PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK
In consideration of the services of "Smash-it", their agents, owners, officers, managers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Smash-it"), I hereby agree to release, indemnify, and discharge "Smash-it", on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in Smash-it activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slipping and falling; confined spaces; flying debris; collision with fixed objects; strains, sprains, broken bones and musculoskeletal injuries including head, neck, eyes, and back injuries; emotional injury; cuts, abrasions, bruises, cardiac related illness; organ damage; hearing loss; or even more severe life threatening hazards; the negligence of participants; equipment failure; my own physical condition, and the physical exertion associated with this activity. Furthermore, Smash-it employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks.
3. I expressly agree that I am solely responsible for my behavior and well-being and furthermore Smash it is not responsible for any deviation on my apart from the policies, rules, directions, and guidelines made available to them
4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Smash-it from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Smash-it equipment or facilities, including any such claims which allege negligent acts or omissions of "Smash-it", regardless of whether the acts were committed by myself, another participant, or Smash-it.
5. Smash-it is not responsible for participants standing or moving into the line of danger, I will be responsible for watching where I stand or where I walk while participating in these activities.
6. In the event that any of my protective gear seems to be malfunctioning or defective it is my duty to report the gear to Smash-it and request new gear before continuing any activities.
7. I understand and agree that no behavior of Smash-it, such as calling an ambulance or providing first aid, does not constitute assumption of responsibility for any harm or injury suffered.
8. Should Smash-it or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
9. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. I further represent, warrant and acknowledge, that any liability or damage that I claim pursuant to this agreement or the activities engaged in at Smash-it, will be limited to the actual costs I paid for the services of Smash-it on the day of the alleged injury.
10. In the event I file a lawsuit against Smash-it, I agree to do so solely in the state of Utah, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against “Smash-it” based on any claim from which I have released them herein.
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.
Minors under the age of 18
If you are a minor under the age of 18 you must print your name below and have your legal guardian sign and date below giving you permission to participate in these activities.
Electronic Signature and Acknowledgement
Enter the date and your full name to acknowledge your electronic signature of this document.
Your Electronic Signature*