RULES
INTERPRETATION AND DEFINITIONS
This agreement is governed by the laws of Indiana and the parties submit to the non-exclusive jurisdiction of the courts of the state.
In the interpretation and definition of this agreement the following means:
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Agreement means the Terms of Service entered between the Company and the User;
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Booking means a booking to use the Smash Room.
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Booking Fee means the Fee for a Booking.
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Smash Room means the Smash Room operated by the company in which Users can break Things.
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Company means OutRAGE Smash Therapy.
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Content means any written, video, audio or other material provided to a User, in which the Company holds Intellectual Property Rights.
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Fee means any fee payable by a User for access to or use of a Service.
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Implement means any object used to break Things, including without limitation, a baseball bat.
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Privacy Policy means OutRAGE Smash Therapy’s privacy policy as updated from time-to-time, which can be found at Schedule 2.
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Representative means an employee, instructor, or other representative of the Company.
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Services means access information, tools and features available via the Company’s website, use of the Smash Room and any other services provided by the Company.
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Site means the premises at which the Services are provided to the User.
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Suitable attire means clothing attire that must cover the Users full body including long sleeved top, full length pants, socks covering ankles.
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Safety clothing and equipment means:
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Coveralls that cover the arms and up to the neck;
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Face shield;
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Gloves;
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Or such other safety equipment that the Company requires.
Things means any objects or materials permitted by the Company to be broken in the Smash Room.
Third Party means any person that is not a User.
User means any or other user of a Service.
The User acknowledges that a risk of personal injury is inherent in the use of the Smash Rooms. The Company takes reasonable steps to mitigate the risks and make the Smash Room experience as safe as possible for each User. However, the User acknowledges that they use the Smash Room at their own risk.
User agrees that it shall only use the Services for legal purposes and shall not use them to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
In order to qualify to use the Smash Room, a User must:
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Be over the age of 10 and in good health; If under the age of 18 a legal guardian must sign the waiver. Children between 10 & 14 must be accompanied by an adult while participating.
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Dress in suitable attire and use the safety clothing and equipment provided by the Company;
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Wear close-toed shoes (Boots or Tennis Shoes only);
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Pay a booking fee for use of the Smash Room;
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Have no outstanding or untreated injuries;
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Not be under the influence of any drugs;
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Not have consumed alcohol;
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For safety reasons the User must not be pregnant or wearing casts;
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Follow the instructions given by OutRAGE Smash Therapy or its employees at all times.
A booking fee shall in default include:
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The value of one collection of Items to be broken by a User in the Smash Rooms during a booking; and
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The use of any safety equipment or equipment provided by the company for use by the User in the Smash Rooms.
The company may allow a User to supply their own items subject to any pricing and additional terms the company may set from time to time as determined by a representative in their discretion.
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The company may charge the User an additional fee for any additional units of items to be used during a booking.
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Any items supplied by a User must be approved by a representative prior to the User being allowed to use the items in the Smash Rooms.
The User may only break items within the Smash Rooms, and must not:
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Break items outside the Smash Rooms;
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Damage any window, door, wall, light, floor, door handle or any other furniture, fixture, or fitting at the premises where the Smash Room is located;
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Damage anything a representative specifically states is not items;
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Damage any camera equipment present at the Smash Rooms;
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Use an implement in a threatening manner towards any person;
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Deliberately break or damage any implement or safety equipment provided by the company.
The Company may impose additional safety rules, and rules of conduct specific to a Smash Room, and any items from time to time, which shall apply to each User of the Smash Room.
No User may use a Smash Room until the User has completed a safety briefing.
A User must notify a representative of any health condition that could reasonably affect their ability to safely use the Smash Room. The representative may refuse a User entry if they determine that the User may be unable to safely use the Smash Room.
Every User must comply with any direction given by a representative.
No user may enter the Smash Room under the influence of alcohol, drugs or any other substance that may affect the User’s ability to safely use the Smash Room.
