In consideration of my being allowed to use the services, equipment and facilities of Yo! Crash LLC and Yo! Crash Rage Rooms LLC (“Yo! Crash”), I hereby and acknowledge and agree to the following terms and conditions.
ASSUMPTION OF RISK
I hereby acknowledge, accept and agree that the use of or participation in a rage room, related activities, and use of YO! CRASH services equipment, and facilities is inherently dangerous. By signing below, I agree that I have voluntarily assumed any and all risks, known and unknown, directly and indirectly associated with participating in this inherently dangerous activity. Participation in a rage session and related activities may place unusual stresses on the body and is not recommended for persons suffering from asthma, epilepsy, cardio disorders, respiratory disorders, hypertension, skeletal, joint or ligament problems or conditions, and certain mental illnesses. Women who are pregnant or suspect they are pregnant and persons who have consumed alcohol or are otherwise intoxicated are not recommended to engage in rage sessions. I have been advised to consult with my medical practitioner if I have any concern about my condition or fitness to engage in a rage room session. I have received information regarding YO! CRASH’S services equipment, and facilities and have had the opportunity to ask questions that I had regarding the same. I have full knowledge of the nature and extent of all the inherent risks associated with rage rooms and the services, equipment and facilities used in rage rooms and related activities at YO! CRASH which may include but limited to:
- Any and all manner of injury including without limitation the possibility of serious injury or death, resulting from any of the services equipment and facilities at YO! CRASH including without limitation slipping or tripping on debris and hitting the floor, equipment, weapons, people or debris whether permanently or temporarily in place, failure to wear protective gear flying debris or and other consequence whatsoever of utilizing YO! CRASH’S services, equipment and facilities
- Injuries resulting from the actions or omissions of others’ including but not limited to slips, trips and falls of the other participants and flying debris
- Cuts and abrasions resulting from skin contact with damaged items, debris or any other surface, person or equipment
- Injuries resulting from shock, stress or other injury.
- The aggravation or worsening of any existing medical condition.
- Failure or misuse of safety gear, weapons or any other items or equipment.
- Failure to follow YO! CRASH employee instructions or failure to ask for information or assistance.
- Any injury that may occur while moving on or about the premises for any reason including but not limited to slips, trips and any and all inherent risks of the use or participation in a rage room and the service, equipment and facilities used in rage rooms and related activities at YO! CRASH.
I further acknowledge that the above list is not inclusive of all possible inherent risks associated with the use of YO! CRASH’S services, equipment and facilities and I agree that such list in no way limits the extent or reach of this Assumption of Risk, Release and Indemnification.
RELEASE
I in consideration of my use of YO! CRASH’S services, equipment and facilities and/or participation in any program, competition, special, special event, group or party offered by or held with YO! CRASH. I hereby Release and discharge YO! CRASH, as well as its members, managers, officers, directors, owners, employees, agents, contractors and Landlord or other owner of the real property involved from any and all liabilities, suits, claims, causes of action, demands, damages (including attorneys’ fees and expenses), losses or costs of any nature whatsoever incurred by me or that are in any way related to or arising out of the use or intended use of YO! CRASH’S services, equipment and facilities, whether supervised or not, including without limitation all claims for property damage, personal injuries or wrongful, whether or not there are any allegation or charges of negligent acts or omission on the part of any parties, including YO! CRASH (collectively the “Claims”).
INDEMNIFICATION
I fully and forever indemnify, defend, save harmless, waive, release and discharge YO! CRASH, and other owners of the real property involved, individual members, managers, directors, officers, agents, employees, volunteers, representatives, servants, predecessors, successors, assigns, affiliated entities, heirs, personal representatives, any applicable spouses and all other persons, firms, corporations, associations or partnerships claiming by or through them, from any and all claims, actions, causes of actions, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive), suits at law or in equity (whether well founded or not), liability or obligations of any nature or kind, whether known at the time or which may arise or become known later, including injury or death of any person, which accrue on account of, or in any way arise out of or in connection with any activities, use of, or movement in or throughout YO! CRASH’S services, equipment and facilities whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including YO! CRASH. I agree to pay any and all attorneys’ fees and expenses incurred by YO! CRASH (and any other party indemnified/released above) as a result of any claims made by me or on my behalf in contravention of the agreement. This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death or incapacity.
I understand and agree that YO! CRASH and its personnel or staff reserves the right to deny access to its facilities to any individual, permanently or for a specified period of time for any breach of YO! CRASH’S policies, rules and regulations, including any conduct that is viewed as unsafe or inappropriate, or for any other reason whatsoever, whether disclosed or not.
While using YO! CRASH’S services, equipment and/or facilities. I consent to YO! CRASH and/or its contracted photography capturing any form of media containing my image. Be it a photo or video and agree that any such media may be used for any and all purposes that YO! CRASH deems appropriate in its sole and absolute discretion. YO! CRASH may add my email address to their mailing list for YO! CRASH updates and promotions.
I am at least 18 years of age and legally competent to sign this agreement. This Assumption of Risk, Release and Indemnification shall be effective and binding upon my assigns, heirs, representatives, executors and administrators. If I am under the age of 18, this release must be signed and filled out by my parent or guardian.
My participation in any activity is purely voluntary and I elect to participate in spite of the risks described herein, I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I will otherwise agree to bear the cost of such injury or damage. I further certify that I have no medical or physical conditions which interfere with my ability to participate safely in the use of YO! CRASH’S services, equipment and facilities or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly by any such condition.
I agree that validity and unenforceable of this release of liability and assumption of risk will be governed by the laws of the State of Ohio, without regard to its conflicts of law rules and venue for any proceedings regarding this agreement shall be in the state courts located in Mahoning County, Ohio. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I have had sufficient opportunity to read this entire document, as well as the opportunity to ask questions about this document if I have any. By signing this agreement, I acknowledge that if anyone is hurt or property damaged while I am on the premises. I may be found by a court of law to have waived my right to maintain a lawsuit against YO! CRASH. As well as members, managers, officers, directors, owners, employees, agents and contractors on the basis of any claim from which I have released them herein.
I agree that I will be financially responsible for damage from throwing items or using striking instruments directly against floors, walls, tires, ceiling, table, trailer, lights, truck, cameras or speakers.
For consideration I acknowledge and grant to YO! CRASH LLC and YO! CRASH RAGE ROOMS LLC (‘Company) and company’s assigns, licenses and successors, the right to use my image or video for the following but not limited purposes: Marketing post on social media.
I grant the right to use my image or video for the purposes listed above in all forms of media, composite or modified representations and waive the right to inspect or approve versions used for publications or written copy used in connection with the images.
PARENTS ADDITIONAL Assumption of Risk, Release and Indemnification to Be
Read and signed By Parent or Legally Appointed Guardian of Minor
In consideration of the minor being permitted by YO! CRASH to participate in its activities and to use its services, equipment and facilities, I hereby agree to release YO! CRASH and all other parties released above from any and all Claims resulting from the aforementioned minor’s participation in or use of YO CRASH’S services, equipment and facilities and have described the risks and dangers of these activities to the minor who has chosen to participate in spite of the risk. I am familiar with and consent and agree to the terms and provisions set forth in the Assumption of Risk, Release and indemnification and I agree to all of its terms and conditions on behalf of myself and the aforementioned minor for whom I am signing.