Full waiver disclosure
PARTICIPANT AGREEMENT, RELEASE, WAIVER OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK This Participant Agreement, Release, Waiver of Liability, Indemnity, and Assumption of Risk is entered into by the undersigned participant and, if applicable, the parent, legal guardian, or responsible adult signing on behalf of a minor participant. In consideration of being allowed to enter, use, attend, observe, or participate in any activity, event, party, private rental, corporate event, or service offered by Smash it Rage Rooms, LLC, DBA Smash it Rage Rooms, I agree to the terms below. For purposes of this Agreement, “Smash it Rage Rooms” means Smash it Rage Rooms, LLC, DBA Smash it Rage Rooms, together with its owners, members, managers, officers, employees, contractors, agents, representatives, volunteers, landlords, property owners, affiliates, successors, assigns, insurers, franchisors, franchisees, licensees, and any other person or entity acting on its behalf. This Agreement applies to all Smash it Rage Rooms locations, including current and future locations, owned locations, franchised locations, licensed locations, affiliated locations, mobile events, off site events, private events, parties, full building rentals, and corporate events. 1. Activities Covered I understand this Agreement applies to all activities and services offered by Smash it Rage Rooms, including but not limited to: Rage rooms, smash rooms, Throw Zone or glass throwing activities, paint splatter rooms, axe throwing, car smash activities, parties, birthday parties, date nights, group events, corporate events, team building events, private rentals, full building rentals, use of tools, use of protective equipment, use of activity rooms, entry into common areas, and observation of any activity. I understand that some activities may involve smashing, throwing, breaking, striking, painting, swinging, lifting, carrying, or moving objects, tools, glass, electronics, furniture, ceramics, household items, vehicle parts, or other materials. 2. Age Rules and Minor Participation I understand that Smash it Rage Rooms has age and supervision rules that may vary by activity. Rage room participants must be at least 8 years old. Throw Zone and paint splatter activities may allow younger participants, but all participants must be able to follow staff instructions, wear required protective equipment when required, and participate safely. Participants under 13 years old must have a parent, legal guardian, or responsible supervising adult physically present during participation. Participants age 13 and older may participate with a signed waiver, subject to Smash it Rage Rooms rules and staff approval. Smash it Rage Rooms may deny participation to any minor or adult if staff believes the participant cannot safely participate, cannot follow instructions, does not fit required protective equipment, appears impaired, or creates a safety concern. 3. Parent, Guardian, or Responsible Adult Agreement for Minors If I am signing for a minor, I represent that I am the minor’s parent or legal guardian, or that I have actual authority from the minor’s parent or legal guardian to sign this Agreement and accept responsibility for the minor’s participation. I understand that Smash it Rage Rooms recommends that each minor’s own parent or legal guardian sign this Agreement. If I sign for a minor who is not my child or legal dependent, I agree that I am accepting responsibility for that minor while at Smash it Rage Rooms. I agree to supervise the minor when required, ensure the minor follows all rules and staff instructions, and be financially responsible for any damage, injury, claim, cost, or loss caused by the minor’s conduct, unsafe behavior, or failure to follow rules. I understand that laws regarding waivers signed for minors may be limited. To the fullest extent allowed by law, I agree to release, defend, indemnify, and hold harmless Smash it Rage Rooms from claims arising from the minor’s conduct, my supervision of the minor, my failure to obtain proper permission, or any inaccurate statement I make regarding my authority to sign. 4. Assumption of Risk I understand that participation in Smash it Rage Rooms activities involves known and unknown risks. These risks cannot be eliminated without changing the nature of the activities. The risks include, but are not limited to: Flying debris, broken glass, ceramic shards, sharp edges, metal fragments, splinters, nails, screws, dust, paint, slippery surfaces, loud noises, impact from objects, rebound from walls or floors, collision with fixed objects, collision with other participants, misuse of tools, tool failure, protective equipment failure, falling objects, falling participants, cuts, puncture wounds, bruises, abrasions, eye injuries, face injuries, dental injuries, head injuries, neck injuries, back injuries, shoulder injuries, knee injuries, broken bones, sprains, strains, hearing injury, breathing irritation, allergic reactions, paint stains, damaged clothing, emotional distress, anxiety, panic, cardiac events, medical emergencies, property damage, paralysis, death, and other serious injury. I understand that these risks may be caused by my own actions or inaction, the actions or inaction of other participants, the actions or inaction of staff, facility conditions, equipment conditions, item conditions, lighting, noise, flooring, debris, tools, protective equipment, other guests, or the ordinary negligence of Smash it Rage Rooms. I knowingly and voluntarily accept and assume all risks related to my participation, presence, observation, or use of Smash it Rage Rooms facilities, equipment, activities, and services. 