Waiver

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WARRANTY AND CONSENT ASSUMPTION OF RISK RELEASE AND WAIVER OF LIABILITY INDEMNITY AGREEMENT TO: Deep Roots Distillery , LLC/ Into the Grain, LLC/Into The Grain Axe Throwing, LLC

IN CONSIDERATION of allowing me (the REALEASOR) to participate in the events and activities provided by and overseen by Deep Roots Distillery, LLC/Into the Grain, LLC/Into The Grain Axe Throwing, LLC., hereafter referred to as the "ACTIVITIES".

I WARRANT THAT ALL OF THE FOLLOWING ARE TRUE AND LEGALLY BINDING: 

-I am familiar with the risk of serious injury and/or death which any participant in the ACTIVITIES must assume.

-I believe that I am physically, emotionally and mentally able to participate in the ACTIVITIES.

-I understand that all applicable rules for participation must be followed, and that at all times the sole responsibility for personal safety remains with me.

-I will immediately remove myself from participation, and notify the nearest staff member, if at any time I sense or observe any unusual, hazardous, or unsafe conditions that may affect my safety, or if I feel that I have experienced any deterioration in my physical, emotional, or mental fitness that may affect my continued participation in the ACTIVITIES.

-I also confirm that the RELEASEES (listed below) will not be held responsible in the event of any complaint or legal action undertaken against myself as a result of my bringing / imbibing alcohol at the event in which Deep Roots Distillery, LLC/Into the Grain, LLC/Into The Grain Axe Throwing, LLC. is providing the ACTIVITIES.

-In the event that Deep Roots Distillery, LLC/Into the Grain, LLC/Into The Grain Axe Throwing, LLC

. takes photographs or videos, I hereby assign full copyright of these photographs and videos Deep Roots Distillery, LLC /Into the Grain, LLC/Into The Grain Axe Throwing, LLC. (and the related representatives and assigns) together with the right of reproduction either wholly or in part. Furthermore, I grant Deep Roots Distillery, LLC / Into the Grain, LLC/Into The Grain Axe Throwing, LLC, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of me, or where I may be included for any business purpose, in any manner and medium, including, but not limited to: advertising in digital or physical form, or social media posts, with or without any retouching or alteration and without restriction or compensation.

- Deep Roots Distillery, LLC/Into the Grain, LLC/Into The Grain Axe Throwing, LLC uses a video/audio streaming surveillance system for the safety and protection of its premises, staff, participants, and visitors. Surveillance is not utilized in areas where any person has a reasonable expectation of privacy, including bathrooms, locker rooms, or other changing areas. Deep Roots Distillery, LLC/Into the Grain, LLC/Into The Grain Axe Throwing, LLC agrees to abide by all federal and state laws in regards to the capturing of audio and visual recordings, including wiretap and eavesdropping laws, as well as The Child’s Online Privacy Protection Act of 1998 and any future regulations set forth by the federal or state governments. I hereby consent to audio/video surveillance of me and/or the Participants while on the premises. I further release Deep Roots Distillery, LLC/Into the Grain, LLC/Into The Grain Axe Throwing, LLC, its employees, agents and assignees from all liability, including liability for negligence, wiretapping, eavesdropping or privacy infringement, in connection with surveillance conducted on the premises.

-  I understand that I must wear closed-toed shoes in order to participate in axe throwing activities. Footwear that exposes your toes, increases your risk of injury including, but not limited to, axes falling on your feet, and/or hitting your feet from drops or ricochets, which can cause minor to severe injury. If you decide to wear open toed footwear against our recommendations you accept the liability that may come from injury for not following our policy. You will not be able to participate in the ACTIVITIES without closed-toed shoes. Please note that any HIGH HEELED SHOES are also NOT ACCEPTABLE due to the risk of becoming stuck in the floor and causing a safety issue. Deep Roots Distillery, LLC /Into the Grain, LLC/Into The Grain Axe Throwing, LLC. staff shall have final authority on whether or not a shoe is acceptable.

-I acknowledge that the staff of Deep Roots Distillery, LLC /Into the Grain, LLC/Into The Grain Axe Throwing, LLC, has final authority to end my participation in the ACTIVITIES without refund if my participation presents a danger to myself and/or others, and/or if I fail to follow the rules/agreements or procedures/commands listed herein or verbally by staff during the ACTIVITIES.

I UNDERSTAND AND AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin, that my participation in the ACTIVITIES and execution of this document constitutes:

I agree to an unqualified ASSUMPTION OF ALL RISKS associated with participation in the ACTIVITIES by me, even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the ACTIVITIES organizer and any persons associated therewith or participating therein. The execution of this document signifies a FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the above named parties, any event organizer and all persons and organizations associated with them and the ACTIVITIES, including without limiting the generality of the foregoing, their respective officers, partners, directors, officials, agents and/or employees, other participants, sponsors, advertisers, owners and/ or owners of the premises used to conduct the ACTIVITIES, sanctioning bodies, medical or rescue personnel (the “RELEASEES”), of and from with the respect to all injury, disability, death, loss or damage to person or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise, and therefore an I AGREE NOT TO SUE / PURSUE ANY LEGAL ACTION against the RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation in the ACTIVITIES by me, and an AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the RELEASEES or otherwise.

THE REALEASOR HEREBY AGREES that this Release of Liability, Waiver and Assumption of Risk will be governed by the laws of the state of Massachusetts, and that any dispute of this Release of Liability, Waiver and Assumption of Risk will be adjudicated by the court jurisdiction in Fiskdale/Sturbridge, Massachusetts and the RELEASOR hereby attorns to the exclusive jurisdiction of this Court for this purpose.

I HAVE READ THIS DOCUMENT THOROUGHLY. 

I UNDERSTAND THAT THE RELEASEES ARE RELYING UPON MY WARRANTIES, ASSUMPTIONS, WAIVER AND RELEASE, UNDERTAKINGS AND AGREEMENTS WHEN ACCEPTING MY PARTICIPATION IN THE ACTIVITIES. 

I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I GIVE UP POTENTIALLY SUBSTANTIAL LEGAL RIGHTS I WOULD OTHERWISE HAVE. 

I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT AND WISH TO PARTICIPATE IN THE ACTIVITIES.