PARTICIPANT AGREEMENT, WAIVER, ASSUMPTION OF RISK AND RELEASE OF LIABILITY
PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING DOCUMENT.
By signing this participant agreement, waiver, assumption of risk and release of liability (“Agreement”), you “Participant” agree and acknowledge to the following terms and conditions and agree that this is a prerequisite to participating in any activity whether Rage Room, Splatter Paint, Spin Art, Toddler Days or otherwise (“Activities”) authorized by Splattitude LLC (“Company”).
1. Assumption of Risk
I acknowledge that participation in Activities involves physical exertion and inherent risks, including but not limited to risk of physical or emotional injury, cuts, bruises, sprains, lacerations, eye injuries, exposure to sharp or blunt objects, broken bones, head injuries, falling debris, paint stains, and damage to personal property. I fully understand these risks and voluntarily assume all such risks, known and unknown, even if arising from the negligence of the Company or others.
2. Release of Liability
In consideration of being permitted to participate in Activities, I hereby release, waive, discharge, and covenant not to sue the Company, its owners, officers, members, managers, representatives, contractors, managing members, employees, agents, and affiliates (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action related to any loss, damage, injury, or death that may be sustained while participating in any Activities, whether caused by my own negligence, failure to follow rules, recklessness, or otherwise, or the Company’s negligence.
3. Rules and Safety Compliance
I understand and agree to follow all rules and instructions provided by Company, whether posted, written, or verbally communicated by staff. These include, but are not limited to:
- Protective Gear: I acknowledge and agree to properly wear all required protective gear (e.g., helmet, gloves, face shield, coveralls, goggles, glasses, or any other gear) at all times while participating in Activities.
- Solo Participation in Rage Rooms: I acknowledge and agree that only one participant is allowed in the rage rooms at a time. All other members of my party must remain in the designated viewing room with the viewing room door closed while watching.
- Combined Participation in Splatter Paint and/or Spin Art I acknowledge and agree that paint rooms are shared with any other members of my party and I am responsible for my own safety and being kind and safe around others by not performing any activities that endanger myself or others while participating in the Activities.
- Participant Rotation Protocol for Rage Rooms: When switching participants in rage rooms, I agree that no person may open the rage room or viewing room doors until all persons and all objects inside the rage room have come to a complete stop and the room is verified to be safe for entry or exit.
- Prohibited Substances: I affirm that I am not under the influence of alcohol, drugs, or any mind-altering substance, and I agree never to bring or consume any such substances on the premises of Company.
- Right to Refuse Service: I acknowledge and agree that Company reserves the right to refuse service to anyone who appears to be under the influence of alcohol, drugs or any mind-altering substance, or who poses a safety risk, at the sole discretion of staff. In such cases, no refunds, deposits, or payments will be returned to or on behalf of the Participant or any of my party’s members.
- No Unauthorized Materials: I agree not to bring any outside materials (e.g., sharp objects, unapproved paints or chemicals) into the Activities.
- Supervision of Minors: If minors are present, I agree to supervise them at all times and ensure they follow all rules.
4. Physical Fitness to Participate
I acknowledge and agree that I am physically fit and able to safely participate in Activities. I understand that participation may involve extended periods of standing and physical movement such as swinging, lifting, and striking objects. I acknowledge and agree that I have not been advised by a medical professional to refrain from physical activity, and I do not suffer from any medical condition, illness, or injury that would prevent or limit my safe participation.
5. Minimum Age Requirement
I affirm that I am at least 18 years of age and legally competent to sign this Agreement and to enter into a binding legal contract. If the Participant is a minor, I acknowledge, agree and affirm that I am the legal guardian and can sign legally bonding contracts on the minors behalf and will monitor any minors during all Activities to participate in safely while on the Company’s premises at all times.
6. Responsibility for Injuries
I acknowledge and agree that if I am injured in any way during my participation, such injury is the result of my own actions, negligence, recklessness, or failure to comply with the rules and instructions of Company, or out of Company’s own negligence, I accept full responsibility for any injuries I sustain. I agree and convent that I have a duty to disclose any and all injuries to Company immediately upon their occurrence at the premises of Company.
7. Indemnification
I acknowledge and agree to indemnify, defend, and hold harmless the Released Parties of Company from any and all claims, damages, losses, liabilities, lawsuits, legal actions, along with attorney fees, costs or expenses arising out of or related to my participation in Activites offered by Company.
8. Severability
If any provision of this Agreement is found to be unenforceable, the remainder of the Agreement shall remain in full force and effect.
9. Media Release
I understand and agree that Company will take photographs, videos, or other recordings of me, and/or any minors I sign on behalf of, while on the premises. I grant Splattitude the right to use such media for promotional, advertising, or other business purposes, in any form or media, without further consent or compensation.
10. Governing Law Jurisdiction
This Agreement and Activities on Company’s premises are governed by the laws and statues of North Carolina. Participant and Company agree that the courts of Onslow County, North Carolina shall be the exclusive jurisdiction and venue for any and all disputes arising from this Agreement and Activities on the Company’s premises.
11. Further Limitation on Liability
Notwithstanding anything to the Agreement in no event any liability of the Company shall exceed the amount the Participant has paid for Activities.
12. Acknowledgment of Understanding
I have read this Agreement in its entirety, understand it, and voluntarily agree to its terms. I understand that by signing this document, I am giving up substantial legal rights, including the right to sue the Released Parties of Company for any reason related to participation of Activities on the Company’s premises and or arising under this Agreement. I acknowledge and agree that I am signing this Agreement freely and voluntarily. I hereby agree that my electronic/digital signature shall be authentic and considered an original for all purposes and it is legally binding to the same extent as handwritten.