ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
As consideration for being allowed to enter the Company’s facility and/or to participate in the Game Activity of Escape Room 601, LLC d/b/a 601 Escape Rooms, a limited liability company, together with the Company’s members, managers, representatives, affiliates, designers, vendors, lessors, and their respective successors and assigns (“Company”), the undersigned, on his or her own behalf, and/or on the behalf of the Participant(s) identified below, acknowledges, appreciates, understands, and agrees to the following:
1. AUTHORITY: I represent that I am the Participant and, that I am of legal age or have the capacity to execute this document,or that I am the parent or legal guardian of the Participant(s) named below and that I have authority to execute this agreement on behalf of the Participant(s).
2. VOLUNTARY PARTICIPATION. I understand that the Participant(s) is/are voluntarily participating in a game and/or activity that includes, without limitation: simulated confinement in a room or rooms, variations in lighting, limited vision, darkness, crouching, crawling, reaching, lifting, unusual uses of limbs, feelings of being in an enclosed space, feelings of pressure related to time constraints, exposure to laser lights, and activity that could raise a participant’s heart rate (“Game Activity”).
3. FITNESS. I represent that I understand the nature of the Game Activity and that the Participant(s) is/are qualified, in good health, and in proper physical condition to participate in such Game Activity. I acknowledge that if I believe the Game Activity conditions are unsafe, or if the Participant is unfit for any component of the Game Activity participation, I will immediately discontinue participating in the Game Activity.
4. RULES, INSTRUCTION, AND POLICIES. I agree that the Participant(s) named, and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any Game Activity or other event at the Company.
3. ASSUMPTION OF RISK. I understand and acknowledge that the Game Activity, including supervisory participation, involvesknown and unknown risks, including inherent risks and other risks of injury and death which include, without limitation, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, paralysis, emotional loss, and economic loss or property damage. I hereby knowingly and willingly assume the risks associated with the Game Activity, including the risks of injury and death, whether caused by the Participant’s own actions or inactions, or those of OTHER PARTICIPANTS, and whether those risks are known to me or not readily foreseeable at this time including risks that occur from any instructions, clues, misuse of equipment, equipment malfunctions, or tripping or falling. This knowing and willful assumption of risks also includes those risks caused by the negligence of the Company.
4. RELEASE AND WAIVER. I, for myself, and/or the Participant(s) named, our heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the Company and anyone in privity with it, including but not limited to each and all of its, heirs, devisees, agents, members, insurers, employees, representatives, parent, affiliate or subsidiary corporations, successors, and assigns who may in any manner be liable therefor (sometimes hereinafter collectively referred to as “Released Parties”) from any and all claims, demands, damages, actions, causes of action and suits for damages, costs, losses and expenses of every kind or nature whatsoever, whether known or unknown, anticipated or unanticipated, both to person and property arising from participation in the Game Activity, including supervisory participation, except from those arising from the gross negligence or willful misconduct of the Company.
5. DEFENSE AND INDEMNIFICATION. I also agree to defend and indemnify the Company and anyone in privity with it, including but not limited to each and all of its, heirs, devisees, agents, members, insurers, employees, representatives, parent, affiliate or subsidiary corporations, successors, and assigns from any and all claims, demands, damages, actions, causes of action and suits for damages, costs, losses and expenses of every kind or nature whatsoever, whether known or unknown, anticipated or unanticipated, both to person and property, arising from the Participant’s participation in the Game Activity, including supervisory participation by the undersigned, or from other actions or inactions of the Participant and/or undersigned.
6. DAMAGES. I fully accept all responsibility for losses, costs and damages I incur as a result of my participation in the GameActivity. I also agree to pay for all damages to the facilities and equipment of the Company as well as to OTHER PARTICIPANTS, caused by the negligent, reckless, or willful actions of the Participant and/or the undersigned. I understand these include, without limitation, reimbursement of the fees and expenses of attorneys, expert witnesses, and for Company’s participation in any proceedings, including serving as witnesses and preparing for trial.
7. LICENSE. I agree to allow the Company to photograph or videotape my participation in the Game Activity. I understandthat the pictures may be used in promoting the Game Activity and Company. Therefore, without reservation or limitations, Ihereby give the Company permission to, without charge, use the photography or videotape at the discretion of the Company,display the photography or videotape on the Company’s website, social media, blog, at an event, or in a multimedia presentation,and to reprint and distribute for any publication with copyright to accompany the photograph or videotape when used.
8. VOLUNTARY EXECUTION: I understand the contents of this agreement and am under no pressure or duress to sign this Agreement and I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire.
9. LAW AND VENUE: I acknowledge this agreement is governed by the laws of the State of Mississippi, without reference to choice of law provisions. ADDITIONALLY, I AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS OF MADISON COUNTY, MISSISSIPPISHOULD ANY CLAIM ARISE AGAINST THE COMPANY AND I FURTHER AGREE THAT ALL DISPUTES, CLAIMS AND CONTROVISIES BETWEEN THE PARTIES SHALL BE PURSUED IN A COURT OF COMPETENT JURISDICTION IN MADISON COUNTY, MISSISSIPPI.
10. ATTORNEYS’ FEES; EXPENSES: In the event Company is forced to pay someone to enforce any provision of this agreement, it will be entitled to recover the attorneys’ fees, costs, and legal expenses incurred.
11. GENERAL PROVISIONS.
a. I understand this agreement is binding upon my heirs, executors, administrators, personal representatives, guardians, conservators, agents, successors, and assigns.
b. If any provision in this Accident Waiver and Release of Liability is held to be invalid, it is agreed that the remaining provisions shall remain in full force and effect, and this agreement will be enforced to the greatest extent allowed bylaw.
c. The Accident Waiver and Release of Liability and each of its terms are the product of an arms’ length negotiationbetween the parties. In the event any ambiguity is found to exist in the interpretation of this document, or any of its provisions, the parties reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party.
d. An electronic copy of this agreement shall be deemed to be an original.
e. This agreement shall constitute the entire agreement of the parties and any prior agreement is superseded.
f. The headings are for convenience of reference only and shall not to have any effect.
I INTEND THIS DOCUMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, AND I REPRESENT THAT I HAVE VOLUNTARILY SIGNED IT WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE.
I CERTFIY 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.