In proper consideration and exchange for participation and/or admission in the activity of interactive entertainment (hereinafter the “Event”) organized by Rush Hour Escapes (hereinafter “RHE”. All references to RHE also refer to its owners, employees, representatives and/or agents.) and/or use of property, facilities and services of the same, I agree as set out below.
1. I agree to observe and obey all posted rules and warnings, and further agree to follow any written or oral instructions or directions given by RHE.
2. I recognize that there are certain inherent risks associated with the above-described activity and assume full risk and responsibility for personal injury and damages. I further release and discharge RHE for any injury suffered, or any loss or damage incurred, in connection with participation and/or admission in the Event, irrespective of fault.
3. I agree that I will not make purposeful physical contact with employees or representatives of RHE.
4. I agree to indemnify, hold harmless and defend RHE against all claims, including but not limited to all negligence claims, causes of action, damages, judgments, cost or expenses, including attorneys’ fees and other litigation costs, which may in any way arise in connection with or related to participation or admission in the Event.
5. I agree to pay for all damages to the facilities of RHE caused by my negligent, reckless, of willful actions.
6. Any legal or equitable claim that may arise from participation in the above shall be resolved under North Carolina law.
7. I agree and acknowledge that I am under no pressure, oppression or duress to sign this agreement and that I have been given a reasonable opportunity to review this agreement if I so desire. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire.
8. In the event that any ambiguity is found to exist in the interpretation of this agreement, or any of its provisions, all parties explicitly reject the application of any legal or equitable rule of interpretation which leads to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. The invalidity or unenforceability of any provision of this agreement, shall not affect the validity or enforceability of any other provision of this agreement or of any other application of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
10. I hereby waive any and all right to seek compensatory damages, lost profits, exemplary damages against RHE, and agree that any damages that I may suffer shall be limited to a refund of the admission fees that I have paid for my participation in the Event.
11. By signing this release form, I authorize RHE, to use the following personal information: 1) My picture – including photographic, motion picture, and electronic (video) images. 2) My voice – including sound and video recordings. I hereby grant to RHE, its subsidiaries, licensees, successors and assigns, the right to use, publish and reproduce, for all purposes, my name, picture of me in film and electronic (video) form, sound and video recordings of my voice, and printed electronic copy of the information described in sections (1) and (2) above in any and all media including without limitation, cable and broadcast television and the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meeting, hearings, educational conferences, and in brochures and other print media in connection with the advertisement and promotion of the Event and RHE. This permission extends to all language, media, formats, and markets now known or hereafter devised. This permission shall continue forever unless I revoke the permission in writing. I further grant RHE all right, title, and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant RHE the right to such materials for marketing, communications, or advertising purposes, as it deems fit. I hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for RHE’s use of, or any rights to inspect or approve, finished photographs, audio, video, multimedia, or advertising and copy printed matter or computer generated scanned images and other electronic media that may be used in conjunction therewith or to approve the eventual use to which it might be applied.
12. Confidentiality/Non-Disclosure. You acknowledge that during the course of your experience in the facilities of RHE you will learn certain information that must be maintained confidential in order to ensure the continued success of RHE and its operations. You further acknowledge that your disclosure of any such information to third-parties and/or the public, including through digital mediums and social media would result in irreparable harm to RHE. Based thereon, you agree that any and all information you may obtain concerning the operation of the facilities of RHE, including any “passcodes” or other information which is necessary to complete and participate in the experience provided by RHE must be maintained confidentially and you expressly agree that you will not disclose or cause to be disclosed such confidential or proprietary information to third-parties or the public, including through the use of social media or other digital outlets.
13. I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING DOCUMENT AND I FULLY UNDERSTAND THE CONTENTS HEREOF. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS ON BEHALF OF MYSELF AND/OR MINOR FOR WHICH I AM SIGNING.