1) AGREEMENT FOR THE WAIVER AND RELEASE OF ALL CLAIMS
I, individually, or as the supervising adult parent, guardian or entrusted caretaker for which I am authorized to execute this document on behalf of the minor child or ward hereby voluntarily agree that in exchange and in consideration for my voluntary participation in all activities upon the premises known as or within the control of TJ’s HATCHET HANGOUT (hereinafter “TJHH”) do hereby knowingly RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO HOLD HARMLESS all aspects of TJ’S HATCHET HANGOUT, its owners, its employees, its agents, its representatives, its successors or assigns and any third party providing services or products or benefits to TJ’s HATCHET HANGOUT, including but not limited to the heirs, estates, or successors or assigns of the above referenced persons or entities affiliated with TJ’s HATCHET HANGOUT and its or their insureds (hereinafter collectively being known as “TJ’S HATCHET HANGOUT” or “TJHH”) and herenow release TJHH from ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, NEGLIGENCE or NEGLIGENT ACTS, PRODUCT DEFECTS, LIABILITIES, DAMAGES, COSTS OR EXPENSES (COLLECTIVELY “CLAIMS OR LOSSES”) that may be suffered or sustained by me or any minor child in my supervision and care as a result of my or our participation in any event or activity upon the premises known as TJ’S HATCHET HANGOUT or my/our use of equipment or facilities provided by TJ’S HATCHET HANGOUT, including, without limitation, CLAIMS OR LOSSES FOR PERSONAL INJURY OR EMOTIONAL INJURY OR STRESS, DEATH, OR LOSS OF OR DAMAGE TO PROPERTY. It is my express intent that this RELEASE, WAIVER, COVENANT NOT TO SUE, AND HOLD HARMLESS shall bind me and the members of my family and spouse, if I am alive, and my heirs, executors, personal representatives and assign if I am deceased, and all legal rights and interests held by any minor child or ward in my care or supervision and his or her heirs, executors, personal representatives and assigns. In signing this RELEASE, WAIVER, COVENANT NOT TO SUE and HOLD HARMLESS, I acknowledge and represent that I have read the foregoing, understand it, and sign it voluntarily, and that no oral representations, statements, or inducements have been made in connection with it and therefore I do so voluntarily for the receiving the benefit of being upon the premises known as TJ’S HATCHET HANGOUT at my own request.
2) ASSUMPTION OF THE RISK
Further, I acknowledge and agree that my right to participate in the activities or services rendered or occurring at the premises of TJHH do present inherent risk of injury and that said risks are knowingly acknowledged and accepted by me or by me as supervising parent, custodian, guardian or caretaker for all minor children or wards in my care and supervision, and that my permission to be present upon the premises of TJHH or voluntarily participate in the activities upon the premises, including axe or hatchet throwing, access to the premises, party rooms, seating, bathrooms, snack bars, or any other location controlled by TJHH is adequate consideration for the release, waiver, covenant not to sue, and hold harmless provided herein, and I knowingly agree that unless I execute this form, I am otherwise not permitted upon the premises at TJHH or receive the benefit of any services, products, or entertainment at or by TJHH. By signing this form, I am ASSUMING ANY AND ALL RISKS, and I fully understand and appreciate the potential dangers, hazards and/or risks inherent in participating in the activities at TJ’S HATCHET HANGOUT and its associated activities and events, which could include but are not limited to the loss of life, serious bodily injury, or loss of or damage to property. My participation in the activities or services at TJ’S HATCHET HANGOUT and its associated activities and events is completely voluntary and at my own risk. I VOLUNTARILY ASSUME ANY AND ALL RISKS ASSOCIATED WITH MY PARTICIPATION OR USE OF THE FACILITIES, INCLUDING WITHOUT LIMITATION, RISK OF PERSONAL INJURY, INCLUDING DEATH, AND LOSS OF OR DAMAGE TO PROPERTY, SKIN TEARS OR NICKS, SPLINTERS, CALLUSES, PINCHES, PUNCTURES, CUTS, BRUISING OR SCRAPS, MUSCLE STRAINS, BROKEN BONES, JOINT/LIGAMENT/TENDON INJURIES, INTERNAL INJURIES, CONCUSSIONS, BACK INJURIES, EYE INJURIES, LOSS OR LIMITATION OF ANY BODY FUNCTION, PERMANENT OR TEMPORARY DISABILITY, RESPIRATORY OR CARDIAC ISSUES, OR ANY OTHER INJURY OR PROPERTY DAMAGE NOT SPECIFICALLY MENTIONED HERE WHICH YOU MAY SEEK RECOVERY AND SUCH RISKS ACCEPTED HEREUNDER ARE FROM SAID INJURIES SUFFERED BY MY OWN HAND, BY THAT OF ANOTHER, OR THAT BY ANY PARTY AFFILIATED WITH TJHH OR ITS INSURERS.
