Release of Liability
Riddle, LLC and Upside Down Escape Games, LLC, both Massachusetts limited liability companies (“Riddle” & "UDEG"), operate and/or conduct room escape adventures. As participating in a room escape can or could result in injuries to the participant, we require ALL participants to assume all risks by signing this participation agreement and general release. This agreement affects your legal rights, so read it carefully before signing it.
ASSUMPTION OF RISK. I acknowledge that I have requested participation in a room escape adventure (which may include, but is not limited to, crouching, kneeling, climbing, crawling, jumping, rolling and reaching, in each case sometimes in the dark (the “Escape Activity”) operated by Riddle and/or UDEG. I understand that close contact with people increases the risk of infection from COVID-19 and give consent to take this risk. I am also fully aware that my participation in the Escape Activity involves numerous risks and hazards, including, but not limited to, falls, contact and/or crashes with other participants, exposure to strobe lights, lasers and other special effects, use of restraints, equipment malfunctions and operator error, and I freely assume those risks. I further understand that there is a possibility of death and serious physical or mental trauma or injury (paralysis) associated with my participation in this Escape Activity. I hereby voluntarily assume all risks of loss, damage, injury, or death that may be sustained by me as a participant in this excursion. I understand that I am not actually locked in during the game and can leave at any time.
FITNESS FOR PARTICIPATION. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Escape Activity, or else I agree to bear the costs of such injury or damage to myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have, including but not limited to pregnancy, heart condition, back problems, loss of consciousness, and /or epilepsy.
RELEASE, WAIVER & INDEMNITY AGREEMENT. In consideration of being permitted to participate in this Escape Activity, I personally and for all my personal representatives, agents, assigns, heirs, children, and next of kin:
1) Hereby voluntarily hold harmless, discharge, release, waive, relinquish, and discharge Riddle, UDEG, and its principals, owners, officers, directors, agents, representatives, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter referred to as “Releasees”) from any and all liability to me or any other person on account of personal injury, death or property loss, whether caused by the negligence or other breach of duty by the Releasees or otherwise, which arises out of or is related, directly or indirectly, to my participation in this Escape Activity or to the use, condition or operation of the equipment provided to me.
2) Hereby agree to indemnify and save and hold harmless the Releasees from any loss, liability, damage, or cost they incur, directly or indirectly, due to my presence at, or due to any of my actions or omissions related to or arising out of my participation in this Escape Activity or to the use, condition or operation of the equipment provided to me, and whether caused by the negligence of the Releasees or otherwise.
I expressly agree that the foregoing, Release of Liability is intended to be as broad and inclusive as permitted by applicable law.
PERMISSION TO USE IMAGE/SOUND. I hereby grant the Releasees the right to use my photographic image, video/sound footage, and reproductions of such images, video/sound footage for any marketing, promotion, or commercial purposes, including social media, in their sole discretion as they see fit without any financial reimbursement to me.
ATTORNEY’S FEES; CONSENT TO JURISDICTION. The prevailing party in any proceeding brought to enforce the terms of this Agreement will be entitled to recover from the other party all damages, costs and expenses, including without limitation, reasonable attorney’s fees, incurred as a result of such action. Further, I voluntarily agree to subject myself to the jurisdiction of the courts of the Commonwealth of Massachusetts, regardless of the location of my residence. This consent to jurisdiction is not valid unless I sign this Agreement.
ENTIRE AGREEMENT; GOVERNING LAW. This Agreement constitutes the full, complete, and exclusive agreement between Riddle, UDEG and me with respect to the subject matters herein. The validity of this Agreement, and any of its terms and conditions, as well as the rights and duties of the parties hereto, will be governed and construed under the laws of the Commonwealth of Massachusetts, without regard to conflict of the laws and rules.
ACKNOWLEDGEMENT OF PARTICIPANT. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Riddle, UDEG, or the employees, representatives or agents of Riddle and UDEG. I further acknowledge that Riddle and UDEG reserve the right to eject anyone from the Escape Activity with no refund who is unruly, disrupting other players, drunk, intentionally destroying property, or not playing well with others. I further acknowledge that to the extent that any equipment or other property is damaged due to my actions I will be liable for all repairs and/or replacement. I acknowledge that a significant aspect of the Escape Activity is the element of surprise and I will not share/disclose the details of my experience with others or reveal secrets, solutions or tricks either in person or on social media. I will not use any electronics device including but not limited to a cell phone or tablet during my participation in the Escape Activity. I fully understand that there are no refunds under any conditions once I pay my entrance fee. I understand that Riddle and/or UDEG may utilize my email address for marketing purposes to the extent that I provide it below.
AUTHORITY TO CONTRACT. I state that I am of lawful age and legally competent to sign this instrument or, if not that my parent or legal guardian shall sign on my behalf. I acknowledge that I have read the foregoing paragraphs, fully understanding the potential damages incidental to engaging in this excursion, am fully aware of the legal consequences of signing this instrument, and that I understand and agree that this instrument is legally binding and will preclude me from recovering monetary damages from the Releasees, whether specifically named or not, for personal injury, property damage or wrongful death caused by negligence.
RELEASE BY MINOR PARTICIPANT. For all persons under eighteen (18) years of age a parent or legal guardian must sign the following acknowledgement. The undersigned parent/guardian is the parent and natural or legal guardian of the minor named below and hereby acknowledges that he/she has executed this Release for and on behalf of the minor named herein and agrees to bind him or her, the minor, his or her personal representatives, agents, assigns, heirs, children, and next of kin to the terms of the foregoing Release. I hereby authorize any licensed physician, emergency medical technician, hospital or other medical or health care facility to treat the minor named herein for the purpose of attempting to treat or relieve such injuries. I consent to the administration of all medical care. By signing this Release I agree that I or the part of my responsible party lose my/our right to sue anyone involved with Riddle, UDEG and/or the Escape Adventure.