Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement

THIS IS A LEGALLY BINDING CONTRACT, READ BEFORE SIGNING.

IN CONSIDERATION OF LBA Management LLC, LBA Inc., and Swanky LLC (referred to as “Bowldogs”) allowing me to participate in the activities and services provided by Bowldogs, including but not limited to the activity of hatchet throwing, I acknowledge, appreciate, and agree that:

1. There are DANGERS AND RISKS INHERENT in participating in the activities provided by Bowldogs. I acknowledge that I am voluntarily participating in the activities provided by Bowldogs, which includes but is not limited to hatchet throwing (referred to as “Activities”). I understand that my participation in the Activities, as well as my presence on Bowldogs premises, involves numerous risks and dangers including, but not limited to:

   • Property loss and damage;
   • Bodily injuries (minor, major and catastrophic), including but not limited to: temporary or permanent disability (including paralysis), disfigurement, death, discomfort, tightness, redness, welts, abrasions, twists, tears, ruptures, cuts, strains, bruising, sprains, breaks, dislocation, dental injuries, eye injuries, loss of sight, concussions, and many other minor and serious injuries;
   • Bowldogs' own negligence; my negligence; negligence of other participants and third parties’ emotional trauma;
   • Consuming alcohol prior to or during my participation in the Activities;
   • Equipment failure or deficiencies; falling off equipment; misuse of equipment;
   • Actions, omissions, or conditions outside of Bowldogs’ control not mentioned in this Agreement.

   These risks cannot be eliminated without jeopardizing the essential qualities of hatchet throwing and other activities provided by Bowldogs. BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) AND/OR MINORS IN MY CARE TO SUE BOWLDOGS FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF BOWLDOGS, INCLUDING ANY OF ITS OWNERS, AFFILIATES, AGENTS, EMPLOYEES AND EQUIPMENT SUPPLIERS TO THE FULLEST EXTENT UNDER THE LAW.

2. I AGREE TO BE RESPONSIBLE FOR MY WELFARE. I AGREE TO BE RESPONSIBLE FOR THE WELFARE OF ANY AND ALL MINORS IN MY GROUP. I KNOWINGLY AND FREELY ASSUME ALL OF THE ABOVE RISKS, including both those known and unknown.

3. I understand that Bowldogs reserves the right in its sole discretion to accept, decline to accept, or remove any person in or from the Activities. I understand that Bowldogs will not give me any refund for any unused portion of the Activities. If I am injured, I agree to pay for and be responsible for all costs and fees connected with any medical care, transportation, and supplies that may be provided. Bowldogs will have no liability regarding the adequacy of such medical care, transportation, equipment, or supplies.

4. To the fullest extent permitted by law, I hereby expressly:

   1. WAIVE AND DISCHARGE ANY AND ALL CLAIMS OF ANY KIND AND NATURE WHATSOEVER AGAINST Bowldogs, its owners, shareholders, officers, employees, directors, representatives, owners and lessors of the premises on which the Activities are provided, volunteers, heirs, successors and assigns (individually and collectively referred to as “Released Parties”) arising out of or related to the Activities and services provided by Bowldogs, or the conditions of the premises, equipment, or any other cause whatsoever, even if such claims allege negligent acts or omissions of Bowldogs.
   2. RELEASE THE RELEASED PARTIES from and against any and all liability resulting from injuries and damages arising out of or related to the Activities and services provided by Bowldogs or the conditions of the premises, equipment, or any cause whatsoever, whether caused by Bowldogs' own negligence or otherwise and whether the injury or damage occurs while participating in, going to, or coming from such activity.
   3. AGREE TO DEFEND, INDEMNIFY, HOLD HARMLESS, AND COVENANT NOT TO SUE THE RELEASED PARTIES in connection with any claims, causes of action, demands, losses, or damages of any and every kind and nature whatsoever which are in any way related to or connected to the Activities or services provided by Bowldogs and my participation in the Activities or services provided by Bowldogs or the conditions of the premises, equipment, or any cause whatsoever, even if such claims allege negligent acts or omissions of Bowldogs.

5. I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, my spouse, and all members of my family, and my and their heirs, successors, assigns, personal and legal representatives; it being the intention of me, my spouse, and all members of my family, and my and their heirs, successors, assigns, personal and legal representatives to fully assume all risks associated with the Activities and services provided by Bowldogs, including the conditions of the premises or equipment on which the activities and services take place, from any and all liability to the maximum extent permitted by law.

