RELEASE AND WAIVER

To: AR3 Entertainment, LLC, a California limited liability company, doing business as Rage Room Fresno (“Rage Room”), and all Rage Room directors, officers, employees, guides, agents, representatives, volunteers, independent contractors, sponsors, successors and assigns and Xcape Room Fresno (collectively the “Releasees”).

In consideration for my being allowed to use the services, equipment, and facilities of the Rage Room, I, for myself and for each minor for whom I am parent or guardian (collectively “I”, “me”, or “my”), hereby acknowledge and agree to the following terms and conditions:

ASSUMPTION OF RISK

I hereby acknowledge, accept and agree that the use of or participation in Rage Room related activities, as well as the use of the Rage Room’s services, equipment, and facilities, are inherently dangerous, and may result in physical injury.   I am aware that the Rage Room and Rage Room services involves unusual risks, dangers and hazards including, but not limited to: accidents which may occur in the facility; slips and falls; malfunction of the equipment used; injury and open wounds; shock, stress or other injury to the body while participating in or using the Rage Room; NELIGENCE ON THE PART OF RELEASEES.  I UNDERSTAND THAT NEGLIGENCE INCLUDES, WITHOUT LIMITATION, FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD AND PROTECT ME FROM RISKS, DANGERS AND HAZARDS of the Rage Room.  I acknowledge that the Rage Room and rage room sessions may result in injury, worsening of an existing medical condition, or death.  I freely accept and fully assume all such risks, dangers and hazards and the possibility of injury, death, property damage or loss resulting therefrom.

MEDICAL CONDITION

My participation in the Rage Room, Rage Room services and related activities may place unusual stresses on the body and is not recommended for persons suffering from asthma, epilepsy, cardio disorders, respiratory disorders, hypertension, skeletal, joint or ligament problems or conditions, and certain mental illnesses.  Women who are pregnant or suspect they are pregnant and persons who have consumed alcohol, drug (including, but not limited to marijuana, prescription medicine or illegal drugs) or are otherwise intoxicated are not recommended to engage in rage room sessions.  I certify that neither I nor any minors for whom I am a parent or guardian have any medical or physical conditions that interfere with the ability to safely engage or use the Rage Room, or that I am willing to assume and bear the costs of all risks created, directly or indirectly, by such condition(s).  I have been advised to consult with my medical practitioner if I have any concern about my medical condition or the fitness to engage in the Rage Room, or the medical condition or fitness to engage of any minor for whom I am responsible.

RELEASE OF LIABILITY AND WAIVER OF CLAIMS 

I have received full information regarding Rage Room’s services, equipment, and facilities and have had the opportunity to ask any questions that I had regarding the same.  I have full knowledge of the nature and extent of all the inherent risks associated with Rage Rooms and the services, equipment, and facilities used in Rage Rooms and related activities at Rage Room, which may include but are not limited to:

1. Any and all manner of injury, including without limitation the possibility of serious injury or death, resulting from any of the services, equipment, and facilities of the Rage Room, including without limitation, slipping or tripping on debris and hitting the floor, equipment, weapons, people or debris, whether permanently or temporarily in place, failure to wear protective gear, flying debris or any other consequence whatsoever of utilizing Rage Room’s services, equipment, and facilities;

2. Injuries resulting from the actions or omissions of others, including but not limited to slips, trips and falls of other participants and flying debris;

3. Cuts and abrasions resulting from skin contact with damaged items, debris, or any other surface, person, or equipment;

4. Injuries resulting from shock, stress or another injury;

5. The aggravation or worsening of any existing medical condition;

6. Failure or misuse of safety gear, weapons, or any other items or equipment;

7. Failure to follow the Rage Room’s rules and instructions or failure to ask for information or assistance;

8. Any injury that may occur while moving on or about the premises for any reason, including but not limited to slips, trips and falls, and any and all inherent risks of the use of or participation in a rage room, and the services, equipment and facilities used in rage rooms and related activities at Rage Room.

I further acknowledge that the above list is not inclusive of all possible inherent risks associated with the use of Rage Room’s services, equipment, and facilities, and I agree that such list in no way limits the extent or reach of this Release and Waiver.  I understand and agree that the Releasees, Rage Room and its personnel or staff reserves the right to deny access to its facilities to any individual, permanently or for a specified period of time, for any breach of Rage Room’s policies, rules and regulations, for any conduct that is viewed as unsafe or inappropriate, or for any other reason whatsoever, whether disclosed or not. 

