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Mobile Wreck-It Room

Assumption of Risk, Release and Indemnification

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT –

PLEASE READ CAREFULLY!

Birthday

In consideration of using the service, equipment and facilities of Mobile Wreck-It Room (hereinafter “MWR”), I hereby acknowledge and agree to the following terms and conditions:

 

In this Release Agreement, the term “Activities” shall include but shall not be limited to all activities, functions, events, orientations, instruction sessions, competitions and services provided, arranged, organized, sponsored or authorized by MWR, including but not limited to: hitting, smashing and destruction of various objects with one or more instrument(s), including, but not limited to a golf club, hammer, and baseball bat in a designated room, and other related activities.

 

ASSUMPTION OF RISK:

I hereby acknowledge, accept and agree that the use of equipment and participation in MWR’s Activities, as defined, including but not limited to the smash/rage room, related activities, the use of the equipment and facilities is dangerous which may result in serious injury or death resulting from my own actions, the actions of others, improper use of equipment, equipment failures, failure to act safely within one/s own ability, negligence of others and negligent first aid.. I accept and fully assume all risks, dangers and hazards associated with MWR activities and the possibility of personal injury, death, property damage or loss resulting therefrom. I have received full information regarding MWR’s services, equipment and facilities and have had sufficient opportunity to ask questions I may have regarding the same.

 

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF WRC OR OTHERWISE.

 

MEDICAL CONDITION:

Participation in the Activities may place unusual stresses on the body and is not recommended for people suffering from medical conditions including but not limited to asthma, cardio disorders, respiratory disorders, epilepsy, hypertension, skeletal, joint or ligament problems and conditions, and certain mental illnesses. Women who are pregnant or suspect they are pregnant and people who have consumed alcohol, are otherwise intoxication or under the influence, are not recommended to engage in rage room sessions.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of Mobile Wreck-It Room agreeing to my participation in the Activities, and permitting my use of MWR’s equipment, room and other facilities, I

hereby agree as follows:

 

TO WAIVE ANY AND ALL CLAIMS AND TO RELEASE MWR, including its directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), from any and all liability for any loss, damage, expense, or injury including death that I may suffer, or that my next of kin may suffer, now or in the future, due to any cause whatsoever during participation in any of the Activities including, without limitation, as a result of: negligence, breach of contract, or breach of any statutory or other duty care owing under occupiers liability legislation or otherwise on the part of MWR in respect of the provision of or the failure to provide any warnings, directions or instructions as to the activities or the risks, dangers and hazards of participating in the activities. I covenant not to make or bring any such claim against MWR or any other Releasee, and forever release and discharge MWR and all other Releasees from liability under such claims.

 

TO HOLD HARMLESS AND INDEMNIFY MWR from all liability for any property damage or personal injury to any third party resulting from any of my actions.

 

This waiver shall be effective in the Province of Ontario and binding upon my heirs, next of kin, executors, and administrators in the event of injury, death or incapacity.

 

Any litigation involving the parties to this agreement shall be brought solely within Canada and shall be governed by the laws of Ontario. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable any other term or provision.

I hereby irrevocably permit, authorize, grant, and license MWR and its parent company, affiliates, successors, agents and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them (”Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use, my name, image, likeness and appearance, voice, signature and other personal characteristics and private information, and all materials created by or on behalf of MWR that incorporate any of the foregoing (”Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures and other print publications, electronic, magnetic and optical media, motion pictures, television broadcast, cablecast and satellite, home video and video on demand, radio broadcasts, display, point-of-sale, and other advertising and promotional materials, press releases, the internet and other digital transmission or delivery methods, mobile applications, on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of MWR and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me except as otherwise expressly provided in this Agreement.

 

MWR or its Authorized Persons shall be the exclusive owner(s) of all rights, title, and interest in and to the Materials, including all copyrights in perpetuity throughout the universe. I hereby irrevocably transfer, assign and otherwise convey to MWR my entire right, title and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal and reversion rights, and the right to sue to enforce such copyrights against infringers. I hereby irrevocably waive all so-called “moral rights” in the Materials. I acknowledge and agree that I have no right to review or approve Materials before they are used by MWR, and that MWR has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from MWR’s editing, alteration, or use of the Materials, or MWR’s presentation of me. Any credit or other acknowledgment of me, if any, shall be determined by MWR in MWR’s sole discretion. MWR has no obligation to create or use the Materials or to exercise any rights given by this Agreement.

To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion upon seclusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of personality or publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the MWR’s or the Authorized Persons’ exercise of heir rights under this Agreement or the production, exhibition, exploitation, advertising, promotion or other use of the Materials, and whether resulting in whole or in part by the negligence of MWR or any other person, covenant not to make or bring any such Claim against any Authorized Persons, and forever release and discharge the Authorized Persons from liability under such Claims. I understand that MWR is relying on this Agreement and will incur significant expense in reliance on this Agreement, and I agree that this Agreement cannot be terminated, rescinded or modified, in whole or in part.

BY COMPLETING THIS FORM, I HEREBY ACKNOWLEDGE THAT I AM NOT INTOXICATED NOR HAVE I CONSUMED ANY OTHER SUBSTANCES THAT MAY RESULT IN MY JUDGEMENT BEING IMPAIRED. I HEREBY ASSUME FULL RESPONSIBILITY FOR MY ACTIONS, RISKS, DANGERS, AND HAZARDS RESULTING FROM THE USE OF THE FACILITIES AND PARTICIPATION THAT ACTIVITIES WHILE UNDER THE INFLUENCE OF ALCOHOL OR MIND-ALTERING SUBSTANCES. I UNDERSTAND THAT I AM GIVING UP CERTAIN RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE. I AM AT LEAST 18 YEARS OLD AS OF THE DAY THIS FORM WAS FILLED OUT. I FREELY ACCEPT AND ASSUME ALL RISKS, DANGERS AND HAZARDS AND THE POSSIBILTY OF RESULTING PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS DIRECTLY OR INDIRECTLY ASSOCIATED WITH MY PARTICIPATION IN THE ACTIVITY. I HAVE READ THIS REALEASE AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND COLUNTARILY AGREE TO ITS TERMS.

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT AND I AGREE TO BE BOUND BY ITS TERMS.

Date

PARENT’S OR GUARDIAN’S ADDITIONAL AGREEMENT AND INDEMNIFICATION (Must be completed for participants under the age of 18 and 13 or older)

In consideration of

being permitted to participate in MWR activities and to use its equipment and facilities, I, the parent or guardian of the minor agree on behalf of the minor to the above assumptions of risk, release of liability and waiver of claims and to release, indemnify and hold harmless MWR from any and all claims which are brought by, or on behalf of the minor, and which are in any way connected with such participation or use by the minor. I further certify that I am the parent or guardian of the minor on this agreement and certify that I will be accompanying the minor during their session booked. I hereby give approval to the participation in MWR activities and/or use of its equipment and facilities by the minor.

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