I have chosen to participate in a Rage Room owned and operated by Rage Room Daytona LLC. My use of the Rage Room facility (the “Facility”) shall include my participation in inherently dangerous activities such as (but not limited to) using a battery powered reciprocating saw, baseball bat, hammer, crowbar, golf club, sludge hammer, shooting paintballs, throwing and breaking small to large objects, some of which may be hard and/or heavy, and some of which may be made of glass, ceramic, pottery, metal, aluminum or other materials which, when broken, produce sharp pieces and/or shards. I understand and agree that my participation in the Rage Room is an inherently dangerous activity, and I agree to assume all risks associated with Rage Room Daytona LLC. Therefore, in consideration of Rage Room Daytona LLC permitting me to use their Facility and participate in Rage Room activities, I agree to the following terms and conditions: 1. Inherently Dangerous Activity, Risks. I understand that my use of the Facility to participate in the Rage Room (hereafter “my Participation”) is inherently dangerous and that I may be exposed to dangers and hazards including but not limited to: exposure to broken glass, ceramic, and other sharp materials that may stab or cut me, objects that may bounce back and hit me when thrown, potential injury from the act of hitting and/or kicking solid objects, potential injury from the act of throwing objects (including but not limited to injury as a result of being hit by a flying object), potential injury from the act of hitting and/or breaking objects, and other potential injuries that may result from acting out aggression in this manner. I understand that any of these medical injuries may happen during my participation cuts, scrapes, abrasions, burns, blisters, rashes, slips, falls, illness, disease, infection, shock, stress, emotional injury, psychological trauma, strain, tearing of muscles or ligaments, bruises, tissue injury, fractured or broken bones, neurological injury, injury to internal organs, injury to the eyes or ears or nose, cosmetic injury, cardiac or respiratory distress or injury, concussion, disability, paralysis, aggravation or worsening of any existing medical condition. I understand and agree that if my Participation includes participating in these activities with another person or other people, the likelihood that one or both of us may become injured is increased. I understand and agree that if my participation includes participating in these activities with another person or other people, the actions of the other person or people may injure me, I may injure the other person or people, and because we are acting out in an aggressive manner, a fight may break out between or among us. These are all risks of which I am aware and for which I freely assume all liability. 2. Assumption of Risks. I hereby freely assume any and all risks associated with my Participation, including but not limited to all dangers, hazards, and risks specifically listed in Paragraph 1 above as well as any and all other risks not listed that are part of my participation, and any and all harm, injury or loss that may occur to me or my property as a result of my Participation. In assuming all risks associated with and included in my Participation, I also assume all risk of any and all injury or loss caused by the negligence of Rage Room Daytona LLC, its employees, agents, officers, contractors, and licensees as well as the negligence of other Rage Room participants. I further assume any and all risks of injury and/or loss associated with or resulting from people, objects, fixtures, and equipment located inside the Facility regardless of whether such objects, fixtures, and equipment are or are not faulty. I understand and agree that all objects, fixtures, and equipment inside the Facility are provided without any warranty, express or implied. I specifically waive warranties of merchantability, non-infringement, title, and fitness for a particular purpose. 3. Medical Condition. I understand that the Sports may place unusual stresses on the body. Rage 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 to engage in Rage Room Daytona LLC activities at their own risks. I have been advised to consult with my medical practitioner if I have any concern about my medical condition or fitness to engage in participating at a Rage Room. 4. Hold Harmless, Release. I fully release and hold harmless Rage Room Daytona LLC, its employees, agents, officers, contractors, and licensees from and against any and all claims or liability of whatsoever kind or nature arising out of or in connection with my Participation, except in the case of gross negligence, recklessness, or intentional conduct. I hereby release Rage Room Daytona LLC, its employees, agents, officers, contractors, and licensees from all liabilities, causes of action, claims, and demands that arise in any way from any injury, death, loss, or harm that occur to me during my Participation or that relate in any way to my Participation. I further release Rage Room Daytona LLC, its employees, agents, officers, contractors, and licensees from any and all injury, death, loss, or harm that occurs to any other person or to any property during my Participation or that is in any way related to my Participation. My release includes but is not limited to claims for negligence of Rage Room Daytona LLC, its employees, agents, officers, contractors, and licensees and claims for strict liability for abnormally dangerous activities. I also agree NOT TO SUE or make any claim of any kind or nature against Rage Room Daytona LLC, its employees, agents, officers, contractors, and licensees for death, injury, loss, or harm of any nature that occurs during my Participation or is in any way related to my Participation. I hereby forever waive and disclaim any and all present and future claims against Rage Room Daytona LLC, its employees, agents, officers, contractors, and licensees for death, loss, or injury associated with my Participation or for any death, loss, or injury that occurs at the Facility except in the case of gross negligence, or intentional, or reckless conduct. 5. Indemnification. I promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND Rage Room Daytona LLC, its employees, agents, officers, contractors, and licensees against any and all claims for their own negligence, claims for my own negligence, claims for the negligence of others, and any and all other claim arising from my Participation and/or use of the Facility. If any such claims are made against Rage Room Daytona LLC, its employees, agents, officers, contractors, and licensees in connection with my Participation, I will reimburse Rage Room Daytona LLC, its employees, agents, officers, contractors, and licensees for any and all damages, reasonable settlements, and defense costs (including but not limited to court costs and attorney fees). I agree that in the event of my death, all terms of this Release of Liability, Assumption of Risk, and Indemnification Agreement shall be binding on my estate, and my personal representative, executor, administrator, and/or guardian shall be obligated to respect and enforce them. 6. Facility Rules. I agree to follow Rage Room Daytona LLC rules for using the Facility, including but not limited to heeding any and all warnings posted at the Facility. Because I am assuming any and all liability associated with my Participation, I hereby waive any and all claims against Rage Room Daytona LLC, its employees, agents, officers, contractors, and licensees for insufficient warning, failure to warn, or any similar causes of action and/or claims. I agree to use all safety equipment provided by Rage Room Daytona LLC. I understand that failure to use safety equipment properly may increase the risk of injury. Please wear closed toed shoes. We also recommend all participates wear long sleeves & long pants as we only provide face shields & gloves. I understand that failure to 'wear long sleeves, long pants and closed toe shoes' that doesn't cover skin may increase injury. Failure to wear closed toe shoes may increase injury to feet. 7. Miscellaneous. Florida law governs this Release of Liability, Assumption of Risk, and Indemnification Agreement and Volusia County, Florida is the proper venue for any dispute arising here under or otherwise arise out of my Participation. In the event any provision of this Release of Liability, Assumption of Risk, and Indemnification Agreement shall be deemed invalid or unenforceable such invalid or unenforceable provision shall be modified to the slightest extent to make it enforceable, and the remaining provisions shall remain valid and enforceable, each provision being severable. No waiver by Rage Room Daytona LLC of any right or remedy here under shall be deemed to constitute a waiver of any subsequent breach by me. Captions are for convenience only and do not in any way limit or amplify any terms or provisions. 8. Photo/Video Release. I consent to photographs and videos being taken of me during my participation in the Sports, and to publication of the photographs and videos by the Releases for advertising, promotional and marketing purposes. 9. Clothes & Closed-Toe Shoes. Please wear closed toed shoes. We also recommend all participates wear long sleeves & long pants as we only provide face shields & gloves. The Participant (and, as applicable the Guardian) understands and acknowledges that the Participant can lessen the Risks & Hazards and the Extent of Injury or Harm by wearing long sleeves, long pants that covers the skin, and closed-toe shoes. The Participant (and, as applicable, the Guardian) acknowledge(s) that in making the choice to not wear closed-toe shoes, long sleeves and long pants that covers the skin that each has read and understood the conditions that may increase the chance of injury. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE OF LIABILITY, ASSUMPTION OFRISK, AND INDEMNIFICATION AGREEMENT BEFORE SIGNING IT. RAGE ROOM DAYTONA LLC HASSATISFACTORILY ANSWERED ANY QUESTIONS I MAY HAVE. NO ONE HAS MADE ANY ORALREPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS FOR ME TO SIGN THIS DOCUMENT APART FROM WHAT IS CONTAINED HEREIN. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGALRIGHTS AND I SIGN IT OF MY OWN FREE WILL.
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