3) INDEMNIFICATION
I FURTHER KNOWINGLY AGREE OR HEREBY KNOWINGLY AGREE WITH SUFFICIENT AUTHORITY ON BEHALF OF ANY MINOR CHILD OR WARD IN MY CARE as supervising parent, custodian, guardian or caretaker for all minor children or wards in my care and supervision, and that my permission to be present upon the premises of TJHH or voluntarily participate in the activities upon the premises, and such permission being sufficient consideration DO NOW AND FOREVER AFTER INDEMNIFY, DEFEND, AND HOLD HARMLESS the TJ’S HATCHET HANGOUTS and its employees or affiliates or insurers as previously identified above in Section 1 from and against any Claims or Losses suffered or sustained by them (including attorneys’ fees and costs), arising out of or connected with my acts or omissions as an attendant at the premises of TJHH or of any third party at or providing services at or to TJHH and its associated activities and events.
4) APPLICABLE LAW AND CONSENT TO JURISDICTION
I FURTHER KNOWINGLY AGREE OR HEREBY KNOWINGLY AGREE WITH SUFFICIENT AUTHORITY ON BEHALF OF ANY MINOR CHILD OR WARD IN MY CARE as supervising parent, custodian, guardian or caretaker for all minor children or wards in my care and supervision, and that the above Waiver and Release, Assumption of Risk, and Indemnification Agreement shall be governed by and construed in accordance with the laws of the State of Florida (specifically the Courts of Lee County, Florida),United States of America, without regard to the conflict of laws rules thereunder. Further, I irrevocably consent to the exclusive jurisdiction for any dispute with TJ’S HATCHET HANGOUT to be the State of Florida, (specifically the Courts of Lee County, Florida), United States of America, and I further agree and expressly consent to the exercise of personal jurisdiction by such courts in connection with any such dispute, including any claim involving TJ’S HATCHET HANGOUT.
5) SEVERABILITY.
I FURTHER KNOWINGLY AGREE OR HEREBY KNOWINGLY AGREE WITH SUFFICIENT AUTHORITY ON BEHALF OF ANY MINOR CHILD OR WARD IN MY CARE as supervising parent, custodian, guardian or caretaker for all minor children or wards in my care and supervision, that should any portion of this agreement for Waiver and Release of ANY AND ALL CLAIMS, Assumption of Risk, and Indemnity Agreement set forth herein are intended to be as broad and inclusive as is permitted by applicable law, and if any provision thereof is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever then the validity, legality, and enforceability of the remaining provisions (including, without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired.
6) RELEASE OF MEDIA RIGHTS, CLAIMS OR COMPENSATION AND LICENSE TO TJ’S HATCHET HANGOUT TO ALL RIGHTS, CLAIMS, OWNERSHIP INTERESTS OF ANY LIKENESS, IMAGE, PHOTO OR OTHER INTELLECTUAL PROPERTY
I FURTHER KNOWINGLY AGREE OR HEREBY KNOWINGLY AGREE WITH SUFFICIENT AUTHORITY ON BEHALF OF ANY MINOR CHILD OR WARD IN MY CARE as supervising parent, custodian, guardian or caretaker for all minor children or wards in my care and supervision, that for sufficient consideration of being permitted at the premises of TJ’S HATCHET HANGOUT or receiving at my voluntary request services or products from TJ’S HATCHET HANGOUT that I hereby release all media rights, claims or compensation to any image, photo, likeness, or other intellectual property of me or the minor child or ward in my care and supervision, and I knowingly and voluntarily release said rights to TJ’S HATCHET HANGOUT to use such image, photo, likeness or other intellectual property in any format and in any venue, advertising, promotion, social media or other device at TJHH deems beneficial to TJHH, and I further agree that such image, photo, likeness or other intellectual property shall belong solely to TJHH or its successors or assigns or affiliates, and such license shall control now and in perpetuity throughout the world, without restriction, including any alteration, and without compensation.
7) REQUEST FOR MEDICAL CARE, SERVICES AND WAIVER OF ANY CLAIMS
I FURTHER KNOWINGLY REQUEST AND PERMIT FOR MYSELF AND WITH FULL AUTHORITY ON BEHALF OF ANY MINOR CHILD OR WARD IN MY CARE as supervising parent, custodian, guardian or caretaker for all minor children or wards in my care and supervision, that TJ’S HATCHET HANGOUT is fully permitted to render or attempt to render any medical care, services, or contact another to render medical care or services to me or any minor child or ward in my care and custody while at the premises of TJ’S HATCHET HANGOUT, and I knowingly waive any claims arising from such medical care or services since said care or services is hereby voluntarily requested by me or for the minor child or ward in my care.
8) AGREEMENT AND WAIVER OF REFUNDS
I FURTHER KNOWINGLY AGREE OR HEREBY KNOWINGLY AGREE WITH SUFFICIENT AUTHORITY ON BEHALF OF ANY MINOR CHILD OR WARD IN MY CARE as supervising parent, custodian, guardian or caretaker for all minor children or wards in my care and supervision, that
a) I or we will obey and comply with all posted signs, rules, or verbal instructions provided to me or us or posted or verbally announced by TJ’S HATCHET HANGOUT or its employees or representatives, including but not limited to not accessing any restricted or closed areas, staff areas, or using any services or products not in operation;
b) I or we will not operate or conduct our activities in a dangerous method or maintain any dangerous activity, including but not limited to using alcohol, drugs, or other items that cause me or my guests to lose control or otherwise restricts the body sensory functions.
c) I or we will immediately report any unsafe behavior or injury or property damages (regardless of how minor) to TJ’S HATCHET HANGOUT and its employees, and I will do so before leaving the premises.
d) I agree that TJ’S HATCHET HANGOUT has EXCLUSIVE AUTHORITY AND RIGHT to revoke my permission to be upon the premises or to use any product or service at TJ’S HATCHET HANGOUT and I FULLY ACKNOWLEDGE AND AGREE THAT NO REFUNDS WILL BE ISSUED TO ME IF I AM ASKED TO LEAVE THE PREMISES.
IMPORTANT REGARDING YOUR LEGAL RIGHTS AND INTERESTS
BY INDICATING MY ACCEPTANCE OF THIS WAIVER AND RELEASE, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I AFFIRM THAT I HAVE READ AND UNDERSTAND THE ABOVE AND FULLY UNDERSTAND AND ACCEPT SUCH TERMS. I UNDERSTAND AND ACCEPT THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR SEEK RECOVERY IN ANY FORM OR TYPE. I FURTHER ACKNOWLEDGE THAT I ENTER INTO THIS KNOWINGLY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE BELOW TO COMPLETELY AND UNCONDITIONALLY RELEASE TJ’S HATCHET HANGOUT FROM AND AGAINST ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW. By completing the information and signing below, I agree to all conditions stated above.
The person signing this document gives Tjs Hatchet Hangout permission for any emergency medical care that the minor may need under the care of Tjs Hatchet Hangout.