In consideration of the risk of injury while participating in axe throwing (the “Activity”) and as consideration for the right to participate in the activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the activity, and do hereby release and forever discharge Vito Amato, located at 4088 Bee Ridge Rd., Sarasota, FL 34233, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, efforts any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss that I may suffer as a direct result of my participation in the aforementioned activity, including traveling to and from an event related to this activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Vito Amato against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Vito Amato incurs any of these types of expenses, I agree to reimburse Vito Amato.
I acknowledge that Vito Amato and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity in behalf of Vito Amato.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE VITO AMATO ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTOURNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BEING A LEGAL ACTION AGAINST VITO AMATO FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Vito Amato, it’s agents and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment of facilities occurs as a result of my or my family’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions or neglect or recklessness.
THIS AGREEMENT WAS ENTERED INTO AT ARMS-LENGTH, WITHOUT DURESS OR COERCION, AND IS TO BE INTERPRETED AS AN AGREEMENT BETWEEN TWO PARTIES OF EQUAL BARGAINING STRENGTH. BOTH THE PARTICIPANT AND VITO AMATO AGREE THAT THIS AGREEMENT SHALL BE DETERMINED TO BE UNLAWFUL OR OTHERWISE UNENFORCEABLE, THE REMAINDER OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT, SO LONG AS THE CLAUSE SEVERED DOES NOT AFFECT THE INTENT OF THE PARTIES. IF A COURT SHOULD FIND THAT ANY PROVISION OF THIS AGREEMENT TO BE INVALID OR UNENFORCEABLE, BUT THAT BY LIMITING SAID PROVISION IT WOULD BECOME VALID AND ENFORCEABLE, THE SAID PROVISION SHALL BE DEEMED TO BE WRITTEN, CONSTRUED AND ENFORCED AS SO LIMITED.