RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK

1.    I desire to participate in axe throwing, knife throwing, and any other recreational activities offered at the Clubs and Cleavers premises (the “Activity”), which have been organized and offered by Clubs and Cleavers LLC (“Clubs and Cleavers”). Clubs and Cleavers, together with its owners, employees, and agents are referred to herein as “Releasees”.
2.    In consideration for being allowed to participate in the Activity, which consideration is hereby expressly accepted and acknowledged, on behalf of myself, my representatives, heirs, agents, administrators, trustees, executors, assigns, successors, and on behalf of any party or parties who claim a right or interest through me (hereinafter, the “Releasor”), I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION the Releasees from any and all claims I may now and/or in the future may have against the Releasees, and from any and all liability, for any personal injury, death and/or property damage, expense, and/or loss sustained by me as a result of my participation in the Activity due to any cause whatsoever, including but not limited to and without limitation, negligence, gross negligence, willful misconduct, including the failure to take reasonable steps to safeguard or protect me from the risk, dangers, and/or hazards of participating in the Activity, and/or breach of statutory or other duty.
3.    THE RELEASOR ACKNOWLEDGES AND ACCEPTS that the Activity is inherently risky and dangerous, and there is the possibility of personal injury, death, property damage and/or loss resulting therefrom.
4.    THE RELEASOR AGREES AND UNDERSTANDS that in order to participate in the Activity on the date set out below, he/she must agree to be bound by the terms of this Release of Liability, Waiver, and Assumption of Risk.
5.    THE RELEASOR AGREES to indemnify Releasees and each of them from any loss, liability, damage or cost, including attorneys’ fees, they may incur due to the presence of Releasor in or upon the Clubs and Cleavers premises, whether caused by the negligence of Releasees or otherwise.
6.    THE RELEASOR ASSUMES full responsibility for the risk of bodily injury, death, or property damage due to the negligence of Releasees or otherwise while in or upon the Clubs and Cleavers premises.
7.    THE RELEASOR AGREES that this Release of Liability, Waiver, and Assumption of Risk is intended to be as broad and inclusive as permitted by the laws of the State of Missouri and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
8.    THE RELEASOR AGREES that he/she will be fully responsible for all costs and expenses that may be incurred in providing any special services to him/her, outside of regular services agreed to or provided by the Releasees in connection with the Activity, and without limiting the generality of the foregoing, agrees to be responsible for, and to pay for any and all costs relating to special travel, medical attention, or other special outlay for him/her personally, and to reimburse the Releasees for all costs of these services as may be incurred by them for his/her benefit or at his/her request.
9.    THE RELEASOR HEREBY confirms that by executing this agreement, he/she is representing that he/she is of the full age of majority and that he/she has read, and understands, this  Release of Liability, Waiver, and Assumption of Risk. The Releasor acknowledges that he/she is not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs, which may affect or impair his/her motor skills, judgment, or general ability to think clearly.
10.    IT IS AGREED AND UNDERSTOOD that if the Releasor commences such an action, or takes such proceedings, and the Releasees are added to such proceeding in any manner whatsoever, whether justified in law or not, the Releasor will immediately discontinue the proceedings and/or claims, and the Releasor will be jointly and severally liable to the Releasees for the legal costs incurred in any such proceeding, on an indemnity basis. This Release of Liability, Waiver, and Assumption of Risk shall operate conclusively as an estoppel in the event of any claim, action, complaint or proceeding which might be brought in the future by the Releasor with respect to the matters covered by this Release of Liability, Waiver, and Assumption of Risk. This Release of Liability, Waiver, and Assumption of Risk may be pleaded in the event any such claim, action, complaint or proceeding is brought, as a complete defense, and may be relied upon in any proceeding to dismiss the claim, action, complaint or proceeding on a summary basis and no objection will be raised by the Releasor in any subsequent action that the other parties in the subsequent action were not privy to formation of this Release.
11.    THE RELEASOR ACKNOWLEDGES that this Release of Liability, Waiver, and Assumption of Risk contains the entire agreement between the parties hereto, that the terms of this Release of Liability, Waiver, and Assumption of Risk are contractual, are not a mere recital, and any breach of these terms may be enforced against the Releasor, and may give rise to a damage claim against the Releasor enforceable by a further legal proceeding. The Releasor further acknowledges that the Releasees have not made any oral, written or visual representations or statements that are not otherwise reflected in this agreement.
12.    THE RELEASOR HEREBY AGREES that this Release of Liability, Waiver, and Assumption of Risk will be governed by the Laws of the State of Missouri and that any dispute arising from this Release of Liability, Waiver, and Assumption of Risk will be adjudicated by the State of Missouri, and the Releasor hereby consents to the exclusive jurisdiction and venue of the Missouri Circuit Court serving Johnson County, Missouri, for this purpose.
13.    By clicking to accept an online version of the agreement, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead, which is available at our location. By clicking to accept, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

 

    __________________________________
   Signature

   ___________________________________
   Printed Name

   ___________________________________
   Printed Name of Minor if Signed by Parent
   Or Legal Guardian on Minor’s Behalf
 
 
CONSENT AND IMAGE LICENSE
I hereby grant Clubs and Cleavers, LLC, its managers, employees, and owners (collectively) non-revocable permission and consent to capture my image and likeness in photographs, videotapes, recordings, or any other media (collectively “Images”). I acknowledge that Clubs and Cleavers will own such Images and further grant Clubs and Cleavers permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to Clubs and Cleavers’ business, including without limitation, publications, advertisements, brochures, website Images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the Images by Clubs and Cleavers prior to its use. I forever release and hold Clubs and Cleavers harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever, and waive any and all claims and causes of action relating to use of the Images, including without limitation, claims for invasion of privacy rights.

                 
   __________________________________
   Signature

   ___________________________________
   Printed Name

   ___________________________________
   Printed Name of Minor if Signed by Parent
   Or Legal Guardian on Minor’s Behalf

 

By clicking to accept an online version of the agreement, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead, which is available at our location. By clicking to accept, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.