RELEASE OF LIABILITY, WAIVER AND ASSUMPTION OF RISK
BY SIGNING THIS WAIVER YOU ARE WAIVING CERTAIN LEGAL RIGHTS.
PLEASE READ THIS RELEASE CAREFULLY.

This Release of Liability, Waiver and Assumption of Risk (this “Release”) is signed and delivered by the undersigned for the benefit of Primal Axe Throwing., an Ontario Registered Corporation, its present and former parents, subsidiaries, affiliates and related companies and each of their respective present and former directors, officers, shareholders, members, employees, contractors, volunteers, agents, administrators, trustees, successors and assigns (collectively, “Primal Axe Throwing”).

This Release relates to the recreational axe throwing activity (the “Activity”) in which I wish to participate on the date set forth beneath my signature to this Release at Primal Axe Throwing facility in Windsor, ON (the “Facility”). I understand that the Activity is inherently dangerous, and may expose me to dangers and hazards, including personal injury, death, property damage and/or loss resulting therefrom, whether due to negligence of Primal Axe Throwing or others. Primal Axe Throwing assumes no responsibility for providing medical care during the Activity, and I will have to pay for any medical care and/or evacuation that I incur or may require.

In consideration for being permitted to participate in the Activity, I hereby:

Release, waive and discharge Primal Axe Throwing from, and covenant not to sue Primal Axe Throwing for all liabilities, causes of action, claims, demands, losses, and damages that arise in any way from any injury, death, loss or harm that may occur to me or to any person or to any property during the Activity or related thereto. This release includes claims for the negligence of Primal Axe Throwing for strict liability for abnormally dangerous activities and claims on account of any first aid, treatment, or service that may be rendered as a result of my participation in the Activity.

Acknowledge the risks of bodily injury inherent in the Activity and hereby specifically and voluntarily assume full responsibility for any and all risks of the Activity, including without limitation, any risk of injury, death, loss, or harm.

Agree not to sue or make a claim against Primal Axe Throwing for death, injury, loss or harm that occurs during the Activity or is related in any way to the Activity. I will not take any proceedings against any person or entity who might claim, in any manner or forum, contribution or indemnity against or from Primal Axe Throwing in connection with claims released herein, and will immediately discontinue any claim or action and reimburse Primal Axe Throwing for attorneys’ fees and costs related thereto.

Agree to indemnify, hold harmless, and defend Primal Axe Throwing against any and all claims released, waived or discharged herein, including claims for Primal Axe Throwing own negligence, my own negligence, and any claim arising from my conduct during the Activity, whether asserted by me or a third party. I will reimburse Primal Axe Throwing for any damages, reasonable settlements and defence costs, including attorneys’ fees, that it may incur because of any such claims made against it.

Confirm that I (i) am over the age of 16, (ii) have read and understand this Release, (iii) give this release freely and knowingly and (iv) understand that Primal Axe Throwing would not permit me to participate in the Activity but for my agreement to sign this Release.

Acknowledge that I am not under the influence of any substances, including alcohol, illicit drugs, prescription drugs or recreational substances (including cannabis) which may affect or impair my motor skills, judgement or general ability to think clearly.

Agree that this Release will be governed by the Laws of the State/Province in which the Facility is located and that any dispute arising from this Release will be adjudicated solely by the Courts situated in said State/Province, and irrevocably waive my right to trial by jury in any action or proceeding arising out of this Release or the transactions relating to its subject matter. I agree that if any portion or provision of this Release is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid portion will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this Release.

Agree to follow the rules for the Activity provided to me and to follow directions given to me by the leaders of the Activity, including using all of the protective gear that I may be instructed to use. I understand that this Release remains fully applicable even if I follow all directions given to me by the leaders of the Activity.
All releases, waivers, discharges, covenants, acknowledgements and agreements contained in this Release are given or made by me for myself and for my personal representatives, assigns, heirs and any other persons who may claim through or under me, whether on my or their own behalf.

The terms of this Release are contractual, and any breach of these terms may be enforced against me and may give rise to a claim for damages against me. I further acknowledge that Primal Axe Throwing has not made any oral, written or other representations or statements that are not otherwise reflected in this Release.
I hereby grant Primal Axe Throwing the right and permission, with respect to any photographs, videos, taped interviews or digital images that it has taken of me, or which may otherwise be taken of me during participation in the Activity to (a) use, re-use, publish and re-publish the same in whole or in part, individually or in conjunction with other photographs, interviews or images in a publication, print ad, electronic media (e.g. Internet, DVD, television) or other forms of promotion; such permission may be withdrawn at any time through written notification to Primal Axe Throwing of my wish to cease further use of such photographs, videos, taped interview or digital images using all commercially reasonable efforts.

I hereby waive any right that I may have to inspect and approve the finished product or copy that may be used in connection with the information contained in the interview or the image that has been reproduced. I further understand that Primal Axe Throwing shall not be required to pay any consideration to myself for the usage of the photograph, videos and/or digital image and contents of any taped interview used by Primal Axe Throwingfor commercial purposes.

I acknowledge the contagious nature of infectious diseases, including and without limitation COVID-19, and voluntarily accept the risk that I may be exposed to or infected by attending a Primal Axe Throwing facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by an illness may result from the actions, omissions, or negligence of myself and others, including, but not limited to Primal Axe Throwing employees and other participants/guests.