WAVIER AND RELEASE OF LIABILITY

In consideration of the risk of injury while participating in Escape Room 831 Escape Games (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Escape Room 831 Inc, located at 599 Lighthouse Avenue, Monterey, California 93940, 765 Wave Street, Suite A-2, Monterey, California, 93940,  and 700 Cannery Row Suite DD, Monterey, California 93940 their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns, for any injuries, including but not limited to illness, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

I acknowledge that this activity may involve a test of a person’s physical and mental limits and may carry with it potential risks. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event.

In the event of damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This includes paying reasonable retail value for any and all damage immediately.

I agree to indemnify and hold harmless Escape Room 831 Inc against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or anyone else acting on my behalf. If Escape Room 831 Inc incurs any of these types of expenses, I agree to reimburse Escape Room 831 Inc.

I acknowledge that Escape Room 831 Inc and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Escape Room 831 Inc.

I agree to respect the privacy and intellectual property of Escape Room 831 Inc Rooms, Designs, Puzzles, Storylines and Operations of the company and to keep those details secret. I agree not to publish in any way, specific information or details about the rooms, puzzles, or games. I agree not to take any photo(s) or video(s) of any of the escape rooms. In the event that it is discovered such actions have taken place I agree that Escape Room 831 Inc staff may confiscate my device for as long as it takes to ensure full deletion of such photo(s) and video(s) is/are completed and is not responsible for any damages to my device.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE ESCAPE ROOM 831 INC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ESCAPE ROOM 831 INC FOR PERSONAL INJURY OR PROPERTY DAMAGE. TO THE EXTENT THAT STATUTE OR CASE LAW DOES NOT PROHIBIT RELEASES FOR NEGLIGENCE, THIