OB-Xscape Rooms Waiver and Release of Liability Form
In exchange for participation in the activities offered by Optimumview Enterprises LLC d/b/a OB-Xscape Rooms (hereinafter referred to as “OB-Xscape Rooms”) at 1 Ocean Boulevard, Suite 109, Southern Shores, North Carolina 27949 and/or for the use of the property, facilities and services of OB-Xscape Rooms (hereinafter collectively referred to as the “Activities”), I agree for myself and for those members of my family for whom I am legally responsible, to the following:
- I HAVE RECEIVED SERVICES ON THE DATE LISTED FOR THE AMOUNT I AGREED TO PAY WHEN BOOKING THIS EVENT. THE CARD HOLDER MUST BE PRESENT TO SHOW A VALID IDENTIFICATION CARD AND THE CARD USED AT THE TIME OF SERVICE. IF CARD IS NOT PRESENTED AT CHECK IN, THEN CUSTOMER MAY PAY FOR THE BOOKING IN CASH AND A REFUND WILL BE CREDITED BACK TO THE CARD USED IN THE BOOKING TRANSACTION.
- OB-Xscape Rooms may place us in a series of rooms with other participants, and the participants will rely upon clues and puzzles to enable us to escape from each room in the series. Each room contains furniture and objects consistent with the theme of the room. In some rooms, the participants may be voluntarily handcuffed and/or blindfolded. I fully understand and acknowledge that (a) participation in the Activities may be emotionally demanding, create fear or claustrophobia, or result in inadvertent bodily injury; (b) risks and dangers exist and arise from participation in the Activities; and (c) the said risks and dangers may be caused by, among other causes, physical or psychological responses to the Activities, forces of nature, and/or the actions or inactions of myself and others. I hereby assume all risks and dangers and assume full responsibility for (a) loss of or damage to personal property belonging to myself and my family as a result of or arising from the Activities; and (b) personal injury to myself and my family members as a result of or arising from the Activities.
- I hereby release and discharge and agree to indemnify and defend OB-Xscape Rooms, its owners, employees, officers and agents, from and against any and all claims, causes of action, damages, judgments, costs or expenses, including attorneys’ fees and other litigation costs, which may in any way arise out of or from my or my family's use of or participation in the Activities.
- I agree to pay for all damages to the facilities of OB-Xscape Rooms caused by my or my family's negligent, reckless, or willful actions.
- Any legal claim that may arise from participation in the Activities shall be resolved under North Carolina law. I hereby submit to the jurisdiction and venue in the state and federal courts for Dare County, North Carolina.
- I give OB-Xscape Rooms the right to use any photographs or video/sound recordings create while I participate in the OB-Xscape Rooms’ activities for publicity, advertising, or marketing purposes. I acknowledge that the contact information set forth below is true and accurate to the best of my knowledge.
- I hereby grant permission for OB-Xscape Rooms to store my contact information for operational purposes only.
- I agree and acknowledge that I am under no pressure or duress to sign or agree to the terms and conditions of this Waiver and Release of Liability Form (hereafter referred to as the “Release”) and that I have been given a reasonable opportunity to review the Release before signing or agree to it. I further agree and acknowledge that I am free to have my own legal counsel review the Release if I so desire. I further agree and acknowledge that OB-Xscape Rooms has offered to refund any fees I have paid to use its facilities if I choose not agree to or sign this Release greater than 48 hours to reserved booking time.
I HAVE READ AND UNDERSTAND THE THIS RELEASE. I UNDERSTAND THAT BY SIGNING THIS RELEASE,
I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS AS SET FORTH ABOVE.
OB-Xscape Rooms' Waiver and Release of Liability Form was reviewed on May 17, 2017 by Andrew W. Howle, Attorney at Law at Hornthal, Riley, Ellis, & Maland, L.L.P. of Elizabeth City, NC 27909