Liability Waiver
Before engaging in any Smash Room CT activities, we ask you to read and sign this waiver.
Purpose of the Agreement
The purpose of this Agreement is to ensure the Participant's understanding and awareness of the risks involved during their engagement with any of the Smash Room's activities and services (the "Program") that they are attending and to obtain pertinent information regarding the Participant for the Smash Room to manage the Program and address any issues that may be derived from the program
Terms of Liability Waiver and Hold Harmless and Indemnity Agreement
The undersigned Participant hereby warrants and agrees as follows:
i. I, the undersigned of this Agreement ("Agreement"), being of legal age and upon careful thorough review hereof and with the full understanding of the Program that I am taking part in understand it may result in unusual risks of injury, dangers, hazards, or harm, including but not limited to accidents that may occur in the facilities owned and/or operated by Smash Room; harm from items or equipment that are temporary or permanently in place' slips and falls; tripping; hitting the floor; collision with other people; injury from flying debris; property damage; cuts or abrasions; malfunction of equipment used; open wounds; shock, stress, worsening of an existing medical condition, death or other injury to the Participant involved in the Program; negligence caused by other persons; harm caused by actions or omissions of other persons; and negligence caused on the part of the undersigned Participant agreeing to the terms of this Agreement.
ii. I freely accept and fully assume all inherent risks, dangers, loss, and hazards in any and all manner that might occur, and the possibility of injury, death, property damage, or loss resulting therefrom.
iii. I, the undersigned, shall follow the instructions of the employees from Smash Room.
iv. I, the undersigned, shall properly wear safety gear, handle weapons, or any other items or equipment.
v. I, the undersigned, shall be financially responsible for any damages caused by the improper use of any striking instruments or equipment at the Smash Room directly against the walls, ceilings, lights, doors, speakers, or any other items that are property of Smash Room.
vi. I, the undersigned, understand and am sufficiently informed about the risks of attending the Program and am assuming the risk and accepting the terms of this Agreement without relying upon any oral representations, statements, or inducements other than the terms contained herein. I, personally, hereby agree to be personally responsible for my safety and action while attending the Program.
vii. I, the undersigned, understand and am fully aware that attending or participating at the Smash Room facilities and the Program at the Smash Room may place unusual mental and/or physical stresses and pressures on the body. The use of presence at any of the facilities, services, or activities at the Smash Room is not recommended for persons suffering from asthma, epilepsy, cardio disorder, respiratory disorder, hypertension, or skeletal, joint, or ligament problems or conditions, and mental illness. Women who are pregnant or suspect that they are pregnant are not recommended to engage in or participate at the Smash Room Program. I have been instructed to consult with my medical practitioner if I have any concern about my medical condition(s) or fitness.
viii. I consent to any and all photography and videography being taken of my person during my participation at the Smash Room and while at the premises. I consent to any and all publication of any photography and videography being taken of me for advertising, promotional, and marketing purposes.
ix. I, for myself, and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives irrevocably waive any claim of all types and degrees including but not limited to: illness, infirmity, injury, disability, medical treatment, hospitalization, monetary loss, and opportunity, or wrongful death, alleged or actually caused during the Program that I am participating in against the Smash Room its agents, servants, managers, legal counsel, contractors, officers, employees, designees, and Commissioners ("Indemnitees"); and to further indemnify and hold harmless all such parties for any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney's fees, fees, and costs enforcing any right of indemnification under this Agreement, including all claims for wrongful death, made by or on behalf of such signatory to the extent alleged to have been caused during the Program. The exculpatory terms herein do not extend beyond claims outside the specified Program being attended nor do they apply to or benefit any other person, entity, or organization not specifically identified in this paragraph.
x. I voluntarily sign this waiver and hereby give permission for the Smash Room, its agents, servants, managers, contractors, employees, and staff to seek appropriate medical assistance for the Participant listed below.
xi. The signatory executing this Agreement acknowledges that he/she/they are aware of, and understand the federal, state, and local laws, orders, directives, and guidelines related to COVID-19, including the Connecticut Department of Public Health, Governor Lamonts' Executive Orders, and Centers for Disease Control and Prevention (CDC) guidance, and shall engage in reasonable self-policing including, without limitation, travel restrictions to and from states with positivity rates exceeding Connecticut standards, and shall not claim to delegate to or rely upon, the performance of any such duties or functions to the Smash Room, its agents, servants, managers, contractors, employees, and staff.
xii. This Agreement constitutes the sole and entire agreement and can only be altered by a written amendment signed by both the Participant and the Smash Room, their agents, servants, managers, legal counsel, contractors, officers, employees, designees, or its Commissioners.
xiii. The Parties acknowledge and agree to the terms herein were negotiated and mutually agreed upon by the Parties. This is not a contract of adhesion. If the signatory sought changes to this Agreement, he, she, or they had the opportunity to advise the Smash Room, their agents, servants, managers, legal counsel, contractors, officers, employees, designees, or its Commissioners of the same so that the Parties may negotiate the terms of this Agreement.
xiv. The terms of this Agreement shall survive the termination of the Agreement and shall be enforceable for a period of not less than six years. The six-year period shall be tolled during any time that an applicable limitation is tolled.
xv. The laws of the State of Connecticut shall govern the terms of this Agreement and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS WAIVER AND HOLD HARMLESS AND INDEMNITY AGREEMENT, AND FREELY AND KNOWINGLY ASSUME THE RISKS FOR ATTENDING THE PROGRAM OR EVENT AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.
I AM THE LEGAL GUARDIAN OF THE PARTICIPANT NAMED BELOW. I HAVE THE LEGAL RIGHT TO CONSENT TO AND, BY SIGNING BELOW, I HEREBY DO CONSENT TO THE TERMS AND CONDITIONS OF THIS WAIVER AND HOLD HARMLESS AND INDEMNITY AGREEMENT ON BEHALF OF THE PARTICIPANT NAMED BELOW.