WAIVER, RELEASE AND INDEMNITY
BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY.
AGE REPRESENTATION
I represent and warrant that I am at least eighteen (18) years of age at the time of signing this Agreement. I acknowledge that Chaos Studios Inc. (“CHAOS STUDIOS”) does not permit participation by minors without the written consent of a parent or legal guardian. I agree that any misrepresentation of my age may result in immediate removal from the premises and does not invalidate this Agreement. I authorize CHAOS STUDIOS to verify my age using government-issued identification upon request.
ASSUMPTION OF RISK
I acknowledge and agree that my participation in any services, programs, smash or rage room activities, team-building sessions, orientations, demonstrations, competitions, private bookings, corporate events, promotional events, recreational experiences, and any related or ancillary activities offered, hosted, organized, sponsored, or permitted by CHAOS STUDIOS whether occurring on-site or off-site, supervised or unsupervised (collectively, the “Activities”), involves inherent, serious, and unavoidable risks.
These risks include, but are not limited to, cuts, lacerations, bruises, fractures, sprains, strains, impact injuries, overuse syndrome, injuries caused by flying debris or shattered glass, equipment malfunction, slips, trips, falls, collisions, emotional distress, permanent disability, paralysis, death, and damage to personal property.
I understand that these risks may arise from my own actions or omissions, the actions or omissions of others, improper use of equipment, failure to follow instructions, failure to act within my physical or mental abilities, equipment failure, negligent first aid, the condition of the premises, or the negligence of CHAOS STUDIOS.
I expressly acknowledge that “negligence” includes the failure of CHAOS STUDIOS to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of participating in the Activities. I freely, knowingly, and voluntarily assume and accept all such risks, whether known or unknown, foreseeable or unforeseeable.
I AM SATISFIED THAT I HAVE FULLY INFORMED MYSELF ABOUT THE ACTIVITIES THAT I WILL OR MAY BE PARTICIPATING IN AND I KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL RESPONSIBILITY AND RISKS, BOTH KNOWN AND UNKNOWN, FORESEEABLE OR UNFORSEEABLE, FOR MY PARTICIPATION IN THE ACTIVITIES.
MEDICAL CONDITION AND FITNESS
I represent and warrant that I am physically and mentally fit to participate in the Activities and do not suffer from any condition, injury, illness, or impairment that would increase my risk of injury or harm. I acknowledge that participation may place unusual stress on the body and is not recommended for individuals with medical conditions, including, but not limited to, epilepsy, cardiac disorders or respiratory disorders, neurological disorders, pregnancy, joint or ligament problems, or serious mental health conditions. I further confirm that I have consulted a medical professional where appropriate and accept full responsibility for my health and my decision to participate.
DRUGS, ALCOHOL, AND INTOXICATION
I certify that I am not under the influence of alcohol, cannabis, drugs, medications, or any mind-altering substances that could impair my judgment, coordination, or ability to safely participate in the Activities. I agree to remain sober for the duration of my participation and while on CHAOS STUDIOS’ premises. I understand and agree that CHAOS STUDIOS reserves the right, in its sole discretion, to refuse entry, remove me from the premises, or immediately terminate my participation without refund or compensation if impairment is suspected or if my conduct poses a safety, operation, or legal risk.
SAFETY EQUIPMENT AND RULE COMPLIANCE
I agree to properly wear and use all safety equipment provided by CHAOS STUDIOS at all times and to follow all verbal and written instructions, rules, and safety protocols. I understand that failure to properly wear safety equipment or to comply with instructions may result in serious injury or death and that any injury arising from such failure is my sole responsibility.
I acknowledge that I have had the opportunity to inspect all equipment and facilities prior to use and accept them in their present condition. I agree that any failure to report defects or unsafe conditions before use constitutes acceptance.
NO INSURANCE PROVIDED
I acknowledge and agree that CHAOS STUDIOS does not provide medical, disability, personal accident, or life insurance coverage for participants. I am solely responsible for obtaining any such insurance coverage that I consider necessary.
RELEASE OF LIABILITY AND WAIVER OF CLAIMS
In consideration of CHAOS STUDIOS permitting my participation in the Activities and use of its facilities and equipment, I, on behalf of myself, my heirs, executors, administrators, next of kin, assigns, and any other persons claiming through me, hereby fully and forever waive, release, remise, quit claim, discharge, and covenant not to sue CHAOS STUDIOS, its directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, successors, assigns, landlords, and insurers (collectively, the “Releasees”) from any and all claims, demands, causes of action, damages, losses, expenses, or liabilities of any kind whatsoever, whether known or unknown, direct or indirect, arising out of or related to my participation in the Activities.
This release includes, without limitation, claims arising from negligence, breach of contract, breach of statutory duty, breach of the Occupiers’ Liability Act (Ontario), failure to warn, failure to supervise, failure to provide adequate instructions, or any other legal theory whatsoever, whether brought by me or by any third party.
I understand that by signing this Agreement, I am giving up substantial legal rights.
INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, demands, damages, losses, costs, expenses (including legal fees), or liabilities arising out of or related to my participation in the Activities, my actions or omissions, my breach of this Agreement, or any claim brought by a third party as a result of my conduct.
PROPERTY DAMAGE RESPONSIBILITY
I agree that I am financially responsible for any damage I cause, whether intentional or accidental, to CHAOS STUDIOS’ rooms, equipment, fixtures, lighting, electronics, or structural elements, including damage resulting from unauthorized or improper use of equipment.
ACCIDENT REPORTING AND MEDICAL CONSENT
I agree to immediately report any accident, injury, loss, or damage to a CHAOS STUDIOS representative and to cooperate fully in the completion of an incident report.
I authorize CHAOS STUDIOS to obtain or administer first aid or emergency medical treatment on my behalf if deemed necessary and hereby release and indemnify the Releasees from any liability arising from such treatment.
FORCE MAJEURE / EMERGENCY EVENTS
CHAOS STUDIOS shall not be liable for any injury, loss, damage, interruption, or inconvenience arising from events beyond its reasonable control, including but not limited to fire, power failure, flood, evacuation, government orders, natural disasters, or other emergencies.
IMAGE, LIKENESS, AND MEDIA RELEASE
I irrevocably grant CHAOS STUDIOS the unrestricted, worldwide, perpetual right to photograph, record, film, broadcast, reproduce, modify, edit, publish, and distribute my name, image, likeness, voice, signature, and biographical information in any medium now known or hereafter devised for promotional, advertising, marketing, or business purposes, without compensation. I waive all moral rights, rights of approval, and claims for invasion of privacy, defamation, or misappropriation. In consideration and in return for being allowed to participate in the Activities, I release and agree not to sue the Releasees from all present and future claims regarding my participation in the Activities that may be made by me, my family, estate heirs, or assigns.
INTELLECTUAL PROPERTY
All media created in connection with the Activities shall be the sole property of CHAOS STUDIOS. To the extent that I may have any interest in such materials, I hereby assign all right, title, and interest to CHAOS STUDIOS and waive all related claims.
CLASS ACTION WAIVER
I agree that any claim or dispute arising out of or relating to this Agreement or my participation in the Activities shall be brought solely in my individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations, negotiations, or agreements, whether oral or written.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any legal proceeding shall be brought exclusively in the courts of Ontario.
SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
ACKNOWLEDGEMENT
I acknowledge that I have read this Agreement in its entirety, fully understand its terms, understand that I am waiving substantial legal rights, have had the opportunity to seek independent legal advice, and sign this Agreement freely and voluntarily without any inducement, pressure, or coercion.