ACCIDENT WAIVER AND RELEASE OF LIABILITY
Victor Valley Escape (operated by Active Games Entertainment, LLC) wants all visitors to have a fun time with their families and friends. The safety of our customers is our first priority. To help everyone stay safe, this Agreement outlines the rules you must agree to follow in exchange for being allowed to participate in activities involving the use of our escape room providing puzzle solving entertainment.
I agree for myself and (if applicable) for the members of my family, to the following:
I hereby grant permission to Victor Valley Escape to the rights of my image, likeness and sound of my voice as recorded on audio or video without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area.
Photographic, audio or video recordings may be used for the following purposes: Social media posts, Marketing material, Informational presentations, On-line blogs and/or discussion forums, Educational videos.
I will follow instructions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Victor Valley Escape, or the employees, representatives or agents of Victor Valley Escape.
I assume the risks of this activity and I will not hold Victor Valley Escape responsible. I am and adult I recognize that there are certain inherent risks including but not limited to mental stress, bending, twisting, lifting small objects, slip or fall hazards, water hazards and confinement in a closed space, associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Victor Valley Escape for injury, loss, disability, property damage or theft or damages of any kind arising out of my or my family's use of or presence upon the facilities of Victor Valley Escape, whether caused by the fault of myself, my family, Victor Valley Escape or other third parties. Expectant mothers or people with serious medical conditions such heart disease or back injuries that cannot meet the physical requirements will not be able to participate.
I agree that I will be removed from the property if I behave in an unsafe manner and that I will not receive a refund. I will not be allowed to participate if I am or appear to behave as if I am under the influence of alcohol or drugs. I also understand that I will be removed if I behave in any manner that endangers the safety of myself or others.
I am responsible for the costs of any lawsuits that happen because of my actions (or my family’s actions). I agree to indemnify and defend Victor Valley Escape, Active Games Entertainment, LLC, the directors, officers, employees, volunteers, representatives and agents against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Victor Valley Escape.
I will pay for all damages caused by myself or my family. I agree to pay for all damages to the facilities of Victor Valley Escape caused by any negligent, reckless, or willful actions by me or my family. I will not tamper with nor allow my child to tamper with the smoke detector system.
I give permission for my child to participate. I, (parent/guardian name) consent to the participation of my child, (child name), in activities in of the escape room providing puzzle solving entertainment, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I certify that I have legal authority over and custody of (child name).
I give permission for medical treatment if my child is injured. In the event of an injury to the above minor during the above described activities, I give my permission to Victor Valley Escape or to the employees, representatives or agents of Victor Valley Escape to arrange for all necessary medical treatment for which I will be financially responsible. This authority will begin when my child arrives at Victor Valley Escape and will remain in effect until the above described activities are completed. I hereby authorize any licensed physician, emergency medical personnel, hospital or medical facility to treat my child for any injuries resulting from these activities. I give consent to the administration of all medical care.
California law governs this Agreement. This Agreement will be governed and construed in accordance with the laws of California, excluding California’s choice-of- law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in Agreement, tort or otherwise, will likewise be governed by the laws of California, excluding California’s choice-of-law principles.
I have signed this Agreement willingly. I acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. This Agreement may be executed in counterpart, and may be executed by way of facsimile or electronic signature, and if so, will be considered an original.
If one part of this Agreement is invalid, it does not affect the rest of the Agreement. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, will not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision will be deemed not to be a part of this Agreement.
We will solve problems without going to court. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto will use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they will consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences will be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
BY SIGNING THIS RELEASE I UNDERSTAND THIS PERMISSION SIGNIFIES THAT PHOTOGRAPHIC OR VIDEO RECORDINGS OF ME MAY BE ELECTRONICALLY DISPLAYED VIA THE INTERNET.
I HAVE READ THIS ENTIRE DOCUMENT AND UNDERSTAND IT. I SIGN THIS OF MY OWN FREE WILL AND UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER OR GIVE UP CERTAIN LEGAL RIGHTS. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.