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In consideration of my being allowed to use the services, equipment, and facilities of Break It Entertainment, LLC, I hereby and acknowledge and agree to the following terms and conditions:

Customer acknowledges that such Customer is at least 18 years old, acknowledges and assumes the risk involved in handling and using tools to break items that may result in sharp and/or dangerous pieces, and each Customer uses the smash room at his/her sole risk and liability; and further acknowledges that neither the owner of the Shopping Center nor any of its managers, partners, agents, employees, contractors or suppliers have any involvement whatsoever with respect to the Smash Rooms or have furnished any of the objects or implements or have been involved in the construction, creation or maintenance of the Smash Room, and Customer agrees to hold such owner and all such persons and entities harmless from and against any and all claims, actions, expenses, damages and liability arising out of the Customer’s use of the Smash Room and the Demised Premises.

ASSUMPTION OF RISK: I hereby acknowledge, accept, and agree that the use of or participation in a rage room, related activities, and the use of Break It Entertainment, LLC’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 not recommended for persons suffering from asthma, epilepsy, cardio disorders, respiratory disorders, hypertension, skeletal, joint or ligament problems or certain conditions, and certain mental illnesses. Women who are pregnant or suspect they are pregnant and persons who have consumed alcohol or are otherwise intoxicated are not allowed 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 Break It Entertainment, LLC‘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 Break It Entertainment, LLC and the services, equipment, and facilities used in smash room and related activities at Break It Entertainment, LLC which may include but are 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, malfunction of the equipment used, and facilities, 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 consequence whatsoever of utilizing Break It Entertainment, LLC‘s services, equipment, and facilities;

b. Injuries resulting from the actions or omissions of other, 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 existing medical condition;

f. Failure or misuse of safety gear, weapons, or any other items or equipment;

g. Failure to follow Break It Entertainment, LLC’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 smash room, and the services, equipment and facilities used in rage rooms and related activities at Break It Entertainment, LLC.

I further acknowledge that the above list is not inclusive of all possible inherent risks associated with the use of Break It Entertainment, LLC‘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.

Dated: June 13, 2021

Release in consideration of my use of Break It Entertainment, LLC‘s services, equipment, and facilities, and/or participation in any program, competition, special event, events or services provided, arranged, organized, sponsored or authorized by the Releases in any way associated or connected with the Break It Entertainment, LLC‘s, group or party offered by or held at Break It Entertainment, LLC, I hereby release and discharge Break It Entertainment, LLC, as well as it 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 cost of any nature whatsoever incurred by me or that are in any way related to or arising out of the use or intended use ofBreak It Entertainment, LLC‘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 Break It Entertainment, LLC.‘s ( collectively, the “Claims”).

INDEMNIFICATION: I hereby agree to indemnify Break It Entertainment, LLC, 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 cost of any nature whatsoever arising out of, or in any way relating to, my use of or movement in or throughout Break It Entertainment, LLC‘s services, equipment, and facilities, whether or not there are any allegations or charges of 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 Break It Entertainment, LLC.

I understand and agree that Break It Entertainment, LLC 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 Break It Entertainment, LLC’s 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 Break It Entertainment, LLC’s services, equipment, and facilities, I consent to Break It Entertainment, LLC 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 purpose that Break It Entertainment, LLC deem appropriate in its sole and absolute discretion. This could include marketing, advertising, and any live streaming on social media. Break It Entertainment, LLC may add my email address to their mailing list for Break It Entertainment, LLC updates and promotions.

This agreement shall be effective and binding upon my heirs, next to 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 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 Break It Entertainment, LLC’s 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 Break It Entertainment, LLC. I agree to pay for any and all reasonable attorney’s fees and expenses incurred by Break It Entertainment, LLC 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, executors and administrators. If I am under the age of 18, this release must also be signed and filled out below by my parents or guardian.

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 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 Break It Entertainment, LLC’s 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 Mississippi, without regard to its conflict of law rules, and venue for any proceedings regarding this agreement shall be in the state courts located in Rankin County, Mississippi. 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 Break It Entertainment, LLC’s, 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.

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.

Dated: June 13, 2021

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
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By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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