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WAIVER AND RELEASE OF LIABILITY 

This Release and Waiver of Liability Agreement (“Agreement”) is made as of the date Individual signs below, by and between Smash Sacramento, Inc., a California corporation (“Smash”), and the individual signing this Agreement (“I”, “my”, or “Individual”) (all, the “Parties”, each a “Party”).

 

WHEREAS, Smash will provide the premises and materials for the purpose of axe throwing and “rage room” activities, among others and in exchange, the Individual signing below agrees:

1. Use of Materials and Premises. I understand and agree that I may only use the businesspremises and materials for the purposes set forth by Smash, I am medically healthy to participate in the activities, and I am responsible for the proper use and care of the premises, materials, and any of Smash’s property thereon, and that I will be fully liable for the replacement cost of any Smash’s property which is damaged, destroyed, or lost arising out of or relating to my use of the business premises and materials, jointly and severally, with those who accompanied me.
2. Assumption of Risk. I understand and acknowledge that the activities that take place on the premises may be dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the activities that take place on the premises may not be supervised and that Smash does not provide medical services. I further acknowledge that any injury I may sustain while on the premises may be compounded by negligent or delayed medical service. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS RELATING TO MY USE OF THE PREMISES AND PARTICIPATION IN ACTIVITIES ON THE PREMISES, INCLUDING, WITHOUT LIMITATION, RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
3. Release from Liability. To the maximum extent permitted by applicable law, I agree, for myself and my heirs and personal representatives, to fully and forever discharge and release Smash (and its officers, shareholders, employees, and representatives) from any and all past, present, and future claims I may have for any injury, temporary or permanent disability, death, damages, liabilities, expenses, and/or causes of action, in any jurisdiction in the world, relating tomy entry upon the premises and use of the materials, whether caused by the active or passive negligence of the Smash or any other party for any reason. I ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS A COMPLETE RELEASE OF ALL LIABLITY AND RESPONSIBILITY OF SMASH FOR ALL PERSONAL INJURIES, TEMPORARY OR PERMANENT DISABILITY, DEATH, AND/OR PROPERTY DAMAGE SUSTAINED BY ME WHILE ON THE PREMISES OR USING THE MATERIALS.
4. Covenant Not to Sue. I agree, for myself and all my heirs and personal representatives, not to sue or initiate or assist in the prosecution of any claim for damages or cause of action against Smash (and its officers, shareholders, employees, and representatives) which I may have as a result of any personal injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action I may sustain while on the premises or using the materials. 
5. Indemnification. I, for myself and my heirs and personal representatives, hereby agree to defend, indemnify, and hold harmless Smash (and all of its shareholders, officers, employees, and representatives) from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, temporary or permanent disability, death, damages, liabilities, expenses, causes of action, or damage to property or third parties relating tomy use of the premises or materials, or participation in any activities on the premises.
6. Responsibility for Personal Property & Compliance with Laws. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the premises and that Smash (and its officers, shareholders, employees, and representatives) shall not be responsible for or provide any security for my property and personal belongings. I shall comply with all applicable federal, state, regional and local laws, rules and regulations on the premises and using the materials. 
7. No Representations by Smash. I acknowledge that Smash makes no representation as to the condition of the premises and materials provided, or the safety of any structures or equipment that may be used at the premises. I accept and shall use the premises and materials in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by Smash or Smash’s employees, agents, or representatives regarding the premises or materials. 
8. Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Agreement must be brought exclusively in any state or federal court located in State of California, County of Sacramento.
9. Waiver. The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce theprovision or other provisions of this Agreement.
10. Survival & Severability. Any provision of this Agreement providing for performance by either party after termination of this Agreement shall survive such termination and shall continue to be effective and enforceable. If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
11. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No waiver, change, modification, amendment, or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of the parties. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and representatives of the parties.

I ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.

First Clients Name

First Name*

Last Name*
First Clients Age Acknowledgment*
First Clients Date of Birth*
I certify that I am 18 years of age or older
First Clients Signature*
Second Clients Name

First Name*

Last Name*
Second Clients Date of Birth*
Third Clients Name

First Name*

Last Name*
Third Clients Date of Birth*
Fourth Clients Name

First Name*

Last Name*
Fourth Clients Date of Birth*
Fifth Clients Name

First Name*

Last Name*
Fifth Clients Date of Birth*
Sixth Clients Name

First Name*

Last Name*
Sixth Clients Date of Birth*
Seventh Clients Name

First Name*

Last Name*
Seventh Clients Date of Birth*
Eighth Clients Name

First Name*

Last Name*
Eighth Clients Date of Birth*
Ninth Clients Name

First Name*

Last Name*
Ninth Clients Date of Birth*
Tenth Clients Name

First Name*

Last Name*
Tenth Clients Date of Birth*
Clients Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
In the event of an emergency, please contact the following person(s) in the order presented:

Emergency Contact *

Contact Relationship *

Contact Telephone *
This Parental Consent Agreement (“Agreement”) shall be effective as of the date the Parent(s) sign below by and between Smash Sacramento, Inc., a California corporation (“Smash”) and the individual(s) identified as the Parents/Guardian below (singularly and colletively, the “Parents”). Parents represent and warrant they are legally responsible for the care, legal custody, and control of the Children above at all times, and are able to bind the Children to the Release & Waiver of Liability Agreement provided with this Parental Consent Agreement, of which Parents have been provided and the terms of which are incorporated by reference herein, which Parents hereby acknowledge having received and understanding. Parents expressly consent to the Children participating in the activities on the prremises of Smash, and represent and warrant all children at at least 12 years of age or older.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 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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