PARTICIPANT WAIVER, RELEASE, RULES & POLICIES
1. AGREEMENT AND COVERED ACTIVITIES
This Participant Agreement, Assumption of Risk, Release of Liability, Rules and Policies (“Agreement”) applies to participation in the Smash Room, Splatter Room, Combo Experience, private events, birthday parties, corporate events, field trips, group events, and related activities offered by Splatter Room Iowa LLC, operating the Smash Room Iowa and Splatter Room Iowa experiences (“Company”) at 3800 Merle Hay Road, Des Moines, Iowa. For purposes of this Agreement, “Released Parties” means the Company and its members, owners, managers, employees, agents, contractors, representatives, successors and assigns, and, to the extent applicable to a claim arising from the premises or activities, the owners, landlords, lessors and property managers of the facility.
2. AGE REQUIREMENTS AND RESPONSIBLE ADULT SUPERVISION
The Splatter Room is for participants age 3 and older. The Smash Room is for participants age 8 and older. Every participant under age 18 must be under responsible adult supervision while participating. A responsible adult supervisor may be a parent, legal guardian, teacher, school employee, authorized chaperone, group leader, daycare or camp representative, or another responsible adult designated to supervise the minor or group. The responsible adult must remain available, provide reasonable supervision, and help ensure minors follow staff instructions and facility rules. Adult supervision does not, by itself, make the supervising adult the minor’s parent or legal guardian or give the supervising adult legal authority to sign a release on the minor’s behalf.
3. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
I understand that Smash Room and Splatter Room activities involve inherent and other risks that cannot be completely eliminated.
Smash Room risks include, without limitation, broken or flying glass, ceramic, plastic, metal, wood or other debris; sharp or jagged objects; use of hand tools and striking implements; accidental contact with tools or objects; loud noises; dust or particles; slips, trips and falls; physical exertion; strains, sprains, cuts, bruises, eye injuries and other bodily injuries; equipment failure or misuse; and actions of other participants. Splatter Room risks include, without limitation, wet or slippery surfaces; slips and falls; paint contacting skin, eyes, hair, clothing or personal property; sensitivity or allergic reaction; specialized or blacklight lighting; accidental collisions; use of brushes, containers or other equipment; and actions of other participants. I understand these activities may result in property damage and minor or serious bodily injury and, in extraordinary circumstances, permanent disability or death. I voluntarily choose to participate with knowledge of these risks. I agree to immediately stop participating and notify a Company employee if I believe equipment or conditions are unsafe.
4. ADULT RELEASE OF NEGLIGENCE CLAIMS — AGE 18 AND OLDER IF I AM 18 YEARS OF AGE OR OLDER, I EXPRESSLY UNDERSTAND THAT I AM RELEASING CERTAIN CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES.
To the fullest extent permitted by Iowa law, I release, waive and discharge the Released Parties from claims for personal injury, death or property damage arising out of or related to my participation in, presence at, or use of the Company’s activities or facility THAT ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF A RELEASED PARTY, including negligent inspection, maintenance, instruction, supervision, operation, failure to warn, or failure to protect against risks associated with the activities.
I understand this release specifically includes claims alleging NEGLIGENCE BY SPLATTER ROOM IOWA LLC, SMASH ROOM IOWA, SPLATTER ROOM IOWA, OR THEIR OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR OTHER RELEASED PARTIES.
This provision is intended to release claims based on negligence to the fullest extent permitted by Iowa law, including any degree of conduct that Iowa law treats as negligence.
Nothing in this Agreement releases liability for willful, wanton, reckless or intentional misconduct, or any other liability that cannot lawfully be released.
5. MINOR PARTICIPANTS AND PARENT / LEGAL GUARDIAN PERMISSION If I am signing as the parent or legal guardian of a minor participant, I give permission for the minor(s) identified on this waiver to participate in the applicable Smash Room and/or Splatter Room activities, subject to the age requirements and rules in this Agreement.
I acknowledge that I have been informed of the nature and risks of the activities and agree to instruct the minor to follow all staff instructions, safety requirements and facility rules.
I understand that Iowa law may limit or prohibit the ability of a parent or guardian to prospectively waive personal-injury claims belonging to a minor. Nothing in this Agreement is intended to waive a minor’s legal rights beyond what Iowa law permits.
The remaining provisions concerning permission to participate, acknowledgment of risks, supervision, facility rules, damage or misuse charges, emergency assistance, media consent and other lawful contractual obligations apply to the fullest extent permitted by law.
6. FACILITY AND SAFETY RULES
Participants must follow all written and verbal instructions from Company employees.
In the Smash Room, participants may strike or break only objects specifically designated by the Company as smashable.
Participants may not intentionally strike, kick, smash, puncture or damage walls, doors, ceilings, floors, lights, electrical equipment, fire or sprinkler equipment, cameras, furniture, fixtures, decorations, safety equipment, tools, protective equipment or any other property not specifically designated for smashing.
Participants may not strike another person with any tool or object.
Required protective equipment must be worn as instructed. Closed-toe shoes are required for Smash Room participation.
Participants may not climb on equipment, intentionally create unsafe conditions, interfere with safety equipment, or use any tool or equipment in a manner contrary to staff instructions.
The Company may immediately stop participation or end a session without a monetary refund for dangerous conduct, intentional or prohibited property damage, harassment, intoxication or impairment, refusal to follow instructions, misuse of equipment, or other conduct that threatens people or property.
7. SPLATTER ROOM PAINT USE
Participants may use the provided paint pumps as often as they wish during their session, subject to staff instructions and available paint.
