RELEASE AND INDEMNITY AGREEMENT
Each individual named below desires to participate in the lessons, services, and activities offered by KICKIN’ AXE THROWING LTD. Therefore, each individual knowingly and voluntarily WAIVES, RELEASES, SAVES, HOLDS HARMLESS and INDEMNIFIES, KICKIN’ AXE THROWING LTD., DARCY LOW, and their agents, servants, employees, officers, attorneys and contractors, past, present, and future, and their respective heirs, legal and personal representatives, successors and assigns (collectively, “Released Parties”), and all of their respective properties, assets and interests (“Released Property”) from any and all claims, actions, causes of action, demands, rights, damages, costs, losses, liabilities, expenses, compensation, controversies, disputes, obligations, debts, dues and liens whatsoever, on account of, or in any way arising out of, any and all know or unknown, foreseen or unforeseen loss of life or personal injury, loss or damage to property, and the consequences thereof, directly or indirectly resulting from, incident to, in connection with, or arising out of that individual or their agents, servants, employees, officers, or invitees, use of the equipment, buildings, land, or premises in general (collectively, “Claims”).
IT IS MY INTENTION THAT THIS RELEASE AND INDEMNITY AGREEMENT SHALL APPLY TO ALL OF THE CLAIMS WITHOUT LIMIT AND, TO THE FULLEST EXTENT ALLOWED BY LAW, REGARDLESS OF WHETHER FOUNDED, IN WHOLE OR IN PART, OR ANY NEGLIGENT ACT OR OMISSION OF ANY OF THE RELEASED PARTIES.
The individual’s indemnity obligations shall also apply to any Claims arising or caused solely by the acts or omissions of an invitee of that individual to the use, enjoyment and/or operation of the equipment, buildings, land, or premises in general.
I have familiarized myself with the Rules and Regulations that govern lessons, services, and activities offered by KICKIN’ AXE THROWING LTD., and I understand, consent to and agree to be bound by the conditions and provisions stated in those policies. I further agree that if I become aware of any unsafe or hazardous conditions within the establishment, I will notify an employee immediately.
Any controversy or claims arising out of or relating to this Release and Indemnity Agreement or the performance thereunder, including, without limitation, any claims relating to bodily injury, property damage or death, shall be determined and settled by arbitration. Any award rendered by the arbitrator shall be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the release and indemnity stated in this Release and Indemnity Agreement.
I have read and understand the Release and Indemnity Agreement, which contains the entire and final agreement relating to the subject matter hereof. Its terms shall be binding on me and on my heirs, legal representatives and assigns. Liability under the Release and Indemnity Agreement shall be joint and several. If any provisions of this Release and Indemnity Agreement is determined to be void, unenforceable, ineffective, or against public policy, that provision shall be disregarded and deemed removed from this Release and Indemnity Agreement, and shall not affect the remaining provisions of this Release and Indemnity Agreement.
The terms of this Release and Indemnity Agreement are contractual and not mere recitals.
THIS WAIVER AND SAVE HARMLESS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE PROVINCE OF MANITOBA. VENUE FOR ENFORCEMENT OF THIS RELEASE AND INDEMNITY AGREEMENT SHALL BE IN BRANDON, MANITOBA.
In consideration for being allowed to participate in the lessons, services and activities, or services offered by KICKIN’ AXE THROWING LTD., I hereby acknowledge and agree to this Release and Indemnity Agreement with full understanding that I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS TO WHICH I WOULD OTHERWISE BE ENTITLED.
MULTIMEDIA RELEASE AND WAIVER
I, the undersigned, understand and agree that by participating in the lessons, services, and activities offered by KICKIN’ AXE THROWING LTD. I may be photographed, filmed, or recorded during my participation. I hereby consent to the recording, use, and reuse by KICKIN’ AXE THROWING LTD., DARCY LOW, and their agents, servants, employees, officers, attorneys and contractors, past, present and future, and their respective heirs, legal and personal representatives, successors and assigns (collectively, “Released Parties”) of my voice, actions, likeness, name, and appearance, in any and all media now known or hereafter devised, worldwide in perpetuity (the “Recording) in or in connection with any:
i. Editorial trade;
ii. Product or service;
iii. Advertising campaigns;
iv. Fashion or other merchandise;
Offered or created by the Released Parties. I further agree that the uses listed above are given by way of example and that the Released Parties may make use of the Recording in any way they, in their absolute discretion, decide without restriction.
I agree that the Released Parties may use all or any part of my Likeness and may alter or modify it regardless of whether or not I am recognizable. I specifically agree that the Released Parties shall have full exclusive ownership of any Recording taken of me and I shall have no rights to any Recording by way of ownership, copyright, moral rights, or any other right which is or may be recognized. If I am found at law to possess any right to or in the Recordings, I agree to execute any documents required to transfer or waive that right to KICKIN’ AXE THROWING LTD.
I further agree that I shall take no action based in law or equity against the Released Parties for any capture or use of Recordings, including, but not limited to, prosecution of the tort of appropriation of personality, defamation, libel or any claim in relation to invasion of privacy.
I RELEASE AND HOLD HARMLESS THE RELEASED PARTIES OF ANY LIABILITY THAT MAY ARISE FROM THE RECORDING OR USE OF ANY RECORDING.
I UNDERSTAND AND AGREE THAT I WILL NOT RECEIVE ANY COMPENSATION FOR THE USE OF MY LIKENESS OR ANY RECORDING BY THE RELEASED PARTIES.
In consideration for being allowed to participate in the lessons, services and activities, or services offered by KICKIN’ AXE THROWING LTD., I hereby acknowledge and agree to this Multimedia Release and Waiver with full understanding that I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS TO WHICH I WOULD BE OTHERWISE ENTITLED.