Liability Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (Hereinafter the “Release Agreement”). BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!

TO: SMASH AVENUE and their respective directors, officers, employees, guides, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as the “Releasees”).

ASSUMPTION OF RISKS 

I am aware that participating in a rage room involves unusual risks, dangers and hazards including, but not limited to: accidents which may occur in the facility; slips and falls; malfunction of the equipment used; injury and open wounds; shock, stress or other injury to the body while participating in the rage room; negligence on the part of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SMASH AVENUE. I acknowledge that the use of Smash Avenue may result in injury, worsening of an existing medical condition, or death. I freely accept and fully assume all such risks, dangers and hazards and the possibility of injury, death, property damage or loss resulting therefrom. I have full knowledge of all inherent risks associated with the use of Smash Avenue’s services, equipment, and facilities including but not limited to:

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 Avenue, 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 Smash Avenue’s services, equipment, and facilities;

Injuries resulting from the actions or omissions of others, including but not limited to slips, trips, and falls of other participants and flying debris;

• Cuts and abrasions resulting from skin contact with damaged items, debris, or any other surface, person or equipment;
• Injuries resulting from shock, stress, or other injury;
• The aggravation or worsening of any existing medical condition;
• Failure or misuse of safety gear, weapons, or any other items or equipment;
• Failure to follow Smash Avenue’s employee instructions or failure to ask for information or assistance;
• 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 any services, equipment, and facilities used in the rooms and related activities at Smash Avenue.

MEDICAL CONDITION 

I understand that use of the rooms at Smash Avenue may place unusual stresses on the body. Use of these rooms are not recommended for persons suffering from asthma, epilepsy, cardio/respiratory disorder, hypertension, or skeletal, joint or ligament problems or conditions, and certain mental illnesses. Women who are pregnant or suspect they are pregnant, are not recommended to engage in any activities at Smash Avenue. I have been advised to consult with my medical practitioner if I have any concern about my medical condition or fitness.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT 

In consideration of the Releasees agreeing to my participation, and permitting my use of Smash Avenue’s equipment, rooms, and other facilities, I hereby agree as follows:

• TO WAIVE ANY AND ALL CLAIMS AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, as a result of my participation in the rooms, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE RAGE ROOM;
• TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Smash Avenue;
• This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
• This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Connecticut and no other jurisdiction;
• Any litigation involving the parties to this Release Agreement shall be brought solely within the State of Connecticut and shall be within the exclusive jurisdiction of the Courts of Connecticut.
• PHOTO/VIDEO RELEASE – I consent to photographs and videos being taken of me during my participation at Smash Avenue, and to publication of the photographs and videos by the Releasees for advertising, promotional and marketing purposes.
• I agree that I will be responsible for damages from using striking instruments directly against the walls, ceilings, lights, doors, speakers or any other items that are the sole property of Smash Avenue, LLC.
• In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the rooms at Smash Avenue, other than what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SUBMITTING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.