5. Release and Waiver of Liability To the fullest extent allowed by Utah law, I voluntarily release, waive, discharge, and agree not to sue Smash it Rage Rooms for any and all claims, demands, damages, losses, injuries, costs, expenses, or causes of action arising out of or related to my participation, presence, observation, use of equipment, use of facilities, or involvement in any Smash it Rage Rooms activity. This release includes, but is not limited to, claims based on ordinary negligence, including claims related to facility conditions, activity design, equipment, protective gear, staff instructions, supervision, warnings, item selection, item inspection, other participants, tools, debris, paint, glass, sharp objects, vehicles, flooring, lighting, cameras, emergency response, or staff acts or omissions. I understand that by signing this Agreement, I am giving up legal rights, including the right to bring certain claims against Smash it Rage Rooms. This Agreement does not release claims that cannot legally be released under Utah law. 6. Participant Responsibilities and Rules I agree to follow all posted rules, written rules, verbal instructions, safety briefings, warnings, and staff directions. I agree that I will: Wear all required protective equipment Keep required protective equipment on during activities Use tools only as instructed Stay within designated areas Avoid standing in another participant’s swing path or throw path Avoid throwing or swinging toward another person Avoid unsafe, reckless, aggressive, or intentionally dangerous behavior Stop immediately if instructed by staff Report broken, loose, damaged, uncomfortable, or defective protective gear Report injuries, unsafe conditions, or concerns immediately Keep hands, face, and body away from flying debris whenever possible Use common sense and act responsibly I understand that Smash it Rage Rooms may stop my participation, remove me from the facility, or end an event without refund if staff believes I am acting unsafely, violating rules, damaging property, threatening others, harassing others, or creating a safety concern. 7. Protective Equipment I understand that protective equipment may reduce risk but does not eliminate risk. Protective equipment may include face shields, safety glasses, helmets, gloves, coveralls, masks, hearing protection, or other equipment depending on the activity. I agree to properly wear all required protective equipment. I understand that removing, altering, misusing, refusing, or failing to wear protective equipment increases the risk of serious injury. If any protective equipment appears damaged, dirty, defective, loose, uncomfortable, improperly fitted, or unsafe, I agree to stop participating immediately and notify staff before continuing. 8. Outside Items and Prohibited Materials I understand that Smash it Rage Rooms may provide items to smash and may also allow participants to bring outside items. All outside items must be inspected and approved by Smash it Rage Rooms before they may be used. Smash it Rage Rooms may reject any item for any reason. I represent that any item I bring is lawful, safe, and free of hazardous materials. I agree not to bring or attempt to use any prohibited, unsafe, contaminated, or hazardous item. Prohibited items may include, but are not limited to: Batteries, lithium batteries, button batteries, thermostats, mercury containing items, fluorescent bulbs, pressurized containers, aerosol cans, propane tanks, fuel containers, flammable liquids, chemicals, paint cans, ammunition, weapons, fireworks, medical waste, biological waste, food waste, moldy items, leaking items, asbestos containing materials, items containing unknown substances, items with dangerous electronics, or any item Smash it Rage Rooms determines is unsafe. I agree to defend, indemnify, and hold harmless Smash it Rage Rooms from any claim, damage, cleanup cost, injury, illness, environmental issue, property damage, fine, penalty, or expense caused by any outside item I bring or provide. 9. Alcohol, Drugs, and Impairment I understand that alcohol is not allowed except during approved full building rentals under a separate written alcohol agreement. Beer only may be allowed during approved full building rentals. No other alcohol is allowed unless expressly approved in writing by Smash it Rage Rooms. I understand that alcohol use requires a separate waiver, agreement, or rental terms. I agree not to participate while intoxicated, impaired, or under the influence of alcohol, illegal drugs, marijuana, controlled substances, or any medication that affects judgment, balance, reaction time, or physical ability. Smash it Rage Rooms may deny participation, remove a participant, stop an activity, or end an event without refund if staff believes a participant is impaired, unsafe, or violating alcohol rules. 10. Medical Fitness I represent that I am physically, mentally, and emotionally able to safely participate. I understand that Smash it Rage Rooms activities may involve physical exertion, loud noise, stress, swinging tools, throwing objects, breaking items, flashing or blacklight environments, slippery surfaces, and other conditions that may aggravate medical issues. I accept all risks related to any medical or physical condition I have, including but not limited to pregnancy, heart conditions, seizures, asthma, breathing conditions, allergies, anxiety, panic attacks, recent surgery, mobility limitations, back or neck problems, vision problems, hearing issues, medications, or any other condition. I agree to stop participating immediately if I feel dizzy, faint, short of breath, injured, overwhelmed, unsafe, or unable to continue. 11. Emergency Medical Care and First Aid I authorize Smash it Rage Rooms to call emergency services or seek emergency medical assistance if staff believes it is necessary. I understand that Smash it Rage Rooms is not required to provide first aid, medical care, or emergency assistance. If Smash it Rage Rooms provides first aid, calls an ambulance, contacts emergency services, or assists me in any way, such action does not create an admission of fault or assumption of legal responsibility. I agree that I am responsible for all medical costs, ambulance costs, treatment costs, and related expenses arising from my participation. 12. Personal Property, Clothing, and Stains I understand that Smash it Rage Rooms activities may damage, stain, scratch, break, or destroy clothing, shoes, jewelry, watches, phones, glasses, bags, wallets, cameras, and other personal property. The clean suit upgrade provides extra coverage but does not guarantee that clothing or shoes will remain clean or undamaged. I agree that Smash it Rage Rooms is not responsible for lost, stolen, broken, stained, damaged, or destroyed personal property. I agree not to bring valuable or fragile personal items into activity areas. 13. Security Cameras and No Expectation of Privacy I understand that security cameras may be present throughout Smash it Rage Rooms facilities, including entrances, exits, common areas, activity areas, storage areas, and other spaces. Cameras are used or may be used for safety, security, training, operations, incident review, loss prevention, and business purposes. I understand that cameras may not cover every area, may not be actively monitored, may not record audio, may not record clearly, and may not be working at all times. I understand that I have no expectation of privacy in public areas, common areas, activity areas, or other non-private areas of the facility. 14. Photos, Videos, and Marketing I understand that Smash it Rage Rooms may take photos or videos during activities, events, or rentals. Unless I notify Smash it Rage Rooms in writing before participating, I grant Smash it Rage Rooms permission to use photos, videos, or recordings of me for social media, marketing, advertising, website content, internal training, and promotional purposes without compensation. I understand that I may request not to be used in marketing materials, but that security camera footage may still be used for safety, security, operational, legal, or insurance purposes. 15. Damage to Property I agree to pay for any damage I cause to Smash it Rage Rooms property, tools, protective equipment, rooms, fixtures, walls, doors, cameras, furniture, vehicles, paint areas, bathrooms, common areas, or any third party property if the damage is caused by my unsafe conduct, intentional act, misuse of equipment, violation of rules, or failure to follow staff instructions. 16. Indemnification I agree to defend, indemnify, and hold harmless Smash it Rage Rooms from any and all claims, demands, damages, injuries, losses, costs, attorney fees, expenses, or causes of action arising out of or related to: My conduct My participation My failure to follow rules My failure to follow staff instructions My misuse of tools or equipment My removal or misuse of protective equipment Any outside item I bring Any injury or damage I cause to another person Any damage I cause to property Any false statement I make in this Agreement Any minor participant for whom I sign or supervise, to the fullest extent allowed by law If Smash it Rage Rooms incurs attorney fees or costs to enforce this Agreement, I agree to reimburse Smash it Rage Rooms for those fees and costs to the fullest extent allowed by law. 17. Insurance and Financial Responsibility I certify that I have adequate health, accident, and liability insurance to cover any injury, damage, or loss I may cause or suffer while participating. If I do not have adequate insurance, I agree to personally bear all such costs. To the fullest extent allowed by law, I agree that any claim for damages related to my participation shall be limited to the amount I paid to Smash it Rage Rooms for the activity on the date of the alleged incident. I understand this limitation may not apply where prohibited by law. 18. Utah Law, Venue, and Severability I agree that this Agreement shall be governed by the laws of the State of Utah, without regard to conflict of law rules. I agree that any lawsuit, claim, or legal proceeding against Smash it Rage Rooms shall be brought only in a court of competent jurisdiction located in Utah. If any part of this Agreement is found to be invalid or unenforceable, the remaining parts shall remain in full force and effect. 19. Electronic Signature and Continuing Effect I agree that my electronic signature, digital signature, typed name, checkbox consent, or physical signature is legally binding. I certify that all information I provide is true and accurate. This Agreement applies to my participation on the date signed and to future visits unless replaced by a newer agreement or unless Smash it Rage Rooms requires a new waiver. 20. Acknowledgment I have carefully read this Agreement. I understand that Smash it Rage Rooms activities involve serious risks, including the risk of serious injury, property damage, disability, paralysis, and death. I understand that I am voluntarily giving up substantial legal rights, including the right to sue Smash it Rage Rooms for certain claims. I sign this Agreement freely and voluntarily. Minor Participant Disclosure Participants under 18 must have this section completed by a parent, legal guardian, or responsible adult with authority to sign for the minor. Smash it Rage Rooms recommends that each minor’s own parent or legal guardian complete and sign this waiver. If a responsible adult signs for a minor who is not their child or legal dependent, that adult confirms they have permission from the parent or legal guardian and agrees to accept responsibility for the minor while at Smash it Rage Rooms. Participants under 13 must have a parent, legal guardian, or responsible supervising adult physically present during participation. Smash it Rage Rooms may deny participation to any minor if staff determines the activity is not safe for that participant or if the minor cannot follow instructions, wear required safety gear, or participate safely. By completing this section, the signing adult accepts responsibility for the minor’s conduct, supervision, compliance with rules, and any damage or injury caused by the minor’s unsafe behavior or failure to follow staff instructions.