LIABILITY WAIVER AND ASSUMPTION OF RISK

In consideration of Smash House L.L.C. (itself, and on behalf of its officers, directors, owners, shareholders, employees, agents, successors, and assigns, defined collectively as the “Indemnified Party”) allowing me to enter on to the property located at 744 Orange Street, Chico CA 95928 (the “Property”), and participating in various events and activities at the Property, including, but not limited to, personal property “rage room” or “smash room” destruction and axe throwing (collectively, the “Activities”), I hereby agree to release and discharge the Indemnified Party on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows (the “Release”):

By accepting these terms, I will not hold the Indemnified Party responsible for any injury, damage, or other harm to my person or property while engaged in the Activities or at any time in the future due to the Activities. I completely acknowledge that I am not required to participate and that it is my choice to do so. My participation in this Activities is voluntary.

I understand that it is my responsibility to consult with my own personal physician before engaging in the Activities. I hereby affirm that I am in good physical condition and do not suffer from any mental or physical disability which would prevent or limit my participation in any activity or program provided by the Indemnified Party. I understand that I am responsible for understanding my own body and the health risks involved in participating in the Activities.

I AM AWARE THAT, IN PARTICIPATING IN THE ACTIVITIES INCLUDES ACTIVITIES THAT CONTAIN INHERENTLY DANGEROUS COMPONENTS AND ACTIVITIES, AND I WILL BE EXPOSED TO INHERENTLY DANGEROUS CIRCUMSTANCES, CONDITIONS AND CONSEQUENCES, INCLUDING, WITHOUT LIMITATION, INHERENTLY DANGEROUS CONDITIONS ON THE GROUNDS OF THE PROPERTY INCLUDING BROKEN ITEMS, PROJECTILES FROM SUCH ITEMS, AND AXE THROWING, ANY OR ALL OF WHICH MAY CAUSE SIGNIFICANT PERSONAL INJURY OR DEATH TO ME. I FURTHER UNDERSTAND THAT THE FOREGOING RISKS CANNOT BE ELIMINATED, EVEN WITH THE EXERCISE OF REASONABLE CARE ON MY PART OR THE INDEMNIFIED PARTY’S PART. NONETHELESS AND WITH FULL UNDERSTANDING AND AWARENESS OF THESE RISKS, I ACCEPT ANY AND ALL RISKS OF PERSONAL INJURY TO ME, INCLUDING DEATH, ANY PROPERTY DAMAGE OR FINANCIAL LOSS, AND ANY INJURY OR DAMAGE TO ANY THIRD PARTIES ARISING FROM OR IN ANYWAY RELATING TO MY PARTICIPATION IN THE ACTIVITIES, REGARDLESS OF FAULT.

I, ON BEHALF OF MYSELF AND MY SUCCESSORS, ASSIGNEES, HEIRS, GUARDIANS AND LEGAL REPRESENTATIVES, HEREBY WAIVE, RELEASE, INDEMNIFY, AND FOREVER DISCHARGE THE INDEMNIFIED PARTY, ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS EMPLOYEES, TRAINERS, CONSULTANTS, LEGAL COUNSEL, SUCCESSORS AND ASSIGNS, AFFILIATE COMPANIES, SHAREHOLDERS, OFFICERS, DIRECTORS, CONTRACTORS, PRINCIPALS, AGENTS, AND EMPLOYEES, OF AND FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES DEBTS, LIABILITIES, ACCOUNTS, OBLIGATIONS, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), LIENS, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE WHATSOEVER FOR INJURY, DEATH OR DAMAGE BASED UPON OR ARISING OUT OF ANY MATTER, CAUSE, FACT, THING, ACT OR OMISSION WHATSOEVER RELATING TO OR OCCURRING DURING OR RELATED TO MY PARTICIPATION IN THE ACTIVITIES. I EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INDEMNIFICATION SHALL BE PROVIDED REGARDLESS OF FAULT.

I agree that the foregoing liability waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the remaining provisions shall continue in full force and effect. TO THAT END, SUCH WAIVER SHALL INCLUDE A WAIVER OF FUTURE AND UNKNOWN CLAIMS. I AGREE THAT THE LIABILITY WAIVER AND ASSUMPTION OF RISK PROVIDED HEREIN IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF CALIFORNIA AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED THAT THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. I ACKNOWLEDGE AND AGREE THAT THE FACTS IN RESPECT TO WHICH THE RELEASE IN THIS INSTRUMENT IS GIVEN MAY TURN OUT TO BE DIFFERENT THAN CONTEMPLATED BY THE PARTIES AT THE TIME OF EXECUTION. I EXPRESSLY, KNOWINGLY, AND VOLUNTARILY WAIVE ANY AND ALL BENEFITS AND RIGHTS CONTAINED IN SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor.”

I acknowledge that I have had an adequate opportunity to seek and obtain the advice of counsel before executing this Release. This Release contains all of the agreements of the parties hereto with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matters shall be effective for any purpose with respect to the subject matter hereof. No provision of this Release may be amended or added to, except by an agreement in writing signed by the parties hereto or their respective successors in interest.

I have read this liability waiver and assumption of risk and fully understand its terms. I understand that I am giving up my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law in the State of California.

SIGNATURE FOR PERSONS 18 OR OLDER:

Participants Signature _______________________________ Date ________________

Participants Name

PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed if participant is under the age of 18)

In consideration of _________________________ (print minor’s name) (“Minor”) being permitted to participate in these Activities, I agree to the provisions of this instrument above and further agree to indemnify and hold harmless the Indemnified Party from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.

Parent or Guardian’s Signature _______________________ Date _________________

Parent or Guardian's Name

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