Consideration: In consideration of being permitted to participate in any way in the Sport of Hatchet Throwing (hereinafter called “Activity”), I, for myself, my heirs, personal representatives and assigns, do hereby waive liability, release, forever discharge and covenant not to sue HAR3 Inc. d/b/a Stumpy’s Hatchet House (hereinafter called “Stumpy’s Hatchet House”), its owners, officers, agents, representatives, or employees (hereinafter called “Releasees”) from any and all demands, rights, and causes of action of whatever kind or nature, arising out of all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to property, and the consequences thereof, including death, resulting from my voluntary participation in or in any way connected with the Activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
No Supervision. I agree that there is no obligation for Stumpy’s Hatchet House to provide supervision of any description to me or any other person with any Activity except for the initial instructions provided to me by Stumpy’s Hatchet House. In addition, there is no supervision or monitoring by Stumpy’s Hatchet House of the facilities (including, without limitation, the parking area), the access to and from the facilities or any other location where Stumpy’s Hatchet House may host, sponsor or participate in an event of any nature or description.
Assumption of Risk: Participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The risks range from (1) minor injuries such as scratches, bruises, and cuts; (2) major injuries such as eye injury or loss of sight, joint or bodily injuries; and (3) catastrophic injuries including paralysis and death.
I have read the previous paragraphs and I acknowledge, know, understand and appreciate these and other risks that are inherent in the Activity. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I further agree to indemnify, defend, and hold harmless Releasees from any and all liabilities, damages, claims, lawsuits, attorneys’ fees, and actions of any kind for any damage or injury arising out of my participation in the Activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
I also grant Stumpy’s Hatchet House. the same right and permission to use written or verbal statements or testimonials made by me. It is understood that no compensation has been paid and that no fee or compensation shall be due to me for my giving permission for use of my photographic image, likeness, name, or voice.
I hereby hold harmless and release and forever discharge, its officers, and employees from all claims, demands and causes of action which I, my heirs, representatives, executors, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
Agreement to Comply with All “House Rules”: I also agree to abide by the following “House Rules” at Stumpy’s Hatchet House:
- To exercise common sense and play responsibly.
- To permit only one (1) person per lane allowed in the throwing zone (designated by caution tape).
- Hatchets can only be retrieved after both participants throw.
- To never retrieve a Hatchet before opponent throws.
- After your turn, to return the Hatchet to the holder. (No hand-offs are permitted.)
- Hatchets are not to be taken out of pit area and are always to be handled in a safe manner.
- If I am visibly intoxicated or in any way exhibiting any signs that may be a concern for my safety and/or the safety of others, management and/or employees reserve the right to terminate my hatchet throwing and remove me from the facilities at their discretion; and
- Any other rules of directives that may be issued either in writing or verbally by Stumpy’s Hatchet House from time to time.
- I agree that violating any of the above rules or by putting myself or anyone else in harm’s way will result in termination of my hatchet throwing with no refund.
COVID-19. I attest that I do not have any symptom that is listed by the CDC as a possible sign or indication that I may have COVID-19. I will not engage in the Activity or come onto the facilities if I suspect that I may have COVID-19 or there is a high likelihood that I may have been exposed to someone with COVID-19. If any employee of Stumpy’s Hatchet suspects that I may be infected with COVID-19, I will be asked to leave immediately from the facilities with a full refund.
To participate in the Activity at the Facilities I acknowledge and agree to the following:
I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines as well as local, state and other governmental guidelines, laws (including without limitation, governor’s orders) are regularly changed and updated and I accept full responsibility for familiarizing myself with the most recent updates.
Notwithstanding the significant risks associated with COVID-19 inherit in the Activity due to the proximity of other people, potential infection of air and surfaces (including but not limited to hatchets), which I acknowledge, as well as any other potential illness, infection, disease or any other health concern of any nature or description I hereby willingly choose to participate in the Activity.
I acknowledge and I FULLY ASSUME the FULL RISK of illness or death related to COVID-19 arising from my being at the facilities and engaging in the Activity. I understand that there is significant risk of COVID-19 infection due to proximity of other people while at the facilities as well as surfaces that may become infected with COVID-19, including without limitation, the hatchets. I will fully comply with all policies and procedures imposed by Stumpy’s Hatchet House concerning COVID-19. Notwithstanding such policies and procedures, significant risk of contracting COVID-19 will always be present in the Activity.
Severability: I also agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of Texas, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I certify that I am 18 years of age and suffering under no known legal disabilities; I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