A representative may evict a User from a Smash Room if the User:
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Has failed to follow the reasonable directions of the representative; or
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Presents a hazard to the safety and wellbeing of any person including themselves
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No items whether broken or not may be removed from the Smash Room, except for any unbroken items the User may have brought with them.
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The company may monitor the Smash Rooms to ensure the User’s safety and compliance with the agreement.
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The Users must comply with all signs or other directions of the Company and it may suspend or cancel the User’s use of the Services and the Site for non-compliance with these
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conditions or for reckless or careless conduct.
All Users must comply with COVID-19 regulations and comply with the directions of the Company to ensure compliance.
WAIVER
In consideration of my being allowed to use the services, equipment, and facilities of OutRAGE Smash Therapy, I hereby and acknowledge and agree to the following terms and conditions:
ASSUMPTION OF RISK
I hereby acknowledge, accept, and agree that the use of or participation in OutRAGE Smash Therapy’s related activities, and the use of Company’s services, equipment, and facilities are inherently
dangerous. Participation in OutRAGE Smash Therapy’s services and related activities may place unusual stresses on the body and is not recommended for persons suffering from asthma, epilepsy,
cardio disorders, respiratory disorders, hypertension, skeletal, joint or ligament problems or conditions, and certain mental illnesses.
Women who are pregnant or suspect they are pregnant and persons who have consumed alcohol or are otherwise intoxicated are not permitted to engage in OutRAGE Smash Therapy services. I have been advised to consult with my medical practitioner if I have any concern about my medical condition or fitness to engage in OutRAGE Smash Therapy’s services.
I have received full information regarding OutRAGE Smash Therapy’s services, equipment, and facilities and have had the opportunity to ask any questions that I had regarding the same. I have full
knowledge of the nature and extent of all the inherent risks associated with OutRAGE Smash Therapy and the services, equipment, and facilities used in OutRAGE Smash Therapy and related activities at
OutRAGE Smash Therapy, which may include but are not limited to:
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Any and all manner of injury, including without limitation the possibility of serious injury or death, resulting from any of the services, equipment, and facilities at OutRAGE Smash Therapy’s Site, including without limitation, slipping or tripping on debris and hitting the floor, equipment, weapons, people or debris, whether permanently or temporarily in place, failure to wear protective gear, flying debris or any other consequence whatsoever of utilizing OutRAGE Smash Therapy’s services, equipment, and facilities;
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Injuries resulting from the actions or omissions of others, including but not limited to slips, trips and falls of other participants and flying debris;
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Cuts and abrasions resulting from skin contact with damaged items, debris, or any other surface, person, or equipment;
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Injuries resulting from shock, stress, or another injury;
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The aggravation or worsening of any existing medical condition;
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Failure or misuse of safety gear, weapons, or any other items or equipment;
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Failure to follow OutRAGE Smash Therapy’s or its Representative’s instructions or failure to ask for information or assistance;
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Any injury that may occur while moving on or about the premises for any reason, including but not limited to slips, trips and falls, and any and all inherent risks of the use of or participation in OutRAGE Smash Therapy, and the services, equipment and facilities used in OutRAGE Smash Therapy’s Site and related activities at Site.
I further acknowledge that the above list is not inclusive of all possible inherent risks associated with the use of OutRAGE Smash Therapy’s services, equipment, and facilities, and I agree that such list in no way limits the extent or reach of this Assumption of Risk, Release, and Indemnification.
In consideration of my use of OutRAGE Smash Therapy’s services, equipment, and facilities, and/or participation in any program, competition, special event, group or party offered by or held at OutRAGE Smash Therapy, I hereby release and discharge OutRAGE Smash Therapy, as well as its members, managers, officers, directors, owners, employees, agents and contractors, from any and all liabilities, suits, claims, causes of action, demands, damages, losses or costs of any nature whatsoever incurred by me or that are in any way related to or arising out of the use or intended use of OutRAGE Smash Therapy’s services, equipment, and facilities, whether supervised or not, including, without limitation, all claims for property damage, personal injuries or wrongful, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including OutRAGE Smash Therapy (collectively, the “Claims”).
