RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK
This RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK (“Release”) is executed as of the date set forth below (“Execution Date”) by _______________________ (“Participant”) and in favor of BMZ, LLC DBA Throwing Sevens, it’s members, directors, officers, employees, volunteers, agents, representatives, administrators, trustees, successors and assigns, and any party or parties who claim a right or interest through them (collectively, “BMZ LLC DBA Throwing Sevens”).
I, the undersigned Participant, desire to actively engage in or observe others’ engagement in recreational axe throwing (collectively, the “Activity”). I acknowledge that the Activity is inherently risky and dangerous and there is the possibility of personal (bodily) injury, illness, death or personal property damage resulting from my participation in the Activity. I have carefully considered and acknowledge that I understand the risks involved in participating in the Activity. By participating in the Activity, I freely and knowingly assume the risks and execute this Release under the following terms:
WAIVER AND RELEASE. I HEREBY RELEASE, WAIVE, AND FULLY DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION BMZ LLC DBA Throwing Sevens from any and all claims I may now or in the future have against BMZ LLC DBA Throwing Sevens, and from any and all liability for any personal (bodily) injury, illness, death, personal property damage, expense or loss that may result from my participation in the Activity due to and cause whatsoever, including, but not limited to, any negligent act or omission of BMZ LLC DBA Throwing Sevens; provided, however that this Release extends only to BMZ LLC DBA Throwing Sevens negligence and not to any reckless or intentional conduct by BMZ LLC DBA Throwing Sevens. BMZ LLC DBA Throwing Sevens does not hereby attempt to escape liability for reckless or intentional conduct. This release expressly includes:
The design, construction, location, inspection and maintenance of the fencing, cages, or throwing lanes, barriers, floors, targets, and the selection of the materials with which the same are constructed;
The posting or failure to post warning or signs; and
The design, construction, or maintenance of the axes, including the blades and handles, or the attachment of the blade head to the handle.
ASSUMPTION OF RISK. In consideration of being allowed to participate in the Activity and/or being permitted to enter into BMZ LLC DBA Throwing Sevens premises, or any other areas where the Activity might take place, I UNDERSTAND, ACCEPT, AND ASSUME ALL RISKS AND RESPONSIBILITIES OF MY PARTICIPATION IN THE ACTIVITY. I further acknowledge and agree that I am solely responsible for the safety, comfort, and well-being of myself and any minor who may accompany me or may participate in or observe the Activity. I have adequate medical insurance to cover any injuries to myself (or any minor who may accompany me) and agree to bear the costs of treatment of any injury. To the extent that first aid or medical services are rendered (or not rendered) to me or any minor who accompanies me, I agree that the terms of this Release shall also apply
INDEMNIFICATION. I agree that I will defend, indemnify (meaning reimburse), and hold harmless BMZ LLC DBA Throwing Sevens against any claims made or legal actions brought against BMZ LLC DBA Throwing Sevens by me, any other person (including any minor who accompanies me), or entity as a result of injuries, damages, expenses, and losses actually or allegedly incurred by such person or entity (“Liabilities”) arising out of or relating to my participation I the Activity, including my own actions or negligence, except where the Liabilities are the result of BMZ LLC DBA Throwing Sevens reckless or intentional conduct. I further agree that my obligations shall include the cost of BMZ LLC DBA Throwing Sevens defense against such claims or actions, including attorney’s fees. This obligation shall survive the termination, completion, or expiration of this Release.
PHOTOGRAPHIC RELEASE. I grant and convey unto BMZ LLC DBA Throwing Sevens all rights, title, and interest in any and all photographic images, video, or audio recordings of me or my likeness or voice made my BMZ LLC DBA Throwing Sevens in connection with my participation in the Activity, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. I acknowledge that BMZ LLC DBA Throwing Sevens will own such photographs and or recordings and further grant BMZ LLC DBA Throwing Sevens permission to copyright, display, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to BMZ LLC DBA Throwing Sevens business, including, without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the image prior to its use.
MISCELLANEOUS.
Broad Interpretation. This Release is intended to be as broad and inclusive as allowed by the laws of the State of Wisconsin.
Governing Law. This Release is subject to and shall be construed in accordance with the laws of the State of Wisconsin, and all parties consent to jurisdiction in the state and federal courts located in Dane County, Wisconsin.
Severability. Any term or provision of this Release that is held to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Release or affecting the validity or enforceability of any of the terms or provisions of this Release.
Binding Agreement. This Release shall be binding on the parties, their successors, and assigns.
BY SIGNING THIS RELEASE, I ACKNOWLEDGE AND UNDERSTAND THAT I AM SEVERELY LIMITING, POTENTIALLY EVEN PRECLUDING, MY ABILITY TO PURSUE CLAIMS AGAINST BMZ, LLC DBA THROWING SEVENS IN THE EVENT OF PERSONAL PROPERTY DAMAGE, PERSONAL (BODILY) INJURY, OR DEATH OF THE PARTICIPANT. I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT BY SIGNING THIS RELEASE I WILL INCUR THE DUTY TO INDEMNIFY (REIMBURSE) THROWING SEVENS FOR CERTAIN HARMS SUFFERED AND/OR LOSSES INCURRED BY BMZ LLC DBA THROWING SEVENS. MY SIGNATURE BINDS NOT ONLY MYSELF AND (IF A SEPARATE PERSON) THE BELOW NAMED PARTICIPANT BUT ALSO MY RESPECTIVE PERSONAL REPRESENTATIES, HEIRS, SUCCESSORS, AND ASSINES. I UNDERSTAND AND AGREE TO BE BOUND BY THIS RELEASE DURING THIS AND ALL SUBSEQUENT PARTICIPATION IN THE ACTIVITY BETWEEN THE EXECUTION DATE AND DECEMBER 31, 2024.