Consent & Liability Waiver Form
I am 18 years old or older.
Lost Games requires the parent or legal guardian of any minor to sign below.
I am NOT currently intoxicated on alcohol and/or drugs.
Lost Games reserves the right to refuse entry to anyone who it believes is under the influence of alcohol and/or drugs.
Current Health. The Experience may involve stressful situations and/or strenuous physical activity. I believe I am physically and mentally capable of participating in the Experience. I am in good physical, emotional, psychological and mental health (collectively, my “Health”). I am not pregnant. I do not have a heart condition or significant Health concern. I am solely responsible for determining my Health. I understand that not being truthful about my Health could lead to serious complications or even death.
Emergencies. If I do not feel well before, during, or after the Experience, and particularly if I suffer any Health concerns, I will immediately call 911.
Escape Button. If I do not feel well during the Experience, I understand that at any time, I may press an escape button located in the Locked Room, and Lost Game’s staff will (as soon as is reasonably possible) open the Locked Room and allow me to leave.
Caution & Rules. I will exercise reasonable due care and caution in engaging in the Experience. I will obey all rules and warnings and follow any written or oral instructions given by the Lost Games staff. Among other things, I will not touch Lost Games staff or other patrons.
Physical Touching; Special Effects. During (and as part of) the Experience, I may be physically touched by Lost Games’ staff, and I hereby grant permission for them to do so. The Experience may involve the use of costumes, makeup, flashing lights, strobe lights, tight spaces, colors, smoke, and smells, and I am not sensitive to the same. I understand that I might not be visually supervised at all times.
Confidentiality. During the Experience, I will learn information that must be kept confidential in order to ensure the enjoyment of the Experience for future patrons and continued success of Lost Games. I will not disclose such information to the public, including via social media, as that would result in irreparable harm to Lost Games and the public.
The Experience may be photographed, videotaped, visually monitored, and/or recorded in various media. By entering the Locked Room and participating in the Experience, I am giving Lost Games irrevocable permission and license, world-wide, to use and publish my name, likeness, and voice in any format, any medium (including internet, social media, television, radio, and newspaper), for any lawful purpose (e.g., advertising and marketing), without compensation.
As consideration for entering in and engaging in the Lost Games Experience (the “Experience”) in the relevant room(s) (the “Locked Room”), on behalf of myself, my personal representatives, assigns, heirs, and next of kin:
Assumption of Risk. I recognize that there are certain inherent risks associated with the Experience, including possible risks to my Health. I fully understand the nature of those risks. I assume all such risks.
Liability Waiver. I accept responsibility for any and all damages which I might incur as a result of my engaging in the Experience. I hereby release, discharge, and covenant not to sue (1) Lost Games, (2) its members, managers, agents, employees, contractors, sponsors, advertisers, and family members of the same, and (3) the owner of the physical premises (collectively, the "Releasees") from any and all liability, claims, demands, losses, injuries, death, or damages, in law or equity, in contract or tort, arising during or caused by my participation in the Experience, including if the same involves the negligence of a Releasee (but not his/her gross negligence or willful misconduct).
Indemnity. I agree that if, despite this assumption of risk and waiver of liability, I make a claim against a Releasee, I hereby indemnify, save, and hold harmless each Releasee from any loss, liability, damage, litigation expenses, attorneys’ fees, experts’ fees, or costs which may be incurred as the result of such claim
Release of Legal Rights. I understand that by signing below, I have given up substantial legal rights. I have signed this freely and without any inducement. I intend for this to be a complete and unconditional release of all liability to the greatest extent permitted by applicable law. If any portion of document is held to be invalid, (i) the Court shall modify the relevant provisions to give maximum effect to this waiver and release, and (ii) all other provisions shall continue in full force and effect. I agree that this form should not be construed for or against the drafting party, but interpreted neutrally and by its plain language. This is a legal document governed by Nevada law.
Customer Options. I have the option to consult with an attorney prior to participating in the Experience. I have the option to not participate in the Experience if I disagree with a statement above, in which case I will receive a full refund of any amounts which I have already paid.
Lost Games reserves the right to refuse entry to anyone who disagrees with any of the statements above.