In consideration of using the facilities, services, and equipment of “Bash Bays” located at 815 Simpson Street, Thunder Bay, Ontario (hereinafter referred to as “Bash Bays”), I, the undersigned, hereby acknowledge and agree to all of the following terms and conditions:

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ACTIVITIES

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In this Waiver and Release Agreement, “Activities” shall include but shall not be limited to all activities, functions, events, orientations, instruction sessions, participation and services arranged, organized, provided, sponsored or authorized by Bash Bays, including, without limitation: breaking, hitting, smashing, and destroying various objects with one or more instrument(s), item(s) and/or tool(s) in any of the designated rooms or other related activities within Bash Bays.

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I, the undersigned, hereby acknowledge, understand, and accept that the Activities included pertain to all of the premises of Bash Bays.

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PROPERTY SUBJECT TO THE ACTIVITIES

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Property subject to the Activities of breaking, hitting, smashing and destroying will consist of, but not be limited to, electronics, small appliances, dishes, and cars.

I, the undersigned, hereby acknowledge, understand, and accept full responsibility and liability of the risk of carrying out the Activities with the dangers, risks, and hazards associated with the subject property.

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EQUIPMENT

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Tools, including but not limited to: baseball bats, pipe wrenches, sledgehammers, and crow bars, will be provided by Bash Bays. If customers wish to bring their own items, excluding personal tools, the items must first be permitted by management before entering into the designated area(s). A customer may call Bash Bays ahead of their scheduled Activity to see if an item may be permissible, however, it will only be permitted upon management’s approval at the facility, prior to entering into the designated area(s).

I, the undersigned, hereby acknowledge, understand, and accept that Bash Bays is not responsible and will not be held liable for any injury, death, or incapacity caused from the instrument(s), item(s), or tool(s) provided by Bash Bays or brought under my own volition. 

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PERSONAL PROTECTIVE EQUIPMENT

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Bash Bays will provide customers with personal protective equipment including but not limited to: gloves, coveralls and face shields (hereinafter referred to as “Personal Protective Equipment”). Customers will be responsible for wearing closed-toed footwear upon entering Bash Bays premises and throughout their time within any of the Bash Bays premises and designated Activities areas. Customers will not be permitted entry to the designated Activities areas without closed-toed footwear. During the winter months from November to April, customers are required to bring a pair of indoor closed-toed footwear in order to be permitted into the designated areas. A designated area will be provided for changing from outdoor to indoor closed-toed footwear, however, Bash Bays will not be responsible for lost or stolen footwear or other goods brought in with the customer.

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I, the undersigned, hereby acknowledge, understand, and accept that Bash Bays is not responsible and will not be held liable for any injury, death, or incapacity caused from the Personal Protective Equipment provided by Bash Bays. I, the undersigned, will wear the Personal Protective Equipment and closed-toed footwear at all times when necessary and within the designated areas.

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PROHIBITION OF INTOXICATION

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All customers must not be intoxicated or under the influence, showing signs of being intoxicated or under the influence, or give reasonable suspicion of being intoxicated or under the influence of alcohol, drugs, or any other substances or medication that may physically, mentally, or cognitively impair them or their judgment.

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I, the undersigned hereby state that I will not enter Bash Bays premises, facilities, designated areas, or participate in any activities under the influence of alcohol, drugs, or any other substances or medication that may physically, mentally or cognitively impair me, or impair my judgment. I further acknowledge hereby that if I bring into Bash Bays premises, alcohol, drugs, or any other substance or medication (unless required for medical purposes) I may not be admitted entry to or may be asked to leave Bash Bays premises.  

 

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ASSUMPTION OF RISK

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I, the undersigned, hereby agree, acknowledge, and accept that the use of equipment and participation in and on Bash Bays premises, as defined, including but not limited to the facilities, designated smash rooms, related activities, the use of equipment and facilities is dangerous which may result in serious injury or death resulting from my own actions, the actions of others, improper use of equipment, equipment failures, failure to act safely within one’s own ability, negligence of others and negligent first aid. I understand that negligence includes failure on the part of Bash Bays to take responsible steps to safeguard or protect me from the risks, dangers, and hazards of participating in Bash Bays’ activities. I accept and fully assume responsibility, all risks, dangers and hazards associated with Bash Bays Activities and the possibility of personal injury, death, property damage or loss resulting therefrom. I have received full information regarding Bash Bays services, equipment, and facilities and have had a sufficient opportunity to ask questions I may have in this regard.

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I, THE UNDERSIGNED, AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. I, THE UNDERSIGNED, ACKNOWLEDGE THAT I AM VOLUNTARILY AND UNDER MY OWN VOLITION PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, HAZARDS AND RESPONSIBILITIES INVOLVED AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER IT BE CAUSED BY THE NEGLIGENCE OF BASH BAYS OR OTHERWISE.

