In consideration of the services of Rage Xscape, LLC, D.B.A. Rage Xscape, their agents, owners, officers, managers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "RX"),
I hereby agree to release, indemnify, and discharge RX, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in RX activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slipping and falling; confined spaces; flying debris; collision with fixed objects; strains, sprains, broken bones, and musculoskeletal injuries including head, neck, eyes, and back injuries; emotional injury; cuts, abrasions, bruises, cardiac-related illness; organ damage; hearing loss; or even more severe life-threatening hazards; the negligence of participants; equipment failure; my own physical condition, and the physical exertion associated with this activity. In any event, if myself or my child is injured, any medical assistance will be at my own expense.
Furthermore, RX employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the previously acknowledged risks and understand that all raging rooms are always being audio and video recorded.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless RX from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of RX equipment or facilities, including any such claims which allege negligent acts or omissions of RX.
4. Should RX or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against RX, I agree to do so solely in the state of Washington, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and in effect.
Additionally, if any fixtures, walls, window, or pipes in the rage room are broken due to negligence or disregard of the rules given, a financial penalty of $150 will be collected prior to me leaving the premises and I will not be given a refund from the forfeited time and materials.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against RX on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.