Please sign below

Waiver Form

Waiver
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I acknowledge that the use of Mad Splatter Inc. (“Mad Splatter”) facilities, equipment, merchandise, services, and programs (including the Splatter Zone and classes) (“Mad Splatter Services”) involve an inherent risk of personal injury and/or loss of property. I, the participant, for myself and my heirs, successors, and assigns, hereby waive, release, and forever discharge Mad Splatter and its affiliates, successors and assigns, shareholders, members, partners, officers, directors, managers, agents, employees, representatives, and volunteers (collectively, the “Released Parties”), from any and all responsibilities, claims, causes of action, damages, costs or expenses of any kind, or liability arising from or in any way connected to my use of use of Mad Splatter Services (collectively, the “Claims”). I agree not to file suit or grievance or make any claims against the Released Parties in any local, state, or federal court or administrative office on account of any injuries or damages covered herein. I expressly agree that this Release shall cover all physical and emotional injuries and/or damages, including without limitation all bodily injury (including death) and property damage, whether suffered by me or anyone else, during or after use of the Mad Splatter Services. I represent to the Released Parties that I am in good health and suffer from no physical impairment or medical condition which might limit my ability to participate in the Mad Splatter Services. I acknowledge that in connection with the Mad Splatter Services that instructions, restrictions, and guidelines (collectively the “Guidelines”) will be communicated to me by Mad Splatter. I agree to abide by the Guidelines for my own personal safety as well as the safety of other participants and guests of Mad Splatter. I am aware that the COVID-19 pandemic creates additional risks of the use of Mad Splatter Services. I acknowledge that by using Mad Splatter Services, I risk exposure to the novel coronavirus and/or development of COVID-19. I acknowledge that I am voluntarily choosing to use Mad Splatter Services and have considered those risks. I expressly and specifically assume such risks associated with the novel coronavirus and/or COVID-19, including any and all risk of injury, harm, or loss that may incur as result of using Mad Splatter Services. By signing this document, I certify that (1) I have not had close contact or cared for someone diagnosed with COVID-19 within the last 14 days and (2) I have not experienced any cold or flu-like symptoms (cough, fever, headaches, muscle aches, rashes) in the last 14 days. I agree that I will follow the Guidelines that any of the Released Parties mandate for my use of Mad Splatter Services, including, but not limited to, rules related to social distancing and provided amenities. On my own behalf and on behalf of my heirs, heirs, successors, and assigns I hereby agree to indemnify and hold each of the Released Parties harmless from and against any and all Claims made or incurred by anyone, including myself, arising out of or in any way connected to the representations I have made in this Release or my use of the Mad Splatter Services, wherever such activities may occur and whether suffered before, during or after such participation. My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals. If any provision or part thereof of this Release is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken from this Release without affecting the binding force or effect of any other part or provision. This Agreement shall be governed by the laws of the State of North Carolina. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Guilford County, North Carolina and I hereby consent to the exclusive jurisdiction of such courts. I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY. By submitting this entry, I acknowledge on behalf of myself, or the minors for which I am a parent or guardian, that I have read and agreed to the above Release. In addition, if I am a parent or guardian, I accept full responsibility for the care and supervision of my child during the use of Mad Splatter Services.
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