Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement.
Please read carefully and be certain you understand the implications of signing
1. I fully understand and appreciate the inherent risks associated with the throwing of, or use of, axes of any size or kind; the potential dangerous nature associate with the throwing of, or use of, axes of any size, or kind; the potential hazardous risk associated with the throwing of, or use of, axes of any size or kind; and/or the potentially dangerous environment than can be caused to myself, and/or to others, from the misuse, or throwing of axes of any size or kind. These risks from the activities listed in this section could include risk of serious/minor injury, scarring, loss of an important bodily function, permanent disability, or death, and may cause severe/minor social or economic losses due to not only my own actions, inaction, or negligence, but also to the actions, inaction, or negligence of others, or conditions of the premises or of any equipment used. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time.
2. I state that I will be voluntarily engaging in activities that involve axes, and I am not under any undue influence or coercion. I believe that I am physically, emotionally, and mentally able to participate in axe throwing. I am not under the influence of alcohol or any drugs or medications that impair my mental/physical ability to participate.
3. I will immediately remove myself from participation, and notify the nearest staff member if at any time I sense or observe any unusual hazard or unsafe condition, or if I feel that I have experienced any deterioration in my physical, emotional, or mental fitness for continued participation.
4. I assume all the foregoing risks and accept personal responsibility for the damages following such injury, temporary/permanent disability, or death.
5. I release from, waive and discharge all actions, claims, or demands, to the extent permitted under Rhode Island law, that I, my assignees, heirs, guardians, and legal representatives now have or hereafter have for damage or losses on account of injury, including permanent disability and death or damage to property, caused or alleged to be caused in whole or in part by the negligence or other acts of R1 INDOOR KARTING LLC, its subsidiaries, shareholders, directors, officers, employees or agents, as a result of my participation in any axe throwing related activities. I hereby agree and covenant to save and hold harmless, indemnify, and defend any claims against R1 INDOOR KARTING LLC, its subsidiaries, shareholders, directors, officers, employees or agents, as a result of my participation in any axe throwing related activities.
6. I agree that neither myself, nor my assignees, heirs, guardians, and/or legal representatives will bring any legal action against R1 INDOOR KARTING LLC, its subsidiaries, shareholders, directors, officers, employees or agents, as a result of my participation in any axe throwing related activities, unless such action involves gross negligence or is otherwise based on a right that is prohibited from being waived under Rhode Island law.
7. I agree and understand that the staff and/or owners of R1 INDOOR KARTING LLC reserve the right to suspend or cancel any axe throwing related activities at any time for any reason.
8. I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or videotaping without payment or any other consideration. I understand that my image may be videotaped, edited, copied, exhibited, published, or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording.
9. Further, I agree that by signing this waiver I will forgo using any personal photographs, pictures, videos, or other recorded media taken in, on or around any R1 INDOOR KARTING LLC premises for any unlawful use that would directly, or indirectly, infringe upon R1 INDOOR KARTING LLC proprietary rights, specifically, but not limited to, using any recorded media such as photographs, videos, or voice recordings, for any personal or professional monetary gain, for any personal or professional promotional uses, for any advertising purposes, or for any other type of use that would cause public confusion as to the proprietary ownership of R1 INDOOR KARTING LLC business operations.
10. For standard bookings or walk-in sessions, I understand and agree that all of the above waiver, release and assumption of risk information will remain on file but will not apply to subsequent visits and/or sessions.
11. For league play, I understand and agree that all of the above waiver, release and assumption of risk will remain on file and apply to the entirety of the current league season and will apply whenever I am on any R1 INDOOR KARTING LLC premises.
12. SEVERABILITY. The undersigned expressly agrees that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Rhode Island, and that if any portion thereof is held invalid, it is agreed that the remainder of the agreement shall, notwithstanding, continue in full legal force and effect.
13. MEDIATION AND ARBITRATION. I agree that before bringing any claim against R1 INDOOR KARTING LLC, that I will first submit to mediation. I agree that any dispute relating to, referring to, involving or pursuant to this Agreement of release of liability, waiver, assumption of risk and indemnity shall be resolved exclusively by binding arbitration according to the rules of the American Arbitration Association. Such proceedings will be governed by substantive law of the State of Rhode Island, excluding any application or consideration of the Arbitration Act of the State.
14. FORUM SELECTION. I agree that any dispute arising out of this agreement, including any claims asserted that fall under section 12 above may only be brought in the State of Rhode Island. I also agree that the venue for any mediation, arbitration or any other action will be Providence, Rhode Island.
WARNING! By entering into this agreement, I am not relying on any oral or written representations or statements made by other Releases, other than what is set forth in this agreement. This agreement forms the entire agreement between myself and R1 INDOOR KARTING LLC
DO NOT under any circumstances sign this waiver if you do not feel you can fully, competently, emotionally, and mentally adhere to each and every article above.
If you do not agree to every article above, and therefore cannot participate, R1 INDOOR KARTING LLC will reimburse the cost of the session or event.
I HAVE CAREFULLY READ THE ABOVE WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I DO SIGN IT VOLUNTARILY. I AGREE TO PARTICIPATE KNOWING THE RISKS AND CONDITIONS INVOLVED AND DO SO ENTIRELY OF MY OWN FREE WILL. I ACKNOWLEDGE READING THE RULES AND REGULATIONS OF THE AXE THROWING FACILITY AND AGREE TO ABIDE BY THEM.
minors must be sign with parent or legal guardian.
Please select who will be participating:
First Minor's Information
Second Minor's Information
Third Minor's Information
Fourth Minor's Information
Fifth Minor's Information
Sixth Minor's Information