COPY OF TERMS AND CONDITIONS
Smash Room* Waiver and Release of Liability
BY SIGNING THIS AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ THIS AGREEMENT FULLY AND CAREFULLY PRIOR TO SIGNING
In consideration of my being allowed to use the services, equipment, and facilities of Smash Room*, LLC (“* name”), I hereby acknowledge and agree to the following terms and conditions:
ASSUMPTION OF RISK: I hereby acknowledge, accept and agree that the use of or participation in a smash room and the use of Smash Room’s* services, equipment, and facilities are inherently dangerous. Participation in a smash room may place unusual stresses on the body and is not recommended for persons suffering from asthma, epilepsy, cardio disorders, respiratory disorders, hypertension, skeletal, joint or ligament problems or conditions, and certain mental illnesses. Women who are pregnant or suspect they are pregnant and persons who have consumed alcohol or are otherwise intoxicated are not recommended to engage in smash room sessions. I have been advised to consult with my medical practitioner if I have any concern about my medical condition or fitness to engage in a smash room session. I have received full information regarding the Activities and have had the opportunity to ask any questions that I had regarding the same.
RELEASE: In consideration of my use of Smash Room’s* services, equipment, and facilities, and/or participation in any Activities offered by or held at Smash Room*, I hereby release and discharge Smash Room*, as well as its members, managers, officers, directors, owners, employees, agents and contractors, from any and all liabilities, suits, claims, causes of action, demands, damages (including attorneys’ fees and expenses), losses or costs of any nature whatsoever incurred by me or that are in any way related to or arising out of the use or intended use of Smash Room* services, equipment, and facilities, whether supervised or not, including, without limitation, all claims for property damage, personal injuries or wrongful, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including Smash Room*(collectively, the “Claims”).
INDEMNIFICATION: I hereby agree to indemnify Smash Room*, as well as its members, managers, officers, directors, owners, employees, agents and contractors, from any and all liabilities, suits, claims, causes of action, demands, damages, losses or costs of any nature whatsoever arising out of, or in any way relating to, my use of or movement in or throughout Smash Room’s*services, equipment, and facilities, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including Smash Room*.
I understand and agree that Smash Room*and its personnel or staff reserves the right to deny access to its facilities to any individual, permanently or for a specified period of time, for any breach of Smash Room’s*policies, rules, and regulations, for any conduct that is viewed as unsafe or inappropriate, or for any other reason whatsoever, whether disclosed or not. While using Smash Room*services, equipment, and facilities, I consent to Smash Room*capturing any form of media containing my image, be it photo or video, and agree that any such media may be used for any and all purposes that Smash Room*deems appropriate in its sole and absolute discretion.
This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death or incapacity. By signing this agreement, I waive the right to bring a court action to recover damages or obtain any other remedy for any injury to myself or death, or any damages to my property, however caused, arising out of my use of or movement in or throughout Smash Room’s*services, equipment, and facilities, now or any time in the future, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including Smash Room*. I agree to pay for any and all reasonable attorneys’ fees and expenses incurred by Smash Room*as a result of any claims made by me or on my behalf in contravention of this agreement. I am at least 18 years of age and legally competent to sign this agreement. This Assumption of Risk, Release and Indemnification shall be effective and binding upon me and upon my assigns, heirs, representatives, executors and administrators. If I am under the age of 18 and at least 13, this release must also be signed and filled out below by my parent or guardian.
My participation in this activity is purely voluntary, and I elect to participate in spite of the risks described herein. I further certify that I have no medical or physical conditions which interfere with my ability to participate safely in the use of Smash Room’s*services, equipment, and facilities, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.