IN CONSIDERATION OF the risk of injury that exists while participating in SmashTime Rage Room Smashing Session or activity provided by SmashTime (hereinafter the "activity"); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same; I HEREBY, for myself, my heirs, executors, administrators, assigns or personal representatives (herein collectively, "Releasor," "I" or "Me", which terms should also include Releasor's parents parents or guardians if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and HEREBY waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; I HEREBY release and forever discharge SmashTime LLC, located at 5718 W 3500 S #136 West Valley City, Utah 84128 their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "releases"), from any physical or psychological injury that I may suffer as a direct or indirect result of my participation in the aforementioned activity. I AM VOLUNTARILY participating in the aforementioned activity and I am participating in the activity at my own risk. I am aware that participation in activities at the Company involves inherent risks, including but not limited to physical injury, property damage, and other risks that may not be foreseeable, up to and including the risk of death, physical and psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), and economic or emotional loss. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I understand that these outcomes may arise from my own or others negligence, conditions related to travel to and from the activity, or from conditions at the activity locations(s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity. I FURTHER AGREE to indemnify defend, and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for Liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorneys fee's and any related costs. I FURTHER ACKNOWLEDGE in the event of an injury, accident, or illness and I should require medical treatment, I consent to receiving medical treatment deemed necessary by the Company and understand that I am solely responsible for all costs related to such medical treatment, including but not limited to first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I am aware, understand and agree that I carry my own health insurance. I FURTHER ACKNOWLEDGE that this activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained , and I agree to abide by the decision of the SmashTime LLC official or agent regarding my approval to participate in the Activity. I AFFIRM that I am 18 years of age or older. If I am between 12 and 17 years of age, I understand that my parent or legal guardian must sign this waiver on my behalf. I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE SmashTime LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST SmashTime LLC for PERSONAL INJURY, PROPERTY DAMAGE OR DEATH. To the extent that statute or Case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of SmashTime LLC, its agents, and employees. I agree that this Release shall be governed for all purposes by the State of Utah law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION. December 23, 2024 |