ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM
I hereby acknowledge that I have voluntarily agreed to participate in the FOX-N-OTTER, LLC Activity (herein referred to as Activity) located at 3749 Sweeten Creek Rd. Suite 2., Arden, NC 28704 (Premises) and I understand and assume all risks associated with participating in the Activity.
1) Releases liability in case of an incident,
2) Allows the use your recorded image,
3) Protects the intellectual and actual property of FOX-N-OTTER LLC.
Release of Liability: In consideration of participating in the Activity I represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe Activity conditions are unsafe, or if I am unfit for any component of Activity participation, I will immediately discontinue participating in the Activity. I fully understand that this Activity involves risks of physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death, which may be caused by my own actions, my own inactions, actions or inactions of others participating in the event, the conditions in which the event takes place, or the negligence of the Company named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs and damages I incur as a result of my participation in the Activity.
For the valuable consideration of being permitted to participate in the Activity, I and each of my heirs, personal representatives, guardians, conservators, agents, successors and assigns, HEREBY RELEASE AND HOLD HARMLESS the following persons and entities (these entities are collectively referred to herein as “the company”): (1) FOX-N-OTTER, LLC, a North Carolina Limited Liability Company, and its members, shareholders, officers, owners, employees, insurers, agents, volunteers, successors and assigns, and any of their affiliates, subsidiaries, respective members, members, shareholders, directors, officers, and related persons and entities, in their official and individual capacities; and (2) The property owner and landlord who leases the property to FOX-N-OTTER, LLC. I specifically release these entities from any and all liability, claims, demands, actions, causes of action (including but not limited to negligence), claims of relief, or injuries related to or arising from my being a participant in the Activity or my presence at the Company’s facilities.
I, and each of my heirs, personal representatives, guardians, agents, conservators, successors and assigns, agree: a) not to make a claim against or sue the Company or attach property of the Company; b) to waive any and all claims against the Company; and c) to defend, indemnify, and hold harmless the Company for injury, death, or property damage caused by, resulting from or in any way related to my being a participant in the Activity or FOX-N-OTTER LLC or otherwise resulting from my presence at the Company’s facility, whether or not such injury, death, or property damage was caused by the negligence of the Company or Company’s staff.
I understand that this is a full and complete release of all injuries and damages which I may sustain as a result of my participation in the Activity, regardless of the specific cause thereof. In the event I, or a representative on my behalf, take any legal action against the Company that is contrary to the terms of this release, I agree to be responsible for all attorney fees and costs the Company incurs in defending such legal action, including any ultimate verdict or settlement.
I am aware that the FOX-N-OTTER's Activity, among other things: Involves simulated confinement in a room or rooms, and the Activity is mentally intense, and may be physically intense. Involves risks associated with participation in the Activity, which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. May involve physical activity, including, but not limited to crouching, crawling, reaching, lifting, unusual uses of limbs, riding a stationary bike, or other activities and tasks which could raise a participants heart rate, result in injury, or result in a re injury of a previous injury. May involve variations in lighting, limited vision, darkness, the feeling of being in an enclosed space, feelings of pressure related to time constraints, exposure to laser lights, etc.
This list is provided for illustrative and informative purposes only and is not intended to be exhaustive or to in any manner limit the intended broad reach of this release. This agreement is governed by the laws of the State of North Carolina; if any provision is held invalid, it is agreed that the remaining provisions shall remain in full force and effect. I am aware and I understand that injuries or outcomes may arise from my own or others actions, inaction, or negligence; conditions related to travel; or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during the Activity. I have no physical or mental illness that precludes my participation in a safe manner for myself or others. I am not under the influence of drugs or alcohol which impairs my ability to maintain my safety awareness or endangers others.
Photo Release: I agree to allow the Company to photograph or videotape my participation in the Activity. I understand that the photography, videotape, and my name, image and likeness (collectively the pictures) may be used in promoting the Company and the FOX-N-OTTER Activity. Therefore, without reservation or limitations, I hereby give the Company permission to, without charge, use the Pictures in any manner and for any purpose at the discretion of the Company, including display on the Company’s website, on blogs, on social media, in multimedia presentations to any third party, and at events, and to reprint and distribute for any publication. I further acknowledge the Company owns all copyright and related rights in such photography, videotape and materials.
Acknowledgement of Ownership: I acknowledge that all elements of FOX-N-OTTER , including but not limited to the escape room concepts, storylines, layout, decoration and clues, are the exclusive property, intellectual and actual, of Fox-N-Otter, LLC, and I agree not to take any action inconsistent with FOX-N-OTTER , LLC’s ownership of such property.
I understand that I may choose not to participate in the FOX-N-OTTER's activity, including any collective or individual components of the activity, and in such case, I will immediately notify staff of my decision. I have read this agreement and understand I am giving up legal rights by signing it, and of my own free will am voluntarily signing it to release FOX-N-OTTER LLC of all liability.