETHER ASSERTED BY THE UNDERSIGNED, THE PARTICIPANT, OR
THE RELEASOR ACKNOWLEDGES AND ACCEPTS that the Activity is
inherently risky and dangerous, and exposes the Participant to the possibility of
personal injury, death, property damage and/or loss resulting therefrom. Risks may
arise out of contact and/or participation with other participants, equipment and
other mishaps. Risks may be caused by the Participant’s own actions, the inaction,
the actions or inaction of other participants, the condition of the facilities in which
the Activities take place, and/or THE NEGLIGENCE OF THE “RELEASEES.”
Some Risks cannot be predicted or controlled. There may be other risks and social
and economic losses either not known to me or not readily foreseeable at this time.
THE RELEASOR AGREES AND UNDERSTANDS that in order for the
Participant’s participation in the Activity on the date set out below, he/she must
agree to be bound by the terms of this Release of Liability, Waiver and
Assumption of Risk.
THE RELEASOR AGREES that he/she will be fully responsible for all costs and
expenses that may be incurred in providing any special services to the Participant,
outside of regular services agreed to or provided by the Releasees in connection
with the Activity, and without limiting the generality of the foregoing, agrees to be
responsible for, and to pay for any and all costs relating to special travel, medical
attention, or other special outlay for him/her personally, and to reimburse the
Releasees for all costs of these services as may be incurred by them for his/her
benefit or at his/her request.
IT IS AGREED AND UNDERSTOOD that the Releasor will not make any claim
or take any proceedings against any other person or corporation who might claim,
in any manner or forum, contribution or indemnity in common law or in equity.
IT IS AGREED AND UNDERSTOOD that if the Releasor commences such an
action, or takes such proceedings, and the Releasees are added to such proceeding
in any manner whatsoever, whether justified in law or not, the Releasor will
immediately dismiss the proceedings and/or claims with prejudice. This Release of
Liability, Waiver, and Assumption of Risk shall operate conclusively as an
estoppel in the event of any claim, action, complaint or proceeding which might be
brought in the future by the Participant with respect to the matters covered by this
Release of Liability, Waiver, and Assumption of Risk. This Release of Liability,
Waiver, and Assumption of Risk may be pleaded in the event of any such claim,
action, complaint or proceeding is brought, as a complete defense and reply, and
may be relied upon in any proceeding to dismiss the claim, action, complaint or
proceeding on a summary basis and no objection will be raised the Releasor,
Parent or Guardian in any subsequent action that the other parties in the subsequent
action were not privy to formation of this Release.
THE RELEASOR ACKNOWLEDGES that this Release of Liability, Waiver, and
Assumption of Risk contains the entire agreement between the parties hereto, that
the terms of this Release of Liability, Waiver, and Assumption of Risk are
contractual, are not a mere recital, and any breach of these terms may be enforced
against the Releasor, and may give rise to a damage claim against the Releasor
enforceable by a further legal proceeding. The Releasor further acknowledges that
the Releasees have not made any oral, written or visual representations or
statements that are not otherwise reflected in this agreement.
THE RELEASOR, HEREBY AGREES that this Release of Liability, Waiver, and Assumption of Risk will be governed by
applicable local Laws that any dispute arising from this Release of Liability,
Waiver, and Assumption of Risk will be adjudicated pursuant to the laws of the
State of Georgia.
SEVERABILITY: If any provision of this document is determined to be invalid for
any reason, such invalidity shall not affect the validity of any of the provision,
which other provisions shall remain in full force and effect if this document had
been executed with the invalid provision eliminated.
PHOTOGRAPHS, VIDEOS AND RECORDINGS: I hereby grant Maniaxe
Throwing, its managers, employees, and owners (collectively) non-revocable
permission to capture the participant image and likeness in photographs,
videotapes, recordings, or any other media (collectively “Images”). I acknowledge
that Maniaxe Throwing, will own such Images and further grant Maniaxe
Throwing permission to copyright, display, publish, distribute, use, modify, print
and reprint such Images in any manner whatsoever related to the business of
Maniaxe Throwing including without limitation, publications, advertisements,
brochures, web site images, or other electronic displays and transmissions thereof.
I further waive any right to inspect or approve the use of Image by Maniaxe
Throwing prior to its use. I forever release and hold Maniaxe Throwing
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 use of the Images, including without limitation, claims for invasion of
privacy rights or publicity.
THE UNDERSIGNED RELEASOR HEREBY CERTIFIES THAT I HAVE
COMPLETELY READ AND UNDERSTAND THIS AGREEMENT AND ITS
TERMS. THAT PRIOR TO SIGNING THIS AGREEMENT, I HAVE HAD THE
OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS AGREEMENT. I
AM AWARE, BY SIGNING THIS AGREEMENT THAT I ASSUME ALL
RISKS AND WAIVE AND RELEASE CERTAIN RIGHTS THAT I AND EACH
OF MY HEIRS, NEXT OF KIN, FAMILY, RELATIVES, GUARDIANS,
CONSERVATORS, EXECUTORS, ADMINISTRATORS, TRUSTEES AND
ASSIGNS MAY HAVE AGAINST RELEASEES.
Releasor agrees that this Release of Liability, Waiver, and Assumption of Risk is
valid for current calendar quarter only and Releasor must sign a new Release of
Liability, Waiver, and Assumption of Risk each calendar quarter to participate in