Paint must be dispensed through the provided pump or another method specifically authorized by staff.
Participants may not open, uncap, remove the pump from, tip, bypass, pour from, or intentionally dump a gallon paint container.
Opening a container and pouring or dumping paint directly from the container is unauthorized misuse, even though participants are otherwise allowed to pump paint during the session.
8. DAMAGE, REPAIR AND PAINT MISUSE CHARGES
Normal use includes properly smashing items the Company has specifically designated as breakable. There is no damage charge for properly breaking those designated items.
A $100 Damage and Repair Charge may be assessed for EACH wall hole caused by prohibited conduct.
A $100 Damage and Repair Charge may be assessed for EACH unauthorized item that a participant intentionally or negligently damages or breaks.
A $100 Paint Misuse and Cleanup Charge may be assessed for EACH gallon paint container that a participant opens, uncaps, removes the pump from, bypasses, pours from, dumps, or otherwise misuses contrary to the rules above.
These amounts are intended as reasonable agreed charges to address anticipated repair or replacement costs, materials, paint loss, cleanup labor, staff time, operational disruption and administrative costs associated with prohibited conduct and are not intended as punishment or a fine.
To the extent permitted by law, an adult participant, or a parent or legal guardian signing for a minor, agrees to be responsible for applicable charges arising from that participant’s or listed minor’s prohibited conduct.
If the signer is also the reservation purchaser or authorized cardholder, the signer authorizes the Company to charge the payment method associated with the reservation for properly assessed charges.
9. PERSONAL PROPERTY AND CLOTHING
I understand that paint, debris and activity conditions may permanently stain or damage clothing, footwear, phones, glasses, jewelry, bags or other personal property. I accept these ordinary risks.
The Company is not responsible for ordinary loss of or damage to personal property except to the extent liability cannot lawfully be excluded.
10. HEALTH, FITNESS AND IMPAIRMENT
I am responsible for determining whether participation is appropriate for me and for seeking medical advice before participating if I have an injury, medical condition, physical limitation, pregnancy, sensitivity, allergy or other circumstance that may affect safe participation.
Participants may not participate while impaired by alcohol, illegal drugs, medication, or any other substance or condition that makes participation unsafe.
11. EMERGENCY ASSISTANCE
If an injury or emergency occurs, I authorize Company personnel to contact emergency medical services and provide reasonable first-response assistance consistent with their training.
I understand Company personnel are not required to provide medical treatment beyond their training.
I am responsible for medical, ambulance, hospital or other expenses incurred for my care, or for the care of a minor for whom I am legally responsible, except to the extent otherwise required by law.
12. ALL SALES FINAL — NON-EXPIRING CREDIT POLICY ALL SALES ARE FINAL.
Except where a monetary refund is required by law, the Company does not issue cash, debit-card or credit-card refunds for customer cancellations, changes of plans, missed reservations, late arrivals, early departures, refusal or inability to participate, or similar circumstances.
If the Company approves a cancellation, rescheduling adjustment, refund accommodation or other customer credit, the amount will be issued only as a NON-EXPIRING COMPANY CREDIT for a future eligible booking.
Company credits are not redeemable for cash except where required by law.
13. PHOTO, VIDEO, AUDIO AND MEDIA RELEASE
By signing this Agreement, I authorize the Company to photograph, video record and/or audio record me while I am at or participating in Company activities and to use my image, likeness, voice and appearance in the Company’s website, social-media pages, digital or print advertising, promotional materials and other legitimate business marketing without compensation to me. I understand that security footage may also be recorded for safety, security, incident investigation, loss prevention and business operations.
If I am signing as the parent or legal guardian of a minor participant identified on this waiver, I also authorize the Company to photograph, video record and/or audio record that minor and to use the minor’s image, likeness, voice and appearance for the same legitimate business marketing purposes without compensation.
I represent that I have legal authority to provide this media consent for the minor(s) I identify on this waiver.
The Company will not knowingly use an image or recording in a false, defamatory or unlawful manner.
14. RESPONSIBILITY FOR MY CONDUCT
I am responsible for injuries or property damage caused by my intentional misconduct, prohibited conduct, misuse of equipment, or violation of facility rules.
To the extent permitted by Iowa law, I agree to reimburse and indemnify the Released Parties for third-party claims or property losses caused by my own intentional misconduct, prohibited conduct or misuse of equipment.
This provision is not intended to make a parent, guardian, teacher, chaperone or supervisor liable for a minor’s personal-injury claim in a manner prohibited by Iowa law.
15. IOWA LAW, VENUE AND SEVERABILITY
This Agreement is governed by the laws of the State of Iowa.
To the extent legally permissible, any legal proceeding arising from this Agreement or participation at the facility shall be brought in a court of appropriate jurisdiction in Polk County, Iowa.
If any provision of this Agreement is held invalid, illegal or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in effect to the fullest extent permitted by law.
16. ELECTRONIC SIGNATURE AND FINAL ACKNOWLEDGMENT
I consent to the use of an electronic record and electronic signature.
I acknowledge that I have had the opportunity to read this entire Agreement before signing.
I understand the nature of the activities, the rules, the $100 damage/repair and paint-misuse charges, the all-sales-final/non-expiring-credit policy, and the photo/video/audio release.
IF I AM AN ADULT PARTICIPANT, I FURTHER ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS A RELEASE OF CLAIMS, INCLUDING CERTAIN CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES.
I certify that the information I provide is accurate and that I sign voluntarily. September 24, 2026 |