In consideration of my use of the Rage Room’s services, equipment, and facilities, and/or participation in any program, competition, special event, group or party offered by or held at the Rage Room, I hereby WAIVE ANY AND ALL CLAIMS AND RELEASE AND DISCHARGE THE RELEASEES from any and all liabilities, suits, claims, injury (including death), demands, damages (including attorneys’ fees and expenses), losses or costs of any nature whatsoever incurred by me, or that are in any way related to me or my next of kin, or arising out of the use or intended use of Rage Room, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, PERSONAL INJURIES, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE ON THE PART OF THE RELEASEES.  I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE RAGE ROOM.

INDEMNIFICATION

I hereby agree to HOLD HARMLESS AND INDEMNIFY THE RELEASEES, from and against any and all liabilities, suits, claims, actions, demands, property damage, judgment, settlements, losses, costs, or expenses of whatever kind, including attorneys’ fees, fees and costs of enforcing any right to indemnification under this Release and Waiver, and the cost of pursuing any insurance providers, incurred by/awarded against the indemnified party arising out of or resulting from any claim of a third party resulting from, in connection with, or otherwise related to my participation and use of the Rage Room.  

PHOTO/VIDEO RELEASE

While using Rage Room’s services, equipment, and facilities, I consent and grant the Rage Room and Releasees the right to make, use, reproduce, publish, assign, and/or distribute photographs, video, and/or sound recordings of me taken or recorded in the course of my participation and use of the Rage Room, in any materials it may create or authorize for advertising, promotional and/or marketing purposes.  Additionally, the Rage Room and Releasees may add my email address to their mailing list for Rage Room’s updates and promotions.

MISCELLANEOUS

This Release and Waiver shall be effective and binding upon my heirs, next of kin, executors, administrators, successors and assigns.  By signing this Release and Waiver, I waive the right to bring a court action to recover damages or obtain any other remedy for any injury to myself or death, or any damages to my property, however caused, arising out of my use of or movement in or throughout the Rage Room’s services, equipment, and facilities, now or any time in the future, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including Rage Room.  I agree to pay for any and all reasonable attorneys’ fees and expenses incurred by the Releasees and Rage Room as a result of any claims made by me or on my behalf in contravention of this Release and Waiver.  This Release and Waiver and any rights, duties and obligations between the parties to this Release and Waiver shall be governed by and interpreted solely in accordance with the laws of the State of California.  I agree that the validity and enforceability of this Release and Waiver will be governed by the laws of the State of California, without regard to its conflict of law rules, and venue for any proceedings regarding this agreement shall be in the state courts located in Fresno County, California.  I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

I am at least 18 years of age and legally competent to sign this agreement.  If I am under the age of 18, this release must also be signed and filled out below by my parent or guardian.  My participation in this activity is purely voluntary, and I elect to participate in spite of the risks described herein.  In entering into this Waiver and Release, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the Rage Room, other than what is set forth in this Waiver and Release.  I fully understand that there are no refunds under any conditions once I purchase my fee for the Rage Room. 

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AND WAIVER I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASES.  MY ELECTRONIC SIGNATURE SHALL SUBSTITUTE FOR AND HAVE THE SAME LEGAL EFFECT AS IF I HAD SIGNED THE RELEASE AND WAIVER.

PARENT’S ADDITIONAL ASSUMPTION OF RISK, RELEASE, AND INDEMNIFICATION TO BE READ AND SIGNED BY PARENT OR LEGALLY APPOINTED GUARDIAN OF MINOR

I, as parent and/or guardian with legal responsibility of the minor (“Minor”), has carefully read, understood and voluntarily agree to each of the provisions contained in the Release and Waiver on behalf of myself and my Minor.  I further acknowledge that each of the provisions in the Release and Waiver shall be effective and binding upon me and any other releasing parties.  This is to certify that I, as parent and/or guardian with legal responsibility for the Minor, have read and explained the provisions of this Release and Waiver to my Minor, including the risks and responsibilities and the Minor’s responsibility to adhere to the rules and regulations for the Rage Room.  Furthermore, the Minor understands and accepts these risks and responsibilities.  I, for myself, my spouse, and Minor do consent and agree the Minor’s release provided above for all the Releasees and myself, my spouse, and Minor do release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to the Minor’s involvement, participation or use in the Rage Room, as provided above, EVEN ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.  

ELECTRONIC SIGNATURE CONSENT

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper.  You have the right to request that you sign a paper copy instead.  By checking here, you are also waiving that right.  After consent, you may within thirty (30) days from your signature date, upon written request to us, obtain a paper copy of an electronic record.  No fee will be charge for such copy.  Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature.  There is no penalty for withdrawing your consent.