Please review the text thoroughly before signing.
MIND TWIST
ASSUMPTION OF RISK AND WAIVER OF LIABILITY
I am the person whose name is in the box below and I am voluntarily signing this ASSUMPTION OF RISK AND WAIVER OF LIABILITY and acknowledge the following points:
- I understand that I am not going to be permitted to participate in any Mind Twist activities without agreeing to these terms.
- I understand that I will be attempting to escape from a locked room which may include, but is not limited to: confinement in small rooms; mental stress and anxiety; failure to escape in the permitted time; and physical activity including crouching, kneeling, climbing, crawling, and lifting in rooms with differing lighting conditions, including possible total darkness.
- I understand that while Mind Twist Escapes has made every effort to ensure a safe environment, I am fully responsible for my own safety.
- I am healthy and have no physical or mental illness that could be agitated or exacerbated by participating in the escape room activity
- I am not under the influence of drugs or alcohol which impairs my ability to maintain my safety awareness or endangers others.
- I understand that I can leave the game at anytime, however, if I leave, I will forfeit the game and will not receive a refund.
- I understand and agree that in the event that I break, deface, or destroy any part of Mind Twist’s premises or activities, I will be responsible for paying for the same--with the extent and cost of the damages to be determined by Lillo LLC dba Mind Twist at its sole discretion.
- i understand that my activities within the Mind Twist Escapes environment are being recorded and consent to the same by signing this Waiver.
- I understand that the puzzles and activities I will be participating in are the intellectual property of Lillo LLC dba Mind Twist and I agree not to copy, steal, or otherwise infringe the rights associated with the same.
In light of the above statements, I am signing below to indicate that I AM ASSUMING ALL RISKS ASSOCIATED WITH PARTICIPATING IN MIND TWIST ACTIVITIES.
Furthermore, I HEREBY WAIVE, RELEASE AND DISCHARGE LILLO LLC dba MIND TWIST (AND ITS RELATED PERSONS AND/OR ENTITIES) FROM ANY AND ALL LIABILITY--including, but not limited to, liability arising from the negligence or fault of the entities or persons released (Lillo LLC dba Mind Twist), for my death, disability, personal injury, property damage, property theft, or actions of any kind which may occur to me.
I will indemnify and hold harmless Lillo LLC dba Mind Twist (and its related persons and/or entities), collectively and individually, from any and all losses, liabilities, damages, demands, costs, causes of action and expenses that they may incur, for any reason whatsoever, which may arise as a result of my participation in the Mind Twist activity, and my presence in, upon or about Mind Twist’s premises to the extent that such are not the result of Lillo LLC dba Mind Twist’s own negligence.
ARBITRATION AGREEMENT
Any dispute between me and Lillo LLC dba Mind Twist regarding the construction, application or performance of any services under this ASSUMPTION OF RISK AND WAIVER OF LIABILITY and any claims arising out of or relating to it, shall be submitted to binding arbitration before a single arbitrator upon the written request of either party after the service of that request on the other party without resort to the courts. I agree to voluntarily forego the right to a jury trial or bench trial. This self-executing arbitration agreement is made pursuant to and shall be governed both procedurally and substantively by and interpreted under the Federal Arbitration Act (9 U.S.C. § 1, et seq. the “F.A.A.”) to the exclusion of any inconsistent state law, regulation, judicial decision or arbitration service rule. The award of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, enforceability, formation, execution, estoppel and waiver and all other issues based on, arising out of or related to this agreement to arbitrate, including without limitation any claim that all or part of this agreement to arbitrate is unconscionable, void or voidable. To the extent not inconsistent with the F.A.A., the arbitration shall be heard and determined through and under the rules of JAMS Dispute Resolution, located in the County of Clark, State of Nevada and applying the laws of the State of Nevada.
PARENTAL CONSENT (if applicable)
I am the legal guardian of the individual(s) below identified as minor(s) (“Minor”). In exchange for allowing Minor to participate in the Mind Twist experience, I agree to personally guarantee the Minor’s obligations to Lillo LLC dba Mind Twist under the ASSUMPTION OF RISK AND WAIVER OF LIABILITY above. I further personally guarantee Minor’s full performance of the terms and conditions thereof, and waive all liabilities described above and release and discharge Lillo LLC dba Mind Twist from the same on Minor’s behalf.