NOTE: MN Axe - Monticello does not accept paper waivers, please submit electronically.

MN AXE

RELEASE OF LIABILITY, WAIVER AND ASSUMPTION OF RISK

WARNING: BY SIGNING THIS WAIVER YOU ARE WAIVING CERTAIN LEGAL RIGHTS - PLEASE READ THE DOCUMENT BELOW CAREFULLY

TO: Spirit Master Funding X, LLC, a Delaware limited liability company, Northwoods Entertainment, LLC, a Michigan limited liability company, and MN Axe, LLC, a Michigan limited liability company, for themselves, their present and former subsidiaries, affiliates and related companies and each of their respective present and former directors, officers, members, managers, owners, employees, volunteers, servants, agents, administrators, trustees, successors and assigns and any party or parties who claim a right or interest through them (hereinafter, the “Releasees”);

FROM: Participant

RE: Recreational Axe-Throwing at MN Axe locations in Minnesota (the “Activity”)

I desire to participate in the Activity, which has been organized by the Releasees. 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 or any Releasor may now and/or in the future 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, or may occur to me from travelling to and from the Activity, due to any cause whatsoever, including but not limited to and without limitation, negligence, gross negligence, willful misconduct, property damage, property theft, 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, including duties arising from any occupier’s liability legislation or statutes.

FURTHER, THE RELEASOR ACKNOWLEDGES ACCEPTS and AGREES that:

• the Activity is inherently risky and dangerous, and there is the possibility of personal injury, death, property damage and/or loss resulting therefrom;
• in order to participate in the Activity on the date set out below, I agree to be bound by the terms of this Release of Liability, Waiver and Assumption of Risk;
• that I will be fully responsible for all costs and expenses that may be incurred in providing any special services to me, 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 me personally, and to reimburse the Releasees for all costs of these services as may be incurred by them for my benefit or at my request;
• by executing this agreement, I represent that I am of the full age of majority and that I have read, and understands, this Release of Liability, Waiver, and Assumption of Risk. I acknowledge that I am physically fit and have not been advised to not participate in physical activity requiring exertion by a qualified medical professional and that there are no health-related reasons or problems that preclude my participation in the Activity. I further represent that I am not under the influence of any substances, including alcohol, illicit drugs, or prescription drugs, which may affect or impair my motor skills, judgment, or general ability to think clearly while participating in the Activity or entering into this Release of Liability, Waiver, and Assumption of Risk;
• that I, nor any other Releasor, will not make any claim or take any proceedings against any other person, entity, or corporation who might claim, in any manner or forum, contribution or indemnity in common law or in equity, or under the provisions of any statute or regulation, including any type of contributory negligence and/or under any similar legislation, from the Releasees with respect to the matters discharged by this Release of Liability, Waiver, and Assumption of Risk;
• I acknowledge that Releasees are NOT responsible for the errors, omissions, acts or failures to act of any party or entity conducting the Activity on any Releasees behalf;
• notwithstanding the above, if any 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 a substantial 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 reply, 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;
• valid government identification confirming legal age shall be required to consume alcohol on the premises. No irresponsible behavior involving alcohol, or otherwise, will be tolerated, and that at the discretion of any Releasee or management and/or employees of any Releasee, individuals offending this rule shall be removed from the premises, and where deemed warranted by any Releasee or management and/or employees of any Releasee, said individuals may be prohibited from participating in future events or re-entering the premises;
• I understand that all applicable rules for participating in the Activity must be followed and that at all times the sole responsibility for personal safety remains with me;
• I understand the hazards of the novel coronavirus (“COVID-19) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines and those additional guidelines as may be imposed by other governmental authorities regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and may be regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates. Notwithstanding the risks of COVID-19, I willingly choose to participate in the Activity. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activity and hereby release, waive and discharge Releasees from any liability related to COVID-19 which might occur as a result of my being on the premises and participating in the Activity.
• where an individual’s consumption of alcohol has been deemed by the management and/or employees of any Releasee to have created an unsafe environment, or where said individual appears in any way intoxicated in their movement, speech, or overall behavior, the management and/or employees of any Releasee, in their sole an absolute discretion, reserve the right to prevent said individual from participating any further in the Activity;
• I will immediately remove myself from participation, and notify the nearest official, if at any time, I sense or observe any unusual hazardous or unsafe condition or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation in the Activity;
• I understand that I must wear closed-toed shoes in order to participate in the Activity. By wearing footwear that exposes my toes, I acknowledge I am at risk of injury, including but not limited to, axes and/or knives falling on my fee and/or hitting my feet causing minor to severe injury. If I wear open-toed shoes despite being instructed not to do so either by this Release of Liability, Waiver, and Assumption of Risk and/or by any Releasee, I assume all liability and risk by doing so;
• regarding PHOTOGRAPHS, VIDEOS and RECORDINGS, the Releasor hereby grants the Releasees, non-revocable permission and consent to capture my image and likeness in photographs, videotapes, recordings, or any other media (“images”). I acknowledge that the Releasees will own such images and further grant the Releasees permission to copyright, display, publish, distribute, use, modify, print and reprint such images in any manner whatsoever related to the Releasees’ 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 image by the Releasees prior to its use. I forever release and hold the Releasees 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 or publicity; and
• 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 herein.

I have read this document thoroughly. I understand the Releasees are relying upon my warranties, assumptions, waiver and release, undertakings and agreements when accepting my participation in the Activity. I understand that by signing this document I give up substantial legal right I would otherwise have. I sign this document voluntarily and without inducement.

Please select who will be participating:

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