 

MEDICAL CONDITION

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I, the undersigned, understand, acknowledge, agree, and accept that participation in the Activities may place unusual stress on my body and that the Activities are not recommended for people suffering from medical conditions including but not limited to asthma, cardiovascular disorders, respiratory disorders, epilepsy, hypertension, skeletal, joint, muscular, or ligament problems and conditions, and certain mental illnesses. Women who are pregnant or suspect they are pregnant are not recommended to engage in Bash Bays Activities.

 

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RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

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In consideration of Bash Bays agreeing to my participation in the Activities, and permitting me to use Bash Bays equipment, premises, and facilities, I hereby agree as follows:

TO WAIVE ANY AND ALL CLAIMS AND TO RELEASE BASH BAYS, including its directors, officers, shareholders, employees, agents, representatives, successors, and assigns (hereinafter collectively referred to as the “Releasees”), from any and all liability for any loss, damage, expense, injury, including death, that I may suffer, or that my next of kin may suffer, now or in the future, due to any cause whatsoever during my participation in any of the Activities including, without limitation, as a result of: negligence, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise on the part of Bash Bays in respect of the provision of or in the failure to provide any warnings, directions or instruction as to the Activities or the risks, dangers, and hazards of participating in the Activities. I understand that negligence includes the failure on the part of Bash Bays to take reasonable steps to safeguard or protect me from the risks. I covenant not to make or bring any such claim against Bash Bays or any other Releasee, and forever release and discharge Bash Bays and all other Releasees from liability under such claims.

TO HOLD HARMLESS AND INDEMNIFY BASH BAYS AND ALL OTHER RELEASEES from all liability for any property damage or personal injury to any third party and from any third party resulting from my actions or the actions of a third party.

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This Waiver shall be effective in the Province of Ontario and binding upon my heirs, next of kin, executors, and administrators in the event of injury, death, or incapacity. 

Any litigation involving the parties to this Agreement shall be brought solely within Canada and shall be governed by the laws of Ontario. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable, such invalidity, illegality, unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable any other term or provision.

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I, the undersigned, will be responsible for property damage as a result of any unauthorized activity, including, but not limited to, throwing objects or using any striking equipment directly against a ceiling, any lights, speakers, or any other property not subject to the designated Activities, whether intentional or accidental.

 

BY COMPLETING THIS FORM, I, THE UNDERSIGNED, HEREBY ACKNOWLEDGE THAT I AM NOT INTOXICATED NOR UNDER THE INFLUENCE OF ANY ALCOHOL, DRUGS, OR OTHER SUBSTANCES THAT MAY RESULT IN MY PHYSICAL, MENTAL, OR COGNITIVE IMPAIRMENT OR THAT MAY IMPAIR MY JUDGMENT. I, THE UNDERSIGNED, HEREBY ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY ACTIONS, RISKS, DANGERS, AND HAZARDS RESULTING FROM THE USE OF THE FACILITIES AND PARTICIPATION IN THE ACTIVITIES WHILE UNDER THE INFLUENCE OR WHILE INTOXICATED. I, THE UNDERSIGNED, UNDERSTAND THAT I AM GIVING UP CERTAIN RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ASSIGNS MAY HAVE. I AM AT LEAST 18 YEARS OLD AS OF THE DAY THIS FORM WAS FILLED OUT. I FREELY ACCEPT AND ASSUME ALL RISKS, DANGERS AND HAZARDS AND THE POSSIBILTY OF RESULTING PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS DIRECTLY OR INDIRECTLY ASSOCIATED WITH MY PARTICIPATION IN THE ACTIVITY. I HAVE READ THIS RELEASE AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND VOLUNTARILY, UNDER MY OWN VOLITION, AGREE TO ITS TERMS.

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I, THE UNDERSIGNED, HAVE HAD SUFFICIENT TIME TO READ THIS ENTIRE AGREEMENT. I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

 

 

PARENT’S OR GUARDIAN’S ADDITIONAL AGREEMENT AND INDEMNIFICATION (Must be completed for participants under the age of 18)

Please be advised that no person under the age of 10 will be permitted to participate in the Activities.

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In consideration of (please list the names of participants aged 10 to 17):

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______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

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the minor(s) being permitted to participate in Bash Bays Activities and to use its equipment, premises, and facilities, I, the parent or guardian of the minor agree on behalf of the minor to the above responsibilities, assumptions of risk, release of liability, and waiver of claims and to release, indemnify and hold harmless Bash Bays and its Releasees from any and all claims which are brought by, or on behalf of the minor, and which are in any way in connection with such participation or use by the minor. I further certify that I am the parent or guardian of the minor(s) on this agreement and certify that I will be present and accompanying the minor at Bash Bays premises at the time of and for the purpose of signing this Assumption of Risk, Waiver, Release and Indemnification. I hereby give approval to the participation in Bash Bays activities and/or use of its equipment, premises, and facilities by the minor(s).

 

(PARENT or GUARDIAN)