MAKE A BREAK RELEASE AND WAIVER OF LIABILITY
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP LEGAL RIGHTS
In consideration for being permitted into Make A Break Escape and the related activities (collectively, “activities”), I agree to the following: MAKE A BREAK ESCAPE RESERVES THE RIGHT TO REFUSE ENTRY TO THE MAKE A BREAK ESCAPE FACILITY IF THE EMPLOYEES OR STAFF BELIEVES THAT PARTICIPANTS COULD CREATE A RISK OF HARM TO THEMSELVES OR OTHER PARTICIPANTS.
ASSUMPTION OF RISK: I agree that I and/or my child/ward am/are voluntarily participating in the activities offered by Make A Break Escape and engaging in recreational activities within the meaning of West’s F.S.A. § 744.301 while using the Make A Break Escape Facility and it is my voluntary and informed decision to release any future lawsuits or claims that I/we may have against Make A Break Escape . Therefore, I agree on behalf of myself and my child/ward and our personal representative, successors, heirs, and assigns to hold Make A Break Escape and its affiliates, officers, directors, agents, employees, designers, licensors, and members, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment comprising the Make A Break Escape facility (collectively, the “Releasee”) harmless from any and all claims or causes of action arising out of me and/or my child/ward’s participation at the Make A Break Escape facility.
I expressly release and forever discharge Releasee from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury, or death to me and my child/ward, while participating in any of the activities offered at the Make A Break Escape facility. This includes, without limitation, the use of electronic equipment, costumes, art work, furniture, locking mechanisms, receiving instruction, strenuous bodily movement, and any other activities in and around the Make A Break Escape facility. This release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of any Releasee or from any other cause. This Waiver and Release of Liability includes, without limitation, injuries, or accidents, which may occur as a result of the: (a) use or misuse of the facility in any way by anyone, (b) use of any equipment that malfunctions or breaks, (c) improper maintenance of the facility, grounds, or any equipment, (d) instruction or supervision, or (e) slipping, tripping and /or falling while in the facility or on the surrounding premises. This Release of Liability also expressly includes a release for any and all claims arising out of or under the Florida Premises Liability Statute (768.0755).
I further grant Make A Break Escape the right to photograph, videotape, and/or record me and/or my child/ward and to use my and/or my child’s/ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND/OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST ESCAPE THE PLACE. SHOULD ANY CLAIM BE MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEY’S FEES AND DEFENSE COSTS INCURRED BY ESCAPE THE PLACE IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM.
This Release and parental/guardian Waiver is made in accordance with F.S.A. § 744.301. I have read the above, considered its effects, understand its content, and agree, on behalf of myself and/or my child/ward, to the terms as stated above. This agreement specifically contains an indemnity agreement whereby I agree to reimburse the Releasee against any damages (including attorney’s fees and costs) incurred as a result of any lawsuit, claim, or action brought by myself, my child/ward, or any other party, related in any way to me or my child’s/ward’s use of the Escape the Place facility. I further understand that no person has permission to use the Make A Break Escape facility without an effective and validly signed Release and parental/Guardian Waiver of Liability.
I understand that I am voluntarily giving up me and or my child’s/ward’s right to bring a lawsuit or claim against the above‐mentioned Releases. I further understand and accept the above risks related to these activities.
Read this form completely and carefully. You are agreeing to let your minor child engage in a potentially dangerous activity. You are agreeing that, even if Make A Break Escape uses reasonable care in providing this activity, there is a chance your child may be seriously injured or killed by participating in this activity because there are certain dangers inherent in the activity which cannot be avoided or eliminated. By signing this form you are giving up your child’s right and your right to recover from Make A Break Escape in a lawsuit for any personal injury, including death, to your child or any property damage that results from the risks that are a natural part of the activity. You have the right to refuse to sign this form, and Make A Break Escape has the right to refuse to let your child participate if you do not sign this form.