ZIA AXE THROWING LLC

RELEASE OF LIABILITY, WAIVER AND ASSUMPTION OF RISK

PLEASE READ THE DOCUMENT BELOW CAREFULLY

WARNING: BY SIGNING THIS WAIVER YOU ARE WAIVING CERTAIN LEGAL RIGHTS –

PLEASE READ THE DOCUMENT BELOW CAREFULLY

I desire to participate in the Activity on the date as set out below, which has been organized by the Releases.

ZIA AXE THROWING LLC, for themselves, their present and former parent, subsidiaries, affiliates and related companies and each of their respective present and former directors, officers, shareholders, 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”); Recreational Axe Throwing (the “Activity”) This Participation Agreement and Waiver and Release of Liability is entered into between the “Participant” and Zia Axe Throwing LLC, its directors, owners, employees, volunteers, and facilities and the owners and lessors thereof, hereinafter referred to as Zia Axe Throwing LLC or collectively as “Releasees”). Participation in the activities of Zia Axe Throwing LLC can be HAZARDOUS AND PRESENT A DANGER TO PARTICIPANT. If at any time the Participant believes conditions to be unsafe, he/she will immediately discontinue further participation in the Activities.

1. In consideration for participating in the Activity on the date as set out below, which consideration is hereby expressly accepted and acknowledged, myself as the Participant, I HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE, WITHOUT QUALIFICATION OR LIMITATION AND HOLD HARMLESS the Releasees from any and all claims I may now and/or in the future may have against the Releases, and from any and all liability, for any personal injury, death and/or property damage, expense, and/or loss sustained by the Participant, incurred on his/her account as a result of the Participant’s 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 myself, risk, dangers, and/or hazards of participating in the Activity, and/or breach of statutory or other duty, including duties arising from occupier's liability legislation and further agrees that if, despite this release, the Participant or any other person makes a claim on the Participant’s behalf against any of the Releasees. and I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates. 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 Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) Zia Axe Throwing LLC their owners, officers, directors, agents, employees and assigns Releasees from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities. I shall indemnify, defend and hold harmless the Releasees from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in- house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury. THE UNDERSIGNED WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LIABILITY, LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM, WHETHER ASSERTED BY THE UNDERSIGNED, THE PARTICIPANT, OR ANOTHER PERSON.

2. THE PARTICIPANT ACKNOWLEDGES AND ACCEPTS that the activity is inherently risky and dangerous, and exposes the Participant to the possibility of personal injury, death, property damage and/or loss resulting therefrom. 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 inaction, the actions or inaction of others participants, the condition of the facilities in which the Activities take place, and/or THE NEGLIGENCE OF THE “RELEASEES.” Some Risks cannot be predicted or controlled. There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time.

3. IT IS AGREED AND UNDERSTOOD that if the Participant 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 Participant will immediately discontinue the proceedings and/or claims. 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 Participant 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 Participant in any subsequent action that the other parties in the subsequent action were not privy to the formation of this Release.

4. THE PARTICIPANT HEREBY AGREES that this Release of Liability, Waiver, and Assumption of Risk will be governed by applicable local Laws and that any dispute arising from this Release of Liability, Waiver, and Assumption of Risk will be adjudicated by the STATE OF NEW MEXICO.

5. SEVERABILITY: If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this document had been executed with the invalid provision eliminated.

6. PHOTOGRAPHS, VIDEOS AND RECORDINGS: I release all photos taken of me at ZIA AXE THROWING LLC. I acknowledge that ZIA AXE THROWING LLC will own such “Images” and further grant ZIA AXE THROWING LLC permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to Zia Axe Throwing LLC business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the Image by ZIA AXE THROWING LLC prior to its use. I forever release and hold Zia Axe Throwing LLC 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. EMAIL ADDRESS: By providing my e-mail address, I am opting into the e-mailing list. my e-mail address may be used to contact me but will not be made available to third parties. LOST/ STOLEN ITEMS: We are not responsible for lost or stolen items.

I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE ZIA AXE THROWING LLC FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. I further agree that I have read, and will adhere to all Safety Rules at Zia Axe Throwing LLC Mobile Axe Throwing Facility, posted on the trailer, and I will follow the instruction of Zia Axe Throwing trainers and lane supervisors. I understand that I must wear closed- toe shoes. I agree that violation of any of the Zia Axe Throwing rules is grounds for immediate expulsion with no refunds.