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LIABILITY WAIVER

Release of Liability, Waiver of Claims, Assumption of Risks, Indemnity Agreement and Jurisdiction Agreement (“Agreement”).

 

By signing this document you will waive certain legal rights. Please read carefully.

 

DEFINITIONS:

In this agreement:

a) The term Athletic Activity or Athletic Activities includes, but is not limited to throwing, personal training, team or

individual competitions, fitness assessments, axe throwing, use of facility, observation of athletic activities and

services provided to the participant/customer by The Forge Axe Throwing ("The Forge"); and

b) The term Injury shall refer to all forms of physical, mental and emotional injury in any way related to Athletic

Activities.

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DISCLAIMER:

The Forge and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials,

independent contractors, representatives, successors and assigns are not responsible for any death, dismemberment, injury, loss or damage of any kind suffered by any person while using The Forge facilities, participating in or watching The Forge facilities, caused in any manner whatsoever including, but not limited to, the negligence of The Forge.

Participants/customers are hereby notified and informed that athletic activities have inherent dangers and risks including, but not limited to, the potential for personal injury caused by The Forge Axe Throwing athletic activities or any condition of the facilities or equipment of The Forge.

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Participants/customers further acknowledge and agree:

  1. I have read and understood The Forge House Rules and agree to be bound by them.

  2. I agree to obey all instructions from venue staff and understand that failure to do so will result in my removal from the premises.

  3. I acknowledge that there are significant risks in my use of the services including but not limited to serious injury or death caused by myself or other participants.

  4. I acknowledge that the services are recreational services, as defined in, Section 139A of the competition and Consumer Act 2010, and that I am participating in them voluntarily for the purposes of recreation, enjoyment or leisure, notwithstanding the risks of participation.

  5. To the extent permitted by section 139A of the Competition and Consumer Act 2010, I hereby waive my rights under sections 60, 61 and 62 of the Competition and Consumer Act 2010 to the extent that it relates to, and release and discharge The Forge from, any liability for any breach of section 64 of the Competition and Consumer Act 2010 resulting in:

    1. My death; or

    2. a physical or mental injury to me (including the aggravation, acceleration or recurrence of such an injury); or

    3. the contraction, aggravation or acceleration of any disease by, or in, me; or

    4. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs in relation to me:

      1. that is or may be harmful or disadvantageous to me or community; or

      2. that may result in harm or disadvantage to me or the community.

  6. I, my heirs, executors, and, or, other interested parties hereby release, forever discharge, and agree to indemnify and hold harmless The Forge or its directors, management and staff from any and all loss, damage, liability claim, demand, expense (including any legal expense reasonably incurred in the enforcement of these terms and conditions), or cause of action (excluding any loss, damage, liability, claim, demand, expense or cause of action to which clause 4 relates) which has been caused or contributed to by my negligent or wrongful act or omission in connection with my participation in or my use of, the services.

  7. These terms and conditions commence on the date of signing, and will continue for a period of 12 months from the date of signing.

  8. The laws of New South Wales and Australia bind this agreement.

  9. I agree to The Forge having the right to photograph, videotape, and or record me and to use my name, face, likeness, voice and appearance in connection with exhibitions, publicity, on-line social media, advertising and promotional materials without reservation or limitation.

  10. I understand and agree that The Forge has the right to terminate the session at any time if it considers the risks are not acceptable, or for any reason The Forge so desires, without refund.

  11. My current health and ability to participate is not impaired by alcohol, legal or illicit drugs.

  12. I do not suffer a medical or physical condition that prevents me from participating safely.

 

Privacy and protection of information: The Forge will not sell or release your personal information without your prior

consent.

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In entering into this agreement, I am not relying on any oral or written representation or statement made by The Forge with respect to the safety of the athletic activities other than what is set forth in this agreement.

I confirm that I am eighteen (18) years of age or older (or am signing on behalf of the minor named below) I have read and understood this agreement prior to signing it, and I am aware that by signing this agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the releasees.

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This agreement must be completed in full, dated and signed prior to the participation in any The Forge Axe Throwing

activities

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