ACCIDENT WAIVER AND RELEASE OF LIABILITY FOR REAL ADVENTURE ENTERTAINMENT LLC
I realize that being a participant brings with it potential risks (and rewards). By booking this fun event, I agree to assume all of the risks of participating in any/all activities associated with this escape room event, including by way of example and not limitation, any risks that may arise from other participants like tripping or falling over things they or myself scatter about the room, bumping and/or crashing into them, and smelling their stinky stress-sweat, or by negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
In exchange for participation in the activity of escaping a room organized by Real Adventure Entertainment LLC DBA Real Escape, referred to as the Company of 6225 District Blvd, Suite 103, Bakersfield, CA 93313 and/or use of the property, facilities and services of the Company, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey posted rules and warnings, and further agree to follow any oral instructions or directions given by the Company, or the employees, representatives or agents of the Company.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks 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 the Company for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of the Company, whether caused by the fault of myself, my family, the Company or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend the Company 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 the Company.
4. FEES. I agree to pay for all damages to the facilities of the Company caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California
6. ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
7. Confidentiality / Non-Disclosure. You acknowledge that during the course of your experience in the facilities of the Company you will learn certain information that must be maintained confidential in order to ensure the continued success of the Company and its operations. You further Acknowledge that your disclosure of any such information to third parties and or the public, including through digital mediums and social media would result in irreparable harm to the Company. Based thereon, you agree that any and all information you may obtain concerning the operation of the Company must be maintained confidentially and you expressly agree that you will not disclose or cause to be disclosed such confidential or proprietary information to third parties or the public, including through the use of social media or other digital outlets.
8. Authorization. I authorize the Company to use my picture and or voice including electronic images or pictures.
I hereby grant the Company and any subsidiaries, the right to use, publish, and reproduce, for all purposes, my name, picture of me in film and/or electronic video form, sound, or recordings of my voice, and printed electronic copy of the information described in 1 and 7 above in any and all media including without limitation any broadcast television and the Internet and for exhibition, distribution, or promotion. This permission will remain in force and shall continue forever unless I revoke the permission in writing. I hereby waive the right to any payment for signing this release and waive the right to receive any payment from the Company.
9. Behavior. I agree that I will use good behavior and judgement while participating and if I am requested to reschedule by the management that I will comply.
10. Medical Treatment. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
I the undersigned participant, affirm that I am 18 years or older I have read this document and understand it. I further understand that by signing this release, I voluntarily surrender certain legal rights. If I am under 18 years of age that my parent or guardian acknowledges by signing this release and rules and accepts full responsibility.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.