PLEASE READ CAREFULLY
PARTICIPATION AGREEMENT
(Legal Guardian or Individual over the age of 18) INHERENTLY RISKY RECREATIONAL ACTIVITY - MAY RESULT IN INJURY, DEATH OR PARALYSIS - ENTER AT YOUR OWN RISK
THIS PARTICIPATION AGREEMENT ("Agreement") is made and is effective as of the last date executed (hereinafter the "Effective Date") by and between BIG EAGLE VENTURE,
LLC (hereinafter "TAA") and the adult or guardian identified (hereinafter "Adult"), who is executing this Participation Agreement personally, and on behalf of themselves and any minor children specified below (the Adult and any minor children on whose behalf Adult signs this Agreement are collectively referred to hereinafter as the "Participants"). TAA and Participants are collectively referred
to hereinafter as the "Parties."
WHEREAS, TAA owns/leases and/or operates a recreational axe throwing facility located at 1656 South Broad Street, Commerce GA 30529 (hereinafter the "Facility"); and
WHEREAS, TAA makes the Facility available to customers solely for recreational use and enjoyment, not as a service to the general public; and
WHEREAS, Participants desire to participate in the recreational axe throwing activities available at the Facility; and
WHEREAS, Participants know, understand, and acknowledge that participation in the axe throwing activities available at the Facility is purely voluntary, not essential or necessary, and intended solely for recreational enjoyment; and
WHEREAS, Participants know, understand, and acknowledge that axe throwing and the use of the axe throwing facilities and equipment, services, activities, or presence at the Facility (collectively "Use of Facility"), constitutes an inherently risky recreational activity that is likely to result in serious injury (such as paralysis and death), damage to property, and injury to third parties; and
WHEREAS, TAA will not make the Facility available to Participants unless Participants are willing to take personal responsibility for any and all known and unknown injuries to Participants, damage to property, and injuries to third parties that may result from Participants' voluntary participation in the recreational activities available at the Facility and any of the other causes identified hereinafter.
NOW THEREFORE, in consideration of the premises and the mutual covenants, conditions, representations, and agreements contained herein, as well as the cost of admission to the Facility, the Parties hereby agree as follows:
1. Waiver and Release of Liability
To participate in the Use of Facility, all Participants, on behalf of themselves, and their parents, spouses, children/wards, heirs, assigns, representatives, estates, successors, attorneys, insurers, and all other persons, firms, partnerships or corporations connected therewith (collectively referenced to hereinafter as the "Releasing Parties"), forever, finally, fully, permanently and unconditionally waive, release, acquit and discharge TAA, and its present and former employees, the owners, members, principals, directors, subsidiaries, affiliates, representatives, predecessors, successors, shareholders, partners, parents, officers, agents, assigns, servants, attorneys, insurers, suppliers, manufacturers, clients, customers, participants, and all other persons, firms, partnerships or corporations connected therewith (collectively referenced to hereinafter as the "Released Parties"), to the fullest extent permitted by law, from any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses,
expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' Use of Facility at TAA, and any claims for costs, expenses and attorneys' and expert fees associated therewith.
Releasing Parties know, understand and acknowledge and agree that the use of TAA equipment or participation in any of the services, axe throwing activities, or presence at the Facility (collectively "Use of
Facility"), constitutes an inherently risky recreational activity that may result in serious injury (such as serious bodily injury, paralysis and even death), injury to third parties, and damage to property. Releasing Parties know, understand and acknowledge that these risks include, but are not limited to: misuse of axes and injury to oneself or others, falling off equipment, collision with fixed objects and/or people, sudden and unforeseen malfunction of equipment, impact with an axe, and failed attempts with any activity. Releasing Parties hereby assume the risk both known and unknown of personal injury or death, paralysis, injury to third parties, and damage to property that arise out of or relate in any way to Participants' past, present or future Use of Facility.
To the extent allowed by law, the Releasing Parties hereby indemnify and covenant to hold harmless and defend Released Parties from any and all charges, passive and active negligence, claims, debts, disputes, demands, suits, causes of action, rights of action, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' Use of Facility, or based on or arising out of any breach of this Agreement, its covenants, representations, or warranties by the Releasing Parties, and any claims for costs, expenses and attorneys'/expert fees associated therewith.
4. Fitness to Participate
Participants represent that they: (i) Are in good health, and in proper physical condition to participate in the Use of Facility and axe throwing activities at TAA; (ii) Are NOT under the influence of alcohol, illicit, legal, illegal or prescription drugs that impair their ability to safely participate in the Use of Facility in ANY way and with ANY activity at the Facility; (iii) Do NOT have ANY pre existing conditions which would make Participants unfit to participate in the Use of Facility and ANY activity at the Facility. It is the sole responsibility of all Participants to determine the sufficiency of health, fitness, and ability to participate in the Use of Facility and ANY activity at TAA.
