LIABILITY WAIVER AND RELEASE AGREEMENT

THIS LIABILITY WAIVER AND RELEASE AGREEMENT (this "Agreement") is made and entered into as of the date signed below by and between BAD AXE VENTURES LLC, an Idaho limited liability company (the "Company"), and the undersigned participant or spectator (the "Participant").

RECITALS

WHEREAS, the Company operates a facility where customers can participate in axe throwing activities or observe such activities (the "Premises");

WHEREAS, the Participant desires to use the Premises and/or participate in the axe throwing activities offered by the Company (the "Activity"); and

WHEREAS, the Company is willing to permit the Participant's use of the Premises and/or participation in the Activity, subject to the Participant's agreement to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Participation Limitations.

1. Age Restriction. The Participant represents and warrants that they are at least eleven (11) years of age. If the Participant is under the age of eighteen (18), a parent or legal guardian must also sign this Agreement on the Participant's behalf.
   
   

2. Refusal of Participation. The Company and its employees reserve the right, in their sole and absolute discretion, to refuse participation in the Activity to any individual who appears to be intoxicated, under the influence of drugs or alcohol, or otherwise unsafe. The Company may also refuse participation to anyone who violates any rules, regulations, or safety protocols established by the Company.
   
   

3. Footwear Requirement. Participants must wear close-toed shoes at all times while on the Premises or participating in the Activity.  Participants who fail to wear close-toed shoes do so at their own risk and understand that serious injury may occur.  The Company reserves the right to deny participation to anyone not wearing appropriate footwear.

2. Assumption of Risk. The Participant acknowledges and agrees that the use of the Premises and participation in the Activity involve inherent risks, including but not limited to the risk of serious bodily injury, death, or property damage. These risks may result from the nature of the Activity, the actions or inactions of the Participant or others, the condition of the Premises, or the negligence of the Released Parties (as defined below). The Participant hereby voluntarily assumes all such risks, both known and unknown, and agrees to participate in the Activity at their own risk.

3. Release of Liability. The Participant, on behalf of themselves, their heirs, assigns, personal representatives, and next of kin, hereby release, discharge, and covenant not to sue the Company, its owners, directors, officers, employees, agents, volunteers, and representatives (collectively, the "Released Parties") from any and all claims, demands, or causes of action that the Participant may have or acquire against the Released Parties arising out of or related to the Participant's use of the Premises or participation in the Activity. This release includes, but is not limited to, claims based on the negligence of the Released Parties, but excludes claims based on the gross negligence or willful misconduct of the Released Parties.

4. Indemnification. The Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, or causes of action, as well as any related losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) that may be asserted against or incurred by the Released Parties arising out of or related to the Participant's use of the Premises or participation in the Activity, including claims brought by third parties.

5. Personal Equipment. If the Participant chooses to use their own personal axe or other equipment during the Activity, the Participant hereby agrees to hold the Company harmless from any liability for any failure, malfunction, or defect of such personal equipment. The Participant acknowledges that the use of personal equipment is at their own risk and that the Company has not inspected or approved such equipment.

6. Truthfulness of Age. The Participant represents and warrants that they have been truthful about their age and the age of any minor participants for whom they are signing this Agreement. The Participant understands and agrees that any misrepresentation of age will result in the Participant being held criminally and civilly responsible for such misstatement, including but not limited to liability for fraud, perjury, and any damages or injuries resulting from such misrepresentation.

7. Other Participants. The Participant acknowledges and agrees that the Company is not responsible for the actions, negligence, or misconduct of other participants. The Participant hereby waives any claims against the Released Parties for injuries or damages caused by the actions or negligence of other participants.

8. Compliance with Rules and Instructions. The Participant agrees to comply with all rules, regulations, and safety instructions provided by the Company or its employees, including but not limited to those related to the proper handling and throwing of axes, safety procedures, and conduct on the Premises. Failure to comply with such rules and instructions may result in immediate removal from the Premises without refund.

9. Physical and Mental Condition. The Participant represents and warrants that they are in good physical and mental condition and do not suffer from any condition or disability that would create a hazard to themselves or others while participating in the Activity.

10. Media Release. The Participant grants the Company permission to use their likeness in photographs, videos, or other media in any and all of its publications, including website entries, without payment or any other consideration. The Participant understands and agrees that these materials will become the property of the Company and will not be returned.

11. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Activity shall be instituted exclusively in the federal courts of the United States or the courts of the State of Idaho, in each case located in the City of Idaho Falls and County of Bonneville. The Participant waives any and all objections to the exercise of jurisdiction over them by such courts and to venue in such courts.

12. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

13. Entire Agreement. This Agreement constitutes the sole and entire agreement between the Company and the Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

14. Amendments. The Company reserves the right to update or modify this Agreement from time to time. Any such changes will be effective immediately upon posting of the revised Agreement on the Company's website or at the Premises. The Participant's continued use of the Premises or participation in the Activity following the posting of the revised Agreement constitutes acceptance of the changes.

15. Acknowledgment. The Participant acknowledges that they have carefully read this Agreement, fully understand its contents, and agree to be bound by its terms and conditions. The Participant further acknowledges that they are signing this Agreement voluntarily and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law.

16. Digital Signature.  By hitting Agree and Sign, Participant hereby consents to the use of his or her electronic signature in lieu of an original signature on paper. The Participant has the right to request that he or she sign a paper copy instead which is available at our location. By hitting Agree and Sign, the Participant is waiving that right. After consent, Participant may, upon written request to us, obtain a paper copy of an electronic record.

PARTICIPANT IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. RISKS MAY ARISE OUT OF CONTACT AND/OR PARTICIPATION WITH OTHER PARTICIPANTS, EQUIPMENT, AND OTHER MISHAPS. RISKS MAY BE CAUSED BY THE PARTICIPANT’S OWN ACTIONS OR INACTIONS, THE ACTIONS OR INACTIONS OF OTHER PARTICIPANTS, THE CONDITION OF THE FACILITIES IN WHICH THE ACTIVITIES TAKE PLACE, AND/OR THE NEGLIGENCE OF THE RELEASEES (AS DEFINED BELOW). PARTICIPANT ACKNOWLEDGES THAT ANY INJURIES THAT PARTICIPANT SUSTAINS MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY OPERATIONS OF THE COMPANY. PARTICIPANT ACKNOWLEDGES THAT HE OR SHE IS IN GOOD HEALTH, AND HAS NO PHYSICAL OR MENTAL LIMITATIONS THAT WOULD PRECLUDE SAFE PARTICIPATION AND PARTICIPANT ACKNOWLEDGES THAT HE OR SHE IS QUALIFIED TO PARTICIPATE IN THE ACTIVITIES AND IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, OTHER PARTICIPANTS IN THE ACTIVITY, OR OTHERWISE.

THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS AGREEMENT, PARTICIPANT GIVES UP THE RIGHT TO BRING A COURT ACTION TO RECOVER COMPENSATION OR ANY OTHER REMEDY FOR INJURIES OR DEATH TO PARTICIPANT OR TO PARTICIPANT’S PROPERTY, ARISING OUT OF THIS ACTIVITY, NOW OR AT ANYTIME IN THE FUTURE.

IN WITNESS WHEREOF, the parties have executed this Liability Waiver and Release Agreement as of the date first written above.

• If participant listed above is a minor under the age of 18, a legal gaurdian (over the age of 18) must sign and date below giving permision for the participant to take part in these Activities.