I hereby agree to indemnify OutRAGE Smash Therapy, as well as its members, managers, officers, directors, owners, employees, agents and contractors, from any and all liabilities, suits, claims, causes of action, demands, damages, losses or costs of any nature whatsoever arising out of, or in any way relating to, my use of or movement in or throughout OutRAGE Smash Therapy’s services, equipment, and facilities, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including OutRAGE Smash Therapy.
I understand and agree that OutRAGE Smash Therapy and its personnel or staff reserves the right to deny access to its facilities to any individual, permanently or for a specified period of time, for any breach of OutRAGE Smash Therapy’s policies, rules, and regulations, for any conduct that is viewed as unsafe or inappropriate, or for any other reason whatsoever, whether disclosed or not.
While using OutRAGE Smash Therapy’s services, equipment, and facilities, I consent to OutRAGE Smash Therapy capturing any form of media containing my image, be it photo or video, and agree that any such media may be used for all purposes that OutRAGE Smash Therapy deems appropriate in its sole and absolute discretion. OutRAGE Smash Therapy may add my email address to their mailing list for OutRAGE Smash Therapy updates and promotions.
This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and assigns, in the event of my death or incapacity. By signing this agreement, I waive the right to bring a court action to recover damages or obtain any other remedy for any injury to myself or death, or any damages to my property, however caused, arising out of my use of or movement in or throughout OutRAGE Smash Therapy’s services, equipment, and facilities, now or any time in the future, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including OutRAGE Smash Therapy. I agree to pay for any and all reasonable attorneys’ fees and expenses incurred by OutRAGE Smash Therapy as a result of any claims made by me or on my behalf in contravention of this agreement.
I am at least 15 years of age and legally competent to sign this agreement. This Assumption of Risk, Release and Indemnification shall be effective and binding upon me and upon my assigns, heirs, representatives, executors, and administrators. If I am under the age of 15, this release must also be signed and filled out below by a parent or guardian.
My participation in this activity is purely voluntary, and I elect to participate in spite of the risks described herein. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or I will otherwise agree to bear the costs of such injury or damage. I further certify that I have no medical or physical conditions which interfere with my ability to participate safely in the use of OutRAGE Smash Therapy’s services, equipment, and facilities, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
I agree that the validity and enforceability of this release of liability and assumption of risk will be governed by the laws of the State of Indiana, without regard to its conflict of law rules, and venue for any proceedings regarding this agreement shall be in the state courts located in Indiana. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I have had sufficient opportunity to read this entire document, as well as the opportunity to ask questions about this document if I have any. By signing this agreement, I acknowledge that if anyone is hurt or property is damaged while I am on the premises, I may be found by a court of law to have waived my right to maintain a lawsuit against Outrage Smash Therapy’s, as well as its members, managers, officers, directors, owners, employees, agents, and contractors, on the basis of any claim from which I have released them herein.
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Splatter Box Rules
To be signed by participant, or participants parent or guardian if the participants under the age of 18.
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified below, to use The SplatterBox and
equipment located at 135S. Earl Ave suite 110 Lafayette, IN 47904. In consideration for being allowed to use the facilities and
equipment of The SplatterBox at Outrage Smash Therapy. I represent, acknowledge and agree as follows:
By signing you understand that use of The SplatterBox at Outrage Smash Therapy is done so at your own risk and agree to
follow all safety precautions and procedures in place.
We strongly recommend the wearing of older clothing and shoes while in The SplatterBox as Outrage Smash Therapy is not
responsible for property damage.
I have read the waiver and by accepting below I agree it is my intention to exempt and relieve Outrage Smash Therapy from
liability for personal injury, property damage, negligence or any other cause. I understand that violation of any of the safety rules
is grounds for immediate suspension of playing privileges without any refund.
SAFETY RULES:
No running, pushing, shoving, hitting or throwing containers at other participants.
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Photo and Video Release
I consent to photographs and videos being taken of me during my participation in Outrage Smash Therapy sessions, and to publication of the photographs and videos by release of 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 releases with respect to the safety of Outrage Smash Therapy, other than what is set forth in this agreement.
