THE
RANGE THROWING RELEASE OF LIABILITY
Definitions
referred to and used in this release and by any person at The Range.
Participant:
Any customer or guest on the range premises, including, minors or guests who do
not actually throw any items and or participate in any paid or unpaid activities
The Range:
Any part of the facility and premises
including but not limited to where any activity is conducted be it inside
or outside.
Throwing:
The sport of axe tomahawk and knife throwing or any throwing activities held at The Range.
Implements-Axe: Any form shape design size or style of hatchet,
axe, tomahawk or any style of knife that has a handle and a point referred to
as an Axe, Tomahawk, Hawk or Knife used at The Range.
The
Range is a hawk knife and axe-throwing facility that allows customers to participate in
throwing activities and games.
I HEREBY
ACKNOWLEDGE AND AGREE the activity I engage in here at The Range, its implements
and all throwing has inherent risks and dangers as with all activities cannot be
eliminated without changing the nature of the activity.
I agree that
I am voluntarily participating in the throwing activities and using the throwing
items, The Range premises, and assume all risks associated with this throwing sport
and the facilities, and have had any questions about the same explained to me,
including by but not limited to:
General
facility risks: All manner of injury from slips, falls, or trips due to
uneven pavement or flooring, wet, icy, or slippery surfaces, tripping over items
whether permanently or temporarily in place or left on the floor, a falling
target and/or construction components resulting from activities on or near the
range.
Axe
throwing risks: being hit by an axe - thrown or held - due to participant
or staff inattentiveness, neglect, failure to follow instructions, incorrect
throwing or playing techniques, bounce backs or trying to catch throwing
implements, errors in judgment, inadequate training, or purposeful or
accidental assault and battery by a participant.
Human
error risks: Erratic or negligent actions and injuries resulting from thrown,
handled or dropped items, such as, but not limited to, knifes, tomahawks, axes,
hatchets, shovels. Failure to follow instructions inadvertent inattentiveness,
incorrect throwing or playing techniques, errors in judgment, judgment errors
in emergency care.
Types of
Injury: All Participants must understand three categories of injuries that
may occur as a result of these inherent risks. The most common are minor
injuries, which include but are not limited to hand injuries (splinters,
calluses, skin tears, pinches, punctures, and cuts), bruises and scrapes, and
muscle strains. Major injuries include, but are not limited to, broken bones,
joint/ligament/tendon injuries, internal injuries, concussions, back injuries,
and eye injuries. Catastrophic injuries, though very rare, include but are not
limited to: loss of vision or hearing, permanent disabilities, heart attack,
stroke, paralysis, or death.
Assumption of Inherent Risks:
I further acknowledge that the above list is not inclusive of all possible risk
associated with the sport of throwing or any sport and that the above list in no way limits
the extent of this waiver and covenant not to sue. I voluntarily choose to use the
range facilities and equipment, and agree as follows:
To waive and
release any and all claims that I have or may have now or in the future against
The Range including the owner,property owner, instructor, or affiliates, successors and
assigns, throwing item manufactures or installer of the range wall or
equipment, . In consideration of my use of any of the throwing items or the range
I, the undersigned user, agree to use the range in accordance with its
established safety policies and procedures and agree to INDEMNIFY AND HOLD
HARMLESS The Range, its officers, agents, owner, from any and all cause of
action, claims, demands, losses or costs of any nature whatsoever arising out
of or in any way relating to my use of THE RANGE, whether asserted by THE RANGE
or any 3rd parties who may be injured on account of or in any way relating to THE
RANGE. This Assumption of Risk and Waiver of Liability also applies to, but is
not limited to, any/all claims resulting from the damage to, loss of, or theft
of property. I further expressly agree that the foregoing release, waiver and
indemnity agreement is intended to be as broad and inclusive as the State of
California will allow and that if any portion thereof is held invalid, it is
agreed that that the balance shall, notwithstanding continue in full legal
force and effect. This agreement shall be effective and binding upon my heirs,
next of kin, executors, administrator and assigns, in event of my death.
By signing
this agreement, I waive my right to bring a court action to recover
compensation or obtain any other remedy for any injury to myself or my property
or for my death, however caused, arising out of my use of the facilities of THE
RANGE, now or any time in the future, whether caused by THE RANGE or that of
its officers, agents, or owner.
I give The
Range authority to secure help and/or administer emergency first aid, when
deemed necessary and give The Range authority to secure emergency medical
care/transportation and I agree to assume all costs of care and transportation
I will inform
The Range of any injury (even minor injuries) prior to leaving The Range facility.
Media
Release: The Range will ask my permission to use any photographs, images,
or likenesses taken of the Participant in its marketing brochures, ads, videos,
website, or other media.
ACKNOWLEGEMENT
OF UNDERSTANDING: I, THE PARTICIPANT, HAVE READ THIS ASSUMPTION OF RISK AND
WAIVER OF LIABILITY AND FULLY UNDERSTAND ITS TERMS.
I agree
to obey all rules and alert the staff to any rules violations or dangerous
behavior of co-participants.
I
understand I am to cease activity immediately and inform staff if I feel any
unusual discomfort or serious injury.
I agree
to obey all posted signs and stay out of prohibited areas.
I acknowledge
that The Range has authority to end my participation without refund if my
participation presents a danger to myself and/or others or if I fail to follow
rules or procedures.
I certify
that I am of Lawful age (18 years or older) and otherwise legally competent to
sign this agreement. I further understand that the terms of this agreement are
legally binding and I certify that I am signing this agreement, after carefully
reading it, of my own free will.
I certify
under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct. WITNESS my hand
Date:
Participant’s
Name: Participant’s Signature:
Telephone:
IF USER IS
UNDER THE AGE OF 18 YEARS OLD: PARENT/GUARDIAN MUST CONSENT:
I, as parent
or legal guardian of the above minor under 18 years of age, hereby consent to
the terms and conditions set forth in this release form.
Parent’s Name :
Relationship:
Signature of
Parent / Legal Guardian: