The individual listed under “Participant Information” (referred to as “Participant”) on this Release of Liability, Waiver, and Assumption of Risk Agreement (this “Agreement”) desires to participate in axe throwing, or be present in the facility where it is occurring, (the “Activity”) provided by TJS, LLC., a South Dakota corporation located at 3016 W. 57th St., Sioux Falls, SD 57108, d/b/a JJ's Axes & Ales (the “Company”). As lawful consideration for the intangible value that Participant will gain by being permitted by the Company to participate in the Activity, Participant agrees to all the terms and conditions set forth herein.
PARTICIPANT IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. 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 OR INACTIONS, THE ACTIONS OR INACTIONS OF OTHER PARTICIPANTS, THE CONDITION OF THE FACILITIES IN WHICH THE ACTIVITIES TAKE PLACE, AND/OR THE NEGLIGENCE OF THE RELEASEES (AS DEFINED BE-LOW). PARTICIPANT ACKNOWLEDGES THAT ANY INJURIES THAT PARTICIPANT SUSTAINS MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY OPERATIONS OF THE COMPANY. PARTICIPANT ACKNOWLEDGES THAT HE OR SHE IS QUALIFIED TO PARTICIPATE IN THE ACTIVITIES AND IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, OTHER PARTICIPANTS IN THE ACTIVITY, OR OTHERWISE.
Participant is aware and understands that all alcohol must be authorized and provided by the Company and outside alcoholic beverages are not permitted on the premises. Participant agrees to assume all risks, known and unknown, related to consuming alcohol prior to or during Participant’s participation in the Activities and agrees to be fully responsible and liable for all claims, demands, damages, losses, injuries, liabilities, obligations, costs, or expenses of any kind which may arise due to Participant’s consumption of such alcohol.
Participant acknowledges and accepts that in order for the Participant’s participation in the Activity on the date set out below, the Participant must agree to be bound by the terms of this Agreement.
Participant hereby expressly waives and releases any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to the Activities, whether arising out of the negligence, gross negligence, willful misconduct, including 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 duties, including duties arising from premise liability, of the Company or any Releasees or otherwise. Participant covenants not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims, including any claims for contributory negligence. This Agreement shall operate conclusively as an estoppel in the event of any claim, action, complaint, or proceeding which might be brought in the future by this Participant with respect to the Activity or other matters covered by this Agreement. This Agreement may be pleaded in the event 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 by the Participant or anyone else on behalf of the Participant in any subsequent action that the other parties in the subsequent action were not privy to formation of this Agreement.
Participant shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim, whether asserted by the Participant or by a third party, related to Participant’s involvement in the Activities.
This Agreement constitutes the sole and entire agreement of the Company and Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. The terms of this Agreement are contractual, are not a mere recital, and any breach of the terms of this Agreement may be enforced against Participant and may give rise to a damage claim against the Participant enforceable by a further legal proceeding. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and Participant and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of South Dakota without giving effect to any choice or conflict of law provision or rule (whether of the State of South Dakota or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Minnehaha County, South Dakota, and Participant hereby consent to the exclusive jurisdiction of such courts.
Participant hereby grants the Company nonrevocable permission to capture the Participant’s image and likeness in photographs, videotapes, recording, or any other media (collectively, the “Images”). Participant acknowledges that the Company will own such Images and further grants the Company permission to copyright, display, publish, distribute, use, modify, and print such Images in any manner whatsoever related to the Company’s business, including without limitation, publications, advertisements, brochures, websites, or other electronic displays and transmissions thereof. Participant further waives any right to inspect or approve the use of the Images by the Company prior to its use. Participant forever releases and holds the Company harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever, and waives any and all claims and causes of action relating to the use of the Images, including without limitation, claims for invasion of privacy rights or publicity.