RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO
SUE OR CLAIM COMPENSATION FOLLOWING ANY ACCIDENT OR INJURY
PLEASE READ CAREFULLY!
TO: STANLINO PTY LTD trading as EPIC SMASH, and its related entities, respective directors, officers, employees, guides, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as “EPIC SMASH”).
1. I understand that EPIC SMASH is in the business of providing services, rooms and/or experiences, within which I may destroy, deface and/or demolish the things that are authorised or permitted by EPIC SMASH to be destroyed, defaced or demolished (“smash/rage rooms”).
2. EPIC SMASH does not hold public liability (or any other) insurance for injuries or loss arising out of the participation in, or the use of, its smash/rage rooms or any associated equipment, services or facilities. Such participation and use is UNINSURABLE due to the inherent risks and dangers involved.
3. In consideration of myself being allowed to use the services, equipment, and facilities of EPIC SMASH, I hereby accept and acknowledge and agree to the following terms and conditions, as a part of my contract with EPIC SMASH.
ASSUMPTION OF RISK:
4. EPIC SMASH, its employees, directors and agents will not be liable to myself, my dependants or personal representatives for any or all of the matters outlined below, pursuant to section 139A of the Competition and Consumer Act 2010 (Cth):
4.1 personal injury or death suffered by myself;
4.2 mental injury suffered by myself;
4.3 the contraction, aggravation or acceleration of a disease suffered by myself;
4.4 the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to myself:
4.4.1 that is or may be harmful or disadvantageous to me or the community; or
4.4.2 that may result in harm or disadvantage to me or the community.
(collectively, “the Exclusions”)
5. I acknowledge that the use of smash/rage rooms constitutes a dangerous recreational activity, with many inherent risks and hazards, and as a consequence personal injury and sometimes the Exclusions can occur and I assume and accept all such risk and hereby waive the right to sue EPIC SMASH for any, all and each of the Exclusions in any way whatsoever caused by or arising from my participation in such activities.
6. WARNING: If you participate in these activities your rights to sue EPIC SMASH under the Competition and Consumer Act 2010(Cth) if you are killed or injured (or suffer from any of the Exclusions) because the smash/rage rooms were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in paragraphs 5 and 6 herein. The change to your rights, as set out herein, does not apply if your suffering from the Exclusions is due to reckless conduct.
7. I have considered and have full knowledge of the nature and extent of all the inherent risks and dangers associated with smash/rage rooms and the services, equipment and facilities used in smash/rage rooms and related activities at EPIC SMASH, which may include but are not limited to injuries or loss:
7.1 including without limitation the possibility of serious injury or death, resulting from any of the services, equipment, and facilities at EPIC SMASH, including without limitation, slipping or tripping on debris and hitting the floor, equipment or weapon malfunctions or mis-fires, collisions with people, obstructions or debris, whether permanently or temporarily in place, failure to wear, or malfunctions of, protective gear, flying debris or any other consequence whatsoever of utilising EPIC SMASH services, equipment, and facilities;
7.2 resulting from the actions or omissions of others, including but not limited to slips, trips, bumps and falls of other participants and/or flying, propelled or fast-moving debris;
7.3 involving cuts and abrasions resulting from contact with damaged items, debris, or any other surface, person, or equipment;
7.4 resulting from shock, dizziness, stress, or loud noises, whether mental or physical;
7.5 arising from the aggravation or worsening of any existing medical condition;
7.6 arising due to the misuse or malfunction of safety gear, PPE, weapons and any other items or equipment;
7.7 arising from any slippery, messy, unclean and/or uneven surface (including floors);
7.8 arising due to failure to follow EPIC SMASH employee instructions or failure to ask for information or assistance; and
7.9 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 smash/rage room, and the services, equipment and facilities used in smash/rage rooms and related activities at EPIC SMASH.
8. I have received full information regarding EPIC SMASH services (including the smash/rage rooms), equipment and facilities (including but not limited to, the above) and have had the opportunity to ask any questions that I have regarding the same.
9. I hereby acknowledge, accept and agree that the use of, or participation in, a smash/rage room, related activities, and the use of EPIC SMASH services, equipment, and facilities is inherently dangerous.
