WAIVER AND RELEASE OF LIABILITY IN FAVOR OF ABACUS STUDIOS INC. dba SMASH THERAPY (砸吧)

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NOTE: Any participant under the age of 19 years old must have his or her parent, guardian or accompanying adult sign this Waiver and Release of Liability before that participant can participate in any Activities (defined below) or use any Equipment (defined below) made available at Smash Therapy (砸吧). ABACUS STUDIOS INC. dba Smash Therapy (砸吧) may rely completely on the representation made by an individual who claims to be the parent, guardian or accompanying adult of a participant and shall not be obligated to independently verify whether or not such individual is in fact the parent or legal guardian of the participant. No person under the age of 8 years old may participate in any Activities or use any Equipment at Smash Therapy. By signing this Waiver and Release of Liability yourself without a parent or guardian also signing, you are representing to ABACUS STUDIOS INC. dba Smash Therapy (砸吧) that you are at least 19 years of age and that you agree to all the following terms and conditions.

To: ABACUS STUDIOS INC. dba Smash Therapy (砸吧) In consideration of $1.00 and ABACUS STUDIOS INC. dba Smash Therapy (砸吧) allowing the below described Participant to participate in the Activities (defined below) and/or to use the Equipment (defined below), as well as other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby agree as follows:

For the purposes of this Waiver and Release of Liability, `Activities` means any and all services, events and activities provided by ABACUS STUDIOS INC. dba Smash Therapy (砸吧) to the below described Participant including without limitation bubble soccer games, name-tag games, smashing activities or other ancillary services, events or activities of whatever nature related thereto. `Equipment` means any equipment provided by ABACUS STUDIOS INC. dba Smash Therapy (砸吧) to the below described Participant including without limitation markers (i.e. bats, crowbars, hammers, sledgehammers), vests, clothing, suits, helmets, safety goggles, and other gear or equipment.

I fully understand and acknowledge that: (a) the Activities are by nature physically and mentally strenuous and that serious risks and dangers exist in the below described Participant`s use of the Equipment and participation in the Activities, including without limitation risks and dangers arising from projectiles (debris or broken pieces) flying or deflecting off of surfaces toward below described Participant at extremely high speeds, from the combative, competitive and aggressive nature of the Activities, from the set up of the playing field where the Activities take place; (b) the below described Participant's participation in the Activities and/or use of the Equipment may result in injury or illness to the below described Participant including but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, mental stress, or other ailments that could cause serious disability or death; (c) these risks and dangers may be caused by the negligence of others, accidents, breaches of contract, the forces of nature or other causes and may arise from foreseeable or unforeseeable causes; and (d) by my participation in the Activities and/or use of Equipment, I hereby assume all risks and dangers of every kind and nature which arise therefrom.
Notwithstanding any other agreement or understanding to the contrary, be it oral or in writing, I, on behalf of myself, my personal representatives and my heirs, hereby forever release, waive, discharge, and hold harmless ABACUS STUDIOS INC. dba Smash Therapy (砸吧), as well as its directors, shareholders, managers, employees, agents, officers, and representatives from any and all claims, liabilities, demands, expenses, suits, actions, losses or causes of action, whether on the basis of law, equity, tort law, contract law, or otherwise, for personal injury, sickness, or death, as well as property damage and expenses of any nature whatsoever which may be incurred by the below described Participant while participating in any of the Activities or using any of the Equipment. I shall also hold harmless and fully indemnify ABACUS STUDIOS INC. dba Smash Therapy (砸吧) as well as its directors, shareholders, managers, employees, agents, officers, and representatives thereof from any liability sustained by them as the result of the negligent, willful or intentional acts of said participant, including damages and costs incurred attendant thereto.

I certify that I am the below described participant, or the parent or guardian of the below described participant (as the case may be), and that the below described participant is in good health both mentally and physically, does not have a heart condition, ailment or condition which could be worsened as a result of participating in or observing the Activities or using the Equipment, and that it is my responsibility to consult with a physician before participating in or observing the Activities or using the Equipment.

I agree to follow all the rules and regulations of ABACUS STUDIOS INC. dba Smash Therapy (砸吧), including without limitation any rules posted in or around the playing area as well as the following: (a) I shall never remove my face mask while in the smash zone or in any other area where I might be struck by flying debris; (b) I confirm that am not carrying and shall not carry any outside weapons, dangerous substances or devices into the designed playing area; (c) I shall only use the Equipment supplied by ABACUS STUDIOS INC. dba Smash Therapy (砸吧) when participating in the Activities; (d) I shall not aim the Equipment or use it as a means of intimidation or in a joking manner outside of the designated smashing area; (e) I shall never gesture to attack any one; (f) I shall not intentionally destroy or damage the Equipment and shall return the Equipment promptly when the allotted time for using the Equipment has expired, otherwise I shall be fully responsible for the safe return, repair or replacement of the following Equipment upon termination of the Activities: jackets - $60.00, marker - $325.00, goggles and helmet - $75.00; (g) At the expiry or termination of the Activities, whichever is earlier, I shall return all Equipment provided to me by ABACUS STUDIOS INC. dba Smash Therapy (砸吧); and (h) ABACUS STUDIOS INC. dba Smash Therapy (砸吧) may terminate, postpone or cancel any Activities at any time in its discretion due to concerns about the safety of any participant in the Activities.

I agree that this Waiver and Release of Liability is intended to be as broad and inclusive as is permitted by the law of the Province of British Columbia and that if any portion thereof is held invalid, I agree that the balance shall, nevertheless, continue in full legal force and effect.

I agree that this Waiver and Release of Liability shall apply to each and every time I visit ABACUS STUDIOS INC. dba Smash Therapy (砸吧) and take part in any of the Activities from the date that I sign this Waiver and Release of Liability until five years thereafter. By signing this Waiver and Release of Liability today, I agree that each and every time I visit ABACUS STUDIOS INC. dba Smash Therapy (砸吧) in the next five years I shall be deemed to have agreed to the terms and conditions of this Waiver and Release of Liability, regardless of whether or not I personally sign another Waiver and Release of Liability during any of my subsequent visits to ABACUS STUDIOS INC. dba Smash Therapy (砸吧) in the next five years.

I have read and understand this Waiver and Release of Liability in its entirety and that I have executed same of my own free will without being subject to any duress whatsoever. I also acknowledge that I have the right to withdraw from participation in the Activities or use of the Equipment at any time.

I authorize ABACUS STUDIOS INC. dba Smash Therapy (砸吧) to use any images of myself, including video footage and photos from group gatherings and games for in-house and/or promotional purposes at any time. All usage will be of a positive nature. Individuals' personal information will be kept strictly confidential.
I am aware of my right to independent legal advice with respect to this Waiver and Release of Liability and acknowledge that I have been encouraged to obtain such independent legal advice prior signing this Waiver and Release of Liability.

This Waiver and Release of Liability will be governed by and
interpreted in accordance with the laws of British Columbia.
BY CHECKING "I AGREE", I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THE ABOVE WAIVER AND RELEASE OF LIABILITY.