Splatter Dayz Assumption of Risk, Release and Indemnification Participant
In consideration of my being allowed to use the services, equipment, and facility of Splatter Dayz LLC, 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 splatter paint room, related activities, and the use of equipment, and the facilities at Splatter Dayz might have dangers. Participation in a splatter session and related activities may place unusual stresses on the body and is not recommended for persons suffering from egg allergies, other unknown allergies, asthma, epilepsy, cardiovascular disorders, respiratory disorders, hypertension, skeletal, joint or ligament problems, and certain mental illnesses. Women who are pregnant or may be pregnant. 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 splatter session. I have received full information regarding Splatter Dayz 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 the splatter paint and the services, equipment, and facilities used in splatter rooms and related activities at Splatter Dayz, LLC, which may include but are not limited to • Any and all manner of injury, including and without limitations; the possibility of serious injury or death, resulting from any of the services, equipment, and facilities by or at Splatter Dayz, including and without limitation, slipping or tripping and hitting the floor, equipment, people or debris, whether permanently or temporarily in place, failure to wear protective gear, flying paint or any other consequence whatsoever of utilizing Splatter Dayz 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 paint; • Cuts and abrasions resulting from skin contact with any 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, paint, or any other items or equipment; • Failure to follow Splatter Dayz 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 a splatter room, and the services, equipment and facilities used in rage rooms and related activities at Just One of Those Dayz. I further acknowledge that the above list is not inclusive of all possible inherent risks associated with the use of Splatter Dayz service 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. RELEASEs In consideration of my use of Splatter Dayz services, equipment, and facilities, and/or participation in any program, competition, special event, group or party offered by or held at Splatter Dayz, I hereby release and discharge Splatter Dayz, 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 Splatter Dayz 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 partes, including Splatter Dayz (collectively, the “Claims”). INDEMNIFICATION: I hereby agree to indemnify Splatter Dayz, as well as its members, managers, officers, directors, owners, employees, agents and contractors, from any and all liabilities, suits, claims, causes of acton, 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 Splatter Dayz 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 Splatter Dayz. I understand and agree that Splatter Dayz 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 Splatter Dayz 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 Splatter Dayz services, equipment, and facilities, I consent to Splatter Dayz 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 Splatter Dayz deems appropriate in its sole and absolute discretion. Splatter Dayz may add my email address to their mailing list for Splatter Dayz updates and promotions. This agreement shall be effective and binding upon my heirs, next of kin, executors, administrator’s 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 Splatter Dayz 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 Splatter Dayz. I agree to pay for any and all reasonable attorneys’ fees and expenses incurred by Splatter Dayz 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, executor’s and administrators. If I am under the age of 18, 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 despite the risks described herein. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or I will otherwise agree to bear the costs of such injury or damage. I further certify that I have no medical or physical conditions which interfere with my ability to participate safely in the use of Splatter Dayz 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. 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 Florida, without regard to its conflict of law rules, and venue for any proceedings regarding this agreement shall be in the state courts located in Lee County, Florida. 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 Splatter Dayz, 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.
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