TO: THE OWNER OF THE WELLMEN PROJECT INC o/a Axewood Crew, SHEA EMRY and its contractors, employees, agents, successors, assigns (all of whom are referred to in the document together as “AXEWOOD”).
In return for allowing me to use the axe throwing equipment and facilities (collectively, the “Facilities”) and/or participate in AXEWOOD activities, programs, leagues, and other services offered through use of the Facilities, including but not limited to, axe throwing, functions, and special events (referred to in this document together as the “Activities”), I hereby agree as follows;
ASSUMPTION OF RISKS:
I understand am are aware that the Facilities and Activities are not constantly supervised and that there are not always professional hatchet throwing staff monitoring people’s use of the Facilities, or participation in the Activities.
I understand and am aware that the use of the Facilities and participation in Activities involves many inherent risks, danger and hazards and that personal injury or death may result even by my safe and proper use of the Facilities or my safe and proper participation in the Activities, for any reason whatsoever, whether caused by the actions or negligence on the part of other people using the Facilities or participating in the Activities, or on the part of AXEWOOD.
I FREELY ACCEPT AND ASSUME ALL RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF RESULTING PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS WHETHER THROUGH THE USE OF THE FACILITIES OR THROUGH PARTICIPATION IN THE ACTIVITIES.
RELEASE OF LIABILITY WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
I GIVE UP (WAIVE) ANY AND ALL CLAIMS that I have or may in the future have against AXEWOOD arising out of my use of the Facilities or participation in the Activities.
I RELEASE AXEWOOD from any and all liability including, without limitation, for any loss damage, injury, expense or cost that I may suffer as a result of using the Facilities or my participation in the Activities, due to any cause what-so-ever INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT ON THE PART OF AXEWOOD.
I WILL HOLD AXEWOOD HARMLESS FROM AND WILL REIMBURSE (INDEMNIFY) IT FROM any and all liability for any property damage or personal injury suffered by anyone, resulting from my use of the Facilities or my participation in the Activities.
This agreement will be legally binding on my heirs, next of kin, executors, administrators and assigns, in the event of my death.
I FREELY UNDERSTAND the consumption of alcohol and other substances which directly or indirectly may reduce my perception, will likely result in impaired judgement on my behalf and hereby assume responsibility for my actions while under the influence of alcohol and such substances. I FREELY ASSUME responsibility for all risks, dangers and hazards and the possibility of resulting personal injury, death, property damage or loss arising from the consumption of alcohol and such substances and use of the facilities and / or participation in the activities. I HEREBY WAIVE any and all claims I have or may in the future have against AXEWOOD resulting from my consumption of alcohol and such aforementioned substances and the use of facilities or participation in activities.
PHOTO AND VIDEO RELEASE:
By registering for these Activities, I hereby consent to my name, likeness, image and voice being interviewed, recorded, photographed, filmed and taped via picture, video and sound, together with any and all information, biography, photos, videos or materials of any nature provided by me (collectively the “Contributions”) for the Activities being hosted by AXEWOOD, and hereby grant the following rights to AXEWOOD as evidenced by my registering and attendance in these Activities.
AXEWOOD has the right, but not the obligation, to exhibit, exploit, advertise and translate the Activities, together with my Contributions to it, throughout the universe in perpetuity and in all languages, in and by any and all means or forms of media now known or in the future discovered, including videos and social media and all ancillary and subsidiary rights thereto (including without limitation, linear and non-linear CD-Rom, CDI, Internet, electronic publishing and other interactive media products). AXEWOOD may freely use, translate, adapt, revise, add to, edit and subtract from the Activities and my Contributions to it and any information, material, scenes and/or situations contained in it and/or furnished by me to AXEWOOD. AXEWOOD may freely at AXEWOOD’s sole discretion assign, license, transfer or otherwise dispose of or exploit any of these rights in whole or in part without notice to, or further consent from, me being necessary. AXEWOOD may also use at AXEWOOD’s sole discretion, the Activities and my Contributions to it, including my name, likeness, image, voice, biography, photographs and recordings of me in all languages and all forms of media now known or in future discovered, throughout the universe, in perpetuity, in advertising and promoting the Activities.
I waive and relinquish all rights and remedies at law or in equity, including moral rights, and release and forever discharge AXEWOOD and all others dealing with AXEWOOD from, and agree not to sue AXEWOOD or any of them, with respect to any claim, cause of action, liability, loss or damage of any nature whatsoever arising out of AXEWOOD’s exercise of the rights granted herein, including claims relating to defamation or invasion of any right of copyright, privacy, personality or publicity. In no Activities shall I be entitled for any reason whatsoever to enjoin, restrain or interfere with the distribution and/or exhibition and/or exploitation of the Activities or its advertising or publicity.
Other than the consideration set out above, I agree that I shall receive no compensation or payment whatsoever with respect to the Activities. I acknowledge that I am not a member of ACTRA or any other similar union or guild. I have read and understand this release prior to registering for this Activities, I am fully familiar with all terms herein and I warrant and represent that I have the full right, authority and capacity to register and attend this Activities and grant the rights granted herein. This release shall be governed by the laws of the province of British Columbia and the country of Canada. I declare that I am not under the age of eighteen (18) years.
If under 18 years of age: Parent or Guardian Agreement I have read, understood and agreed to the foregoing. I represent and warrant that I am the parent or legal guardian of the individual named in the above Release who is a minor and that I am entitled and authorized to to register and attend this Activities and grant the rights granted hereunder to AXEWOOD. I indemnify AXEWOOD, and its successors and assigns against any loss or claim if the minor disavows the Release because the minor was a minor or for any other grounds whatsoever.
By registering for, and participating in any of our Activities you are indicating that you understand everything outlined in these terms and conditions.
For more information please visit our website (http://axewoodcrew.com/contact/).