I hereby acknowledge and agree to the following terms and conditions as a condition of participating in any activities, programs, or services (collectively, the "Activities") offered by or at Crash Out Rage Rooms, LLC:
- I understand that the Activities involve inherent risks, hazards, and dangers that may result in personal injury, death, property damage, or loss to me or others, and that such risks, hazards, and dangers may be caused by my own actions or inactions, the actions or inactions of others, the condition or operation of the facility or equipment, or other factors beyond the control of the facility or its staff. I voluntarily assume all such risks, hazards, and dangers, and accept full responsibility for any harm, injury, or loss that may result from my participation in the Activities.
- I hereby release, waive, discharge, and covenant not to sue the facility, its owners, operators, employees, agents, contractors, sponsors, affiliates, or representatives (collectively, the "Released Parties") from any and all claims, demands, liabilities, damages, losses, costs, or expenses (including attorney's fees) arising from or related to any injury, death, property damage, or loss that I may suffer or cause as a result of my participation in the Activities, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.
- I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses (including attorney's fees) arising from or related to any injury, death, property damage, or loss that I may cause to any third party as a result of my participation in the Activities, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.
- I acknowledge that the facility may take photographs, videos, or recordings of me or my likeness during or in connection with the Activities, and that such photographs, videos, or recordings may be used by the facility for promotional, marketing, or educational purposes, without any compensation or notice to me. I hereby grant the facility a perpetual, irrevocable, royalty-free, non-exclusive, worldwide license to use, reproduce, modify, distribute, display, or publish any such photographs, videos, or recordings, in any media or format, for any lawful purpose. I hereby waive any rights of privacy, publicity, or copyright that I may have in relation to such photographs, videos, or recordings, and release the facility from any claims or liabilities arising from or related to their use.
- I represent and warrant that I am at least 18 years of age, or that I am the parent or legal guardian of a minor participant, and that I have the authority to enter into this agreement on behalf of myself or the minor participant. I agree that this agreement is binding upon me, the minor participant, and our respective heirs, executors, administrators, successors, and assigns.
- I agree that this agreement is governed by the laws of the state of Florida, and that any dispute arising from or related to this agreement or the Activities shall be subject to the exclusive jurisdiction and venue of the courts of Duval County, Florida.
- I agree that this agreement is the entire and final agreement between me and the facility regarding the subject matter hereof, and that it supersedes any prior or contemporaneous oral or written communications, representations, or agreements. I agree that this agreement cannot be modified or waived except in writing and signed by both parties. I agree that if any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS TERMS AND CONDITIONS. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS AND REMEDIES THAT I OR THE MINOR PARTICIPANT MAY HAVE AGAINST THE RELEASED PARTIES. I SIGN THIS AGREEMENT VOLUNTARILY AND FREELY, WITHOUT ANY COERCION, DURESS, OR UNDUE INFLUENCE.