R1, 2020-11-12

NOTE: Endorphin Factory does not accept paper waivers, please submit electronically.

BYOB RELEASE AND WAIVER AGREEMENT

In consideration of the risks involved with participating in the Axe Throwing or Archery experience (an “Event”) sponsored, operated, or conducted by Endorphin Factory, LLC, and as consideration for the right to participate in the Event, the undersigned (“Participant”) does hereby knowingly and voluntarily and without any inducement enter into this BYOB Release and Waiver Agreement (the “BYOB Release”). PARTICIPANT HEREBY ASSUMES ALL OF THE RISKS OF PARTICIPATING IN ANY AND ALL ACTIVITIES ASSOCIATED WITH THIS EVENT. The participant acknowledges that Endorphin Factory, LLC has not and will not issue on-premise alcohol; and, therefore any alcohol at the Event is BYOB. The participant acknowledges and agrees that the Participant will not serve alcohol to anyone who is a minor, who is under the influence of alcohol prior to the Event, who is disorderly, who is addicted to the excessive use of liquor, or who will consume in any vehicle on the premise.

Participants acknowledge that consuming alcohol is highly addictive, and may impair cognition, judgment, vision, motor skills, the ability to speak and will enhance aggression, agitation, and promote compulsive behavior. Participant acknowledges that consuming excessive alcohol may lead to various health issues, including, but not limited to, nausea, vomiting, drowsiness, diarrhea, upset stomach, headaches, and breathing difficulties.

Endorphin Factory reserves the write to check for valid ID of all participants who will be participating upon arrival to ensure they are 21 years or older.

The participant acknowledges and agrees that Endorphin Factory, LLC shall not be held liable for any property damage, charges, injuries, or deaths that may occur due to the Participant’s consumption or provision of alcohol during the Event. Therefore, I, Participant, for myself and on behalf of my heirs, executors, successors, personal representatives, administrators, and assigns, do hereby agree to: (A) WAIVE, RELEASE, AND DISCHARGE ENDORPHIN FACTORY, LLC, ITS OFFICERS, MANAGERS, MEMBERS, PROMOTERS, OWNERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, AFFILIATES, LANDLORD, AND BUSINESS PARTNERS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO, LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF THE RELEASED PARTIES, IF ANY, FOR MY DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT, OR ACTIONS OF ANY KIND WHICH MAY HEREAFTER OCCUR TO ME INCLUDING MY TRAVELING TO AND FROM THE EVENT; (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF PARTICIPATION IN THE EVENT, OR MY CONSUMPTION OF ALCOHOL AT THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

Participants acknowledge and agree that Endorphin Factory, LLC and their managers, members, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf. Participant hereby consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during the Event. This BYOB Release and the Participant Release and Waiver Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

I CERTIFY THAT I HAVE READ THIS BYOB RELEASE AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.



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