Assumption of Risk, Release of liability and Indemnification
Read Carefully-This affects your legal rights-with this document you are waiving your legal rights, including the right to sue or your right to claim compensation following an accident
This waiver of liability and Indemnification Obligation (Agreement) is entered into by an adult participant on his or her own behalf or as the parent or legal guardian of Child Participant(s) in favor of The Breaking Point LLC. Collectively and severally, Adult participants and Child participants, their heirs, successors, and assigns are referred to as Participants. As a participant I am being allowed to use and participate in the activities, services and equipment provided at The Breaking Point, LLC. Therefore, I hereby acknowledge, understand, agree/consent to the following terms and conditions:
ASSUMPTION OF RISK:
I hereby acknowledge, understand, agree/consent that by participating in and utilizing The Breaking Point LLC’s activities, equipment and services offered; the rage room and/or paint room, is inherently dangerous. I acknowledge, understand and accept my participation in a rage room and/or paint room at The Breaking Point LLC may place unusual stresses on the body.
The activities offered at The Breaking Point LLC are not recommended for people suffering from asthma, allergies, epilepsy, cardiovascular disorders, hypertension, skeletal problems, joint problems, ligament problems or conditions, and certain mental illnesses. Women who are pregnant or suspect they may be pregnant are not recommended to engage in the services and activities offered at The Breaking Point LLC. Any persons who have consumed alcohol or are otherwise intoxicated are not recommended to engage in the services and activities offered at The Breaking Point LLC, and may be refused service at any point. I have been advised that if I have concerns about my medical or physical conditions to consult with my medical practitioner prior to participating in the activities offered at The Breaking Point LLC.
I have received full information regarding The Breaking Point LLC’s services offered, the equipment/weapons I will be using and what activities I will be participating in. I have also been provided the opportunity to ask any and all question I may have about The Breaking Point LLC and all activities and services offered within. I agree/consent to comply with employee instructions and properly use the rooms, equipment, and safety gear as advised.
I understand all risks involved with participating in the activities and services offered at The Breaking Point LLC; including but not limited to any and all manners of injury, including and not limited to the possibility of serious injury or death; in the result of using and participating in any of the activities, equipment or services offered at The Breaking Point LLC, this includes and is not limited to; injuries from flying debris or paint, slipping or tripping on debris or paint and hitting the floor, equipment, weapons, or debris, whether permanently or temporarily in place. I fully acknowledge, understand and accept that I am to wear the protective gear that has been provided to me along with my own personal closed toed shoes and clothes that I don’t mind getting covered and possibly ruined from paint, while utilizing The Breaking Point LLC’s provided services and activities. I acknowledge and understand in my failure to wear or by removing proper protective gear, all of the consequences listed in this document can and may occur, in which The Breaking Point LLC along with any of its members/employees are not responsible.
RELEASE AND INDEMNIFICATION:
I agree as follows: I voluntarily agree/consent to release and discharge The Breaking Point LLC and its members, owners, employees, agents, contractors and anyone involved or affiliated with The Breaking Point LLC from any and all liabilities, suits, claims, causes of action, demands, damages (including attorney fees and expenses) and any amount of loss or cost incurred by me, whether supervised or not, this includes and is not limited to all claims of property damage, and any and all injuries with no limitation brought on by the use or intended use of The Breaking Point LLC’s activities/services and equipment whether allegations of negligent acts or omissions are on behalf of any and all members or any party relating to or affiliated with The Breaking Point LLC.
I acknowledge, understand and accept that The Breaking Point LLC is not responsible for any injuries resulting from the actions or omissions of others. I agree/consent The Breaking Point LLC is not responsible for any injuries received by any participants or myself, from any type of slips, trips, falls or flying debris; including cuts and abrasions resulting from skin contact with damaged goods or paint, injuries resulting from shock, stress or other injury; nor are they liable for the aggravation or worsening of any existing medical condition.
I further acknowledge that the above list is not inclusive of all possible inherent risks associated with the use of The Breaking Point LLC’s services, equipment and activities, and I agree/consent that such a list in no way limits the extent or reach of this Assumption of Risk, Release and Indemnification.
The Breaking Point LLC reserves the right to refuse service to any individual; whether it be permanently or temporarily, for any breach of policy, rules or regulations, for any conduct seen as unfit/unsafe or inappropriate or for any reason whatsoever, whether specified within this agreement/waiver or not.
I am at least 18 years of age and legally competent to sign this agreement/waiver. Or I am at least the age of 18 and the parent/guardian of participant who is under the age of 18.
Everything within the waiver including; the assumption of risk, the release and indemnification is binding upon myself and my executors, administrators, assigns and representatives.
I verify that I am voluntarily participating in the activities offered at The Breaking Point LLC, and I choose to participate regardless of the risks described within this agreement/waiver. I have adequate insurance to cover or I otherwise agree/consent to bear the costs of any and all injuries or damages acquired while participating in the activities/services offered within The Breaking Point LLC. I also verify that I have no medical or physical conditions that would hinder my ability to participate carefully and safely in the use of The Breaking Point LLC’s activities/services offered, If I do not safely and carefully utilize these activities/services, I verify that I agree/consent to bear the costs of any and all damages and risks that may occur whether directly or indirectly, due to any such condition.
I agree/consent that this Release of liability and Assumption of Risk and its validity and enforceability will be governed by the laws within the state of Wisconsin and no other jurisdiction. I agree/consent if any portion of this agreement/waiver proves to be void or unenforceable the remaining portion will continue to be in force and effective.
I agree/consent to being photographed/videotaped or recorded while participating in and utilizing the activities/services and equipment offered at The Breaking Point LLC. I also agree/consent that the videos or photographs may be used for any and all purposes The Breaking Point LLC deems appropriate, including such reasons as advertising and promotional or marketing services.
I have had ample opportunity to ask any questions I may have and read this entire agreement/waiver. With my signing this agreement/waiver I acknowledge that I may be found to have waived my right to maintain a lawsuit against The Breaking Point LLC or anyone affiliated with it, by a court of law, for any injury or property damage occurring while I am on the premises, based on the fact that I have released them of any claim described herein.
I agree/consent to take responsibility for any damages caused by inappropriate use of the equipment and/or rooms, including throwing items or striking the provided instruments/weapons directly against any speakers, cameras, ceilings, windows or walls.
Today's date: February 25, 2024