Releasing Parties hereby covenant not to sue Released Parties on account of any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Released Parties or otherwise, that arise out of or relate in any way to Participants' Use of Facility, and any claims for costs, expenses and attorneys' fees associated therewith
6. Representations, Warranties, and Further Assurances
Adult represents and warrants that she/he was given ample opportunity to readand review this Participation Agreement. Adult further represents, warrants, and covenants (a) that Adult is the parent or legal guardian of the minorParticipants, (b) that Adult has and will maintain adequate medical or other insurance (to include paying out of pocket costs in the event that the injured is not properly insured) to cover and pay for any possible injury that may occur to Participants and/or third parties ("Insurance") that arise out of or relate in any way to Participants' presence at TAA, participation in any of the activities at the Facility, or Use of Facility at TAA ("Injury Event"); and (c) that in the event of any Injury Event, the Insurance shall be used as the primary insurance and shall cover all costs, expenses, losses, and damages related to injuries arising from or connected in any way to Use of Facility or such injury Event, without any rights of subrogation. Participants further represent and warrant that they HAVE read and MUST follow the rules of the Facility as amended from time to time, and will cause other Participants (including minor children) to follow such rules, including without limitation the safety video rules, rules conveyed orally, and any rules posted on signs within TAA.
This Participation Agreement constitutes the entire and only agreement and understanding between the Parties with respect to the subject matter herein and may not be altered, enlarged, or abridged except by an agreement in writing executed by all of the Parties hereto.
8. Severability
All the provisions of this Participation Agreement shall be considered as separate terms and conditions. In the event that any provision herein is determined to be invalid, prohibited, or unenforceable by a court or other body of competent jurisdiction, this Participation Agreement shall be construed as if such invalid, prohibited, or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited, or unenforceable. Not withstanding the foregoing two sentences, in the event that any of the provisions of this Participation Agreement should be determined to be invalid, prohibited or unenforceable, the validity, legality and enforceability of the remaining provisions contained in this Participation Agreement shall not in any way be affected or impaired thereby.
9. Choice of Law and Jurisdiction
This Participation Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to any conflict of laws or rules of another state. Releasing Parties explicitly know, understand and acknowledge that the laws of the State of Georgia may be more likely to recognize the validity and enforceability of the terms.
10. Attorney Fees for Breach of this Participation Agreement
In the event either Party hereto defaults in any of the covenants or agreements contained herein, the non-prevailing Party shall pay all costs and expenses, including reasonable attorneys' fees and expert fees, incurred by the prevailing Patties as a result of this default.
11. Acknowledgment of the Rules
Participants understand that in order to be present at or participate in Use of Facility at TAA or any portion
thereof, Participants must complete all of the following: (1) sign this Agreement; (2) watch any safety videos and (3) read and abide by the rules and regulations prescribed by the Facility. Additionally, Participants agree that Participants will ensure any guest Participant brings to TAA signs TAA’s standard release form and completes the other steps required for Use of Facility at the Facility or any portion thereof. Participants understand that Participants are responsible for any guests Participants bring to TAA, and therefore agree to indemnify the Released Parties for any liability arising out of Participants' guest's visit to or Use of Facility at TAA or any portion thereof. All Participants MUST READ, UNDERSTAND and FOLLOW all TAA rules as amended from time to time. By signing this Agreement you are representing and warranting that you have READ, UNDERSTAND and WILL FOLLOW ALL RULES as amended from time to time.
12. Video, Photo, and Image Release; Data Storage and Use
The Agreement gives TAA the exclusive rights and permissions to use all media captured on the TAA premises, including but not limited to: security footage, photos, and video. Such information may be used for any and all purposes including but not limited to publication in both printed and electronic/social media, internet, websites, advertisement, and other promotional uses. In the event Participants choose to provide such data, TAA may collect and store data that includes sensitive and personally identifiable information. This includes, for example, names, contact information (such as an address, e-mail, or phone number), and dates of birth. TAA may use this data to help towards development of new services or to improve existing services, to provide advertising and other information to Participants (including e-mails about special offers, new services, or other information that may be of interest to Participants), or for any lawful business purpose, or to allow TAA business partners to do the same. TAA also reserves the right to access, use, and share Participants' personally identifying information with others for purposes of health, safety and other matters in the public interest. TAA may also provide access to its database or stored data in order to cooperate with investigations or legal proceedings initiated by governmental and/or law enforcement officials, as well as private parties, including, for example, in response to subpoenas, search warrants, court orders, or other legal process.
13. Subsequent Visits
This Agreement shall apply to ALL of Participants' future visits to
TAA.
IN WITNESS WHEREOF, the Adult has signed this Participation Agreement as of the Effective Date.
Any minor must have his or her parent or legal guardian sign this Agreement before that minor can participate in any activities or Use of Facility at TAA. TAA may rely completely on the representation made by an individual who claims to be the parent or guardian of a participant and shall not be obligated to independently verify whether or not such individual is in fact the parent or legal guardian of the participant. By signing this Agreement for yourself without a parent or guardian also signing, you are representing to TAA that you are at least 18 years of age and that you agree to all of the above terms and conditions.
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