10. I further acknowledge that the above list is not inclusive of all possible inherent risks associated with the use of EPIC SMASH services, equipment, and facilities, and I agree that such list in no way limits the extent or reach of this agreement.
11. Participation in a smash/rage session and related activities may place unusual stresses on the body and is not recommended for persons suffering from any pre-existing conditions, 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 drugs should not engage in smash/rage room sessions and may be refused entry or participation by EPIC SMASH staff. By way of this agreement, 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/rage room session.
12. In consideration of my use of EPIC SMASH services, equipment, and facilities, and/or participation in any session, event, program, competition, special event, group or party offered by or held at EPIC SMASH, including (but not limited to) the smash/rage rooms, I hereby release and discharge EPIC SMASH, as well as its related entities, managers, officers, directors, owners, employees, agents and contractors, from any liability, suits, claims, causes of action, demands, damages (including solicitor fees and expenses), losses or costs of any nature whatsoever incurred by me that are for any, all or each of the Exclusions, whether or not there are any allegations of negligent acts or omissions on the part of any other parties, including EPIC SMASH (except in relation to reckless conduct on the part of EPIC SMASH), in any way related to or arising out of the use or intended use of EPIC SMASH services, the smash/rage rooms, equipment, and facilities, whether supervised or not.
13. I hereby indemnify EPIC SMASH, as well as its related entities, managers, officers, directors, owners, employees, agents and contractors, in respect of any and all liability, suits, claims, causes of action, demands, damages, losses or costs of any nature whatsoever (including legal costs on the indemnity basis) arising out of or in any way relating to any, all and each of the Exclusions whether or not relating to or arising out of my use of or movement in or throughout EPIC SMASH's services, the smash/rage rooms, equipment and facilities, whether or not there are any allegations of negligent acts or omissions on the part of any other parties, including EPIC SMASH (except in relation to reckless conduct).
14. I understand and agree that EPIC SMASH 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 EPIC SMASH policies, rules and regulations, or for any conduct that is viewed as unsafe or inappropriate, or for any other reason whatsoever, whether disclosed or not.
15. I understand that I must comply with all signs or other directions of EPIC SMASH and it may suspend or cancel my access to the EPIC SMASH services, the smash/rage rooms, equipment and facilities, in its absolute discretion for non-compliance with these conditions, inappropriate behaviour, unsafe behaviour or for reckless or careless conduct
16. 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 and forms part of my contract with EPIC SMASH. By signing this agreement, I waive the right to bring any court action to recover damages or obtain any other remedy for any, all and/or each of the Exclusions, however caused (excluding reckless conduct), arising out of my use of or movement in or throughout EPIC SMASH services, the smash/rage rooms, equipment and facilities, now or any time in the future, whether or not there are any allegations of negligent acts or omissions on the part of any other parties, including EPIC SMASH (except in relation to reckless conduct).
17. My participation in these activities is purely voluntary, and I elect to participate despite the inherent and obvious risks and dangers, whether or not such risks and dangers have been specifically expressed herein. I agree to bear the costs of any injury or damage sustained. I further certify that I have no medical or physical conditions which interfere with my ability to participate safely in the use of EPIC SMASH services, equipment, and facilities, and I am willing to assume (and hereby assume) and bear any costs, losses and risks incurred, directly or indirectly, by any such condition.
18. I agree that I will be responsible for any damage caused as a result of my negligence or wrongful acts and/or due to any failure to follow EPIC SMASH signage or staff instructions.
19. This agreement will be governed by the laws of Queensland, and the venue for any proceedings relating to this agreement shall be the Courts of Queensland.
20. I agree that if any portion of this agreement is found to be void or unenforceable, such portion may be severed and the remaining portions shall remain in full force and effect.
21. I consent to EPIC SMASH capturing any form of media containing my image, be it photo or video (or otherwise), and agree that any such media may be used for any and all purposes that EPIC SMASH deems appropriate in its sole and absolute discretion. EPIC SMASH may add my email address to their mailing list for EPIC SMASH updates and promotions.
22. I am at least 18 years of age and legally competent to sign this agreement. This agreement 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 older than 16 years of age, this release must also be signed and filled out below by my parent or guardian.
23. I have had sufficient opportunity to (and have, in fact,) read this entre document and I agree to all of its terms and conditions.