Release

PLEASE REVIEW. We will have a printed version for you to fill out and sign when you arrive.

Rage & Paint Room Release Agreement 

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (Hereinafter the “Release Agreement”). BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY! 

TO: Escape Washmo, LLC, d/b/a Euphoria Rage & Paint Room and their respective directors, officers, employees, guides, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as the “Releasees”). 

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT 

In consideration of the Releases agreeing to my participation in the Euphoria Rage & Paint Room, and permitting my use of the Euphoria Rage & Paint Room equipment, room and other facilities, I, _____________________________ (insert name) (“Participant”), hereby agree as follows: 

1. TO WAIVE ANY AND ALL CLAIMS AND TO RELEASE THE 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, as a result of my participation in the rage room, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE ON THE PART OF THE RELEASEES. 

2. Dangerous and unusual risks and hazards including, but not limited to,

1. Any and all manner of injury or accident including without limitations the possibility of serious injury or death, resulting from, arising from, or in connection with participation 
2. Cuts, scrapes, abrasions, burns, blisters, or rashes 
3. Slips and/or falls 
4. Illness, disease, or infection 
5. Shock stress, emotional injury and/or psychological trauma 
6. Anticipation of immediate personal danger or injury 
7. Inadvertent and/or unwelcome contact 
8. Strain upon, sprain, or tearing of muscle or ligaments, bruises and/or tissue injury 
9. Fractured or broken bones 
10. Neurological injury 
11. Injury to internal organs
12. Injury to eyes, ears, nose 
13. Cardiac or respiratory distress and/or injury 
14. Concussion, disability, and/or paralysis 
15. Aggravation of existing medical conditions 
16.  Any other bodily or personal injury or accident resulting from or arising in connection with falling, tripping; contact with floors, equipment, fixtures, people, items or debris; failure to use or properly use protective equipment, unavailability of immediate medical attention or assistance; flying debris, acts or omissions of others; skin contact with equipment, items, debris, or any other surface, person, or equipment; failure to inspect, or failure, malfunction or misuse of, safety equipment or any other items or equipment; latent or apparent defects in equipment, items or premise; failure to follow instructions or failure to ask for information or assistance; my own actions, and NEGLIGENCE ON THE PART OF THE RELEASES. I UNDERSTAND THAT NEGLIGENCE INCLUDES, WITHOUT IMITATIONS, FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD PR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATION. 
17. DEATH.

I FURTHER ACKNOWLEDGE THAT THE ABOVE LIST IS NOT INCLUSIVE OF ALL POSSIBLE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN Euphoria Rage & Paint Room . I acknowledge I am engaging in participation knowingly and voluntarily. I have the right to discontinue or terminate my participation for any reason, and at any time, without refund. 

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in the Euphoria Rage & Paint Room; 

3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity; 

4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the state of Missouri and no other jurisdiction; 

5. Any litigation involving the parties to this Release Agreement shall be brought solely within jurisdiction of the Circuit Court of Franklin County, Missouri. 

6. Participant hereby waives any right he/she may have to the right to a trial by jury. 

7. Notwithstanding anything contained herein to the contrary, Participant agrees to indemnify, protect, defend, and save the Releasees harmless from and against any and all claims, demands, liabilities can costs, including attorney fees, arising from damage, injury, and/or death, actual or claimed, of whatsoever kind or character, to property or persons, occurring or allegedly occurring in or about the Euphoria Rage & Paint Room. Upon notice from Releasees, Participant agrees to defend and indemnify Releasees in any action or proceeding brought hereon. _______________ Participant Initials

MEDICAL CONDITION 

I understand that use of the Euphoria Rage & Paint Room may place unusual stresses on the body. It is not recommended for persons suffering from asthma, certain allergies, epilepsy, cardio/respiratory disorder, hypertension, or skeletal, joint or ligament conditions, and certain mental illnesses. Women who are pregnant or suspect they are pregnant, and persons who have consumed alcohol, are not recommended to engage in the Euphoria Rage & Paint Room. I have been advised to consult with my medical practitioner if I have any concern about my medical condition or fitness to engage in the Euphoria Rage & Paint Room. 

I hereby make the affirmative representation that I am not under the influence of any intoxicating beverage, substance, or medication during my participation. 

PHOTO/VIDEO RELEASE 

I consent to photographs and videos being taken of me during my participation in the Euphoria Rage & Paint Room, and to publication of the photographs and videos by the Releasees for advertising, promotional and marketing purposes. 

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the Euphoria Rage & Paint Room, other than what is set forth in this Release Agreement. 

If any portion of this Release Agreement is held invalid or inoperative, then as far as is reasonable and possible the remainder of this Release Agreement shall be deemed valid and operative, and effect shall be given to the intent manifested by the portion held invalid or inoperative. This Release Agreement shall be construed broadly in favor of the Releasees. 

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SUBMITTING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. 

Name of participant:______________________________

Date:__________________________ 

Signature of Participant:_____________________________ 

 

Legal Guardian Name:______________________________

Date:__________________________ 

Legal Guardian Signature:__________________________________