6. I agree and understand that abiding by all instructions and rules (both written and verbal) at all times while participating in the Activities is a requirement for participation. I agree that if I fail to follow such instructions and rules and fail to act responsibly, I waive any and all right to continue participating in the Activities and any benefits associated with being a participant. I understand the following safety rules:

   1. No trick shots are allowed, including but not limited to under hand, side arm, and blind folded shots.
   2. Only one person and one hatchet per lane is allowed.
   3. Once a hatchet is thrown, another hatchet cannot be thrown in the same lane until the first hatchet is retrieved.
   4. Standing behind, next to, or in front of someone throwing a hatchet is prohibited.
   5. Hatchets can be retrieved only after each participant’s throw.
   6. Hatchets in the pit must be retrieved at the same time.
   7. Hatchets must be returned to the hatchet holders and must not be passed directly to the next participant.
   8. Hatchets must not be removed from the throwing area and must be handled in a safe manner.
   9. A Bowldogs employee must be notified immediately when target boards begin to break or splinter.
   10. Bowldogs management or employees have the right to terminate my throwing privileges if I am or appear to be intoxicated.

7. I represent and warrant that I have no medical, mental, or physical condition that could interfere with my or another participant’s safety or ability to participate in the activities and services provided by Bowldogs.

8. I agree that Bowldogs may use, re-use, reproduce, distribute, display, exhibit, and publish any images, photos, or videos that I send to it, or that are taken by Bowldogs or others of me individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without my right to inspection, for promoting and publicizing Bowldogs Activities, services, and products worldwide. I understand that I must notify Bowldogs in a separate writing before I participate in the Activities if I do not agree to such use.

9. If a dispute arises out of or relates to this Agreement and/or Bowldogs and/or any Activities and/or an incident that occurs while on the premises, and/or while using any items purchased in or about the premises, as well as the installation, design, construction, and condition of the facility by Bowldogs involving a single claimant, or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations, and unless the parties agree on a different mediation or non-binding arbitration process, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures available at http://www.adr.org before resorting to non-binding arbitration. Thereafter, any unresolved claims shall be submitted to non-binding arbitration administered by the AAA in accordance with its Non-Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws of the State in which the Bowldogs facility is located. In-person hearings will take place pursuant to the Non-Binding Consumer Arbitration Rules in the county/parish and state in which Bowldogs is located. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any non-binding arbitration hereunder without the prior written consent of both parties. The parties agree to mediation and non-binding arbitration of any and all claims, disputes and grievances, not otherwise excepted herein, arising out of or relating to this Agreement, the participation in any on-site Activities and/or while on the premises, and/or while using any items purchased in or about the premises, as well as the installation, design, construction, and condition of the facility by Bowldogs. A copy of the Rules mentioned herein may be obtained from the AAA by visiting the AAA’s website at http://www.adr.org. The scope of this Agreement is intended to be as broad as possible under applicable law, and shall include all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to non-binding arbitration the issues of substantive and procedural arbitrability, including defenses to arbitration and all disputes regarding the enforceability, interpretation, breadth, scope and meaning of this Agreement. The parties reserve their rights to resolve disputes involving less than $6,000.00 in an applicable small claims or district court in the county/parish and state in which the Bowldogs is located that are within the scope of the small claims’ or district court’s jurisdiction.

   In the event non-binding arbitration does not totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against Bowldogs shall be in the county/parish and state in which the Bowldogs facility is located. It is further agreed that the substantive law of the State in which Bowldogs is located shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered in any federal or state court having jurisdiction.

10. By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived my and my spouse and/or child(ren)/ward(s) right to maintain any action in court or to be decided by a jury against Bowldogs on the basis of any claim from which I have released Bowldogs and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless Bowldogs and all equipment suppliers from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by Bowldogs and all equipment suppliers as a result of the participation in Activities in or about the facility by myself, my spouse and/or child(ren)/ward(s) and/or claims asserted by myself, my spouse and/or child(ren)/ward(s) against Bowldogs related to such participation in Activities. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

11. I agree that this agreement is intended to be as broad and inclusive as permitted under applicable law. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

12. To the extent permitted by law, I promise to indemnify and pay Bowldogs for any attorneys’ fees and/or costs incurred to enforce this Agreement including litigation, mediation, or arbitration portion of this agreement, including all costs associated with any collection efforts.

I HAVE READ THIS Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY. I confirm that I have had sufficient opportunity to read this entire agreement and to have all of my questions answered. My signature applies to each page of this agreement as if fully set forth therein.

PLEASE NOTE: We reserve the right to review your driver’s license and/or other forms of identification to verify identity and date of birth/age. This Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement, if signed electronically, will entitle you to participate in Bowldogs’ activities and services for one year at all Bowldogs’ locations. At the end of one year or if Bowldogs’ adopts a new liability waiver, a new waiver must be signed for you or the Minor Child.