WAIVER

In consideration of my being allowed to use the services, equipment, and facilities of SmashTime, LLC 6470 N Preston Hwy. Louisville, KY 40229, I, , acknowledge and agree to the following terms and conditions:

ASSUMPTION OF RISK:
I acknowledge, accept and agree that the use of or participation in a rage room, related activities, and the use of SmashTime’s services, equipment, and facilities are inherently dangerous. Participation in a rage session and related activities may place unusual stresses on the body and is therefore not recommended for persons suffering from asthma, epilepsy, respiratory disorders, hypertension, previous cardiac disease, disorders of the back or vertebra, skeletal, joint or ligament problems/conditions, and certain mental illnesses. Women who are pregnant or suspect they are pregnant are not recommended to engage in rage 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 rage room session. I have received full information regarding SmashTime’s services, equipment, and facilities and have had the opportunity to ask any questions that I had regarding the same. I have full knowledge of the nature and extent of all the inherent risks associated with rage rooms and the services, equipment, and facilities used in rage rooms and related activities at SmashTime, including but not limited to:
a. Any and all manner of injury, including without limitation the possibility of serious injury or death, resulting from any of the services, equipment, and facilities at Smash Time, LLC, including without limitation, slipping or tripping on debris and hitting the floor, equipment, weapons, people or debris, whether permanently or temporarily in place, failure to wear protective gear, flying debris or any other consequence whatsoever of utilizing SmashTime’s services, equipment, and facilities;
b. Injuries resulting from the actions or omissions of others, including but not limited to slips, trips and falls of other participants and flying debris;
c. Cuts and abrasions resulting from skin contact with damaged items, debris, or any other surface, person, or equipment;
d. Injuries resulting from shock, stress or another injury;
e. The aggravation or worsening of any previously existing medical condition (whether known or unknown at the time of this signing);
f. Failure or misuse of safety gear, weapons, or any other items or equipment;
g. Failure to follow SmashTime’s employee instructions or failure to ask for information or assistance;
h. Any injury that may occur while moving on or about the premises for any reason, including but not limited to slips, trips and falls, and any and all inherent risks of the use of or participation in a rage room.

I further acknowledge that the above list is not inclusive of all possible risks associated with the use of SmashTime’s services, equipment, and facilities, and I agree that such list in no way limits the extent or reach of this Assumption of Risk, Release, and Indemnification. Release In consideration of my use of SmashTime’s services, equipment, and facilities, and/or participation in any program, competition, special event, group or party offered by or held at SmashTime, I hereby release and discharge SmashTime, 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 incurred by me or that are in any way related to or arising out of the use or intended use of SmashTime’s 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 SmashTime (collectively, the “Claims”).

INDEMNIFICATION:
I hereby agree to indemnify SmashTime, 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 SmashTime’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 SmashTime.

I understand and agree that SmashTime 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 SmashTime’s policies, rules and regulations, for any conduct that is viewed as unsafe or inappropriate, or for any reason whatsoever, whether disclosed or not. While using SmashTime’s services, equipment, and facilities, I consent to SmashTime 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 SmashTime deems appropriate in its sole and absolute discretion. SmashTime may add my email address to their mailing list for SmashTime updates and promotions SmashTime will not sell or distribute your email or other information.

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 any damages or obtain any other remedy for any injury, up to and including death, any damages to my property, however caused, arising out of my use of or movement in or throughout SmashTime’s 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 SmashTime. I agree to pay for any and all reasonable attorneys’ fees and expenses incurred by SmashTime as a result of any claims made by me, or on my behalf. I agree that 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. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks described herein. I certify that I have adequate insurance to cover any injury or damage that may occur while participating, or I will otherwise agree to bear the costs of any injury or damage. I further certify that I have no medical or physical conditions which interfere with my ability to participate safely in the activities inherent to a rage room, 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. I agree that the validity and enforceability of this release of liability and assumption of risk will be governed by the laws of the State of Kentucky, without regard to its conflict of law rules, and venue for any proceedings regarding this agreement shall be in the state courts located in Bullitt County, Kentucky. 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. I have had sufficient opportunity to read this entire document, as well as the opportunity to ask questions about this document if I have any. By signing this agreement, I acknowledge that if anyone is hurt or property is damaged while I am on the premises, I may be found by a court of law to have waived my right to maintain a lawsuit against SmashTime, as well as its members, managers, officers, directors, owners, employees, agents and contractors, on the basis of any claim from which I have released them herein.

Participant’s Signature:
(Participants 18 years and older must sign)
Participant’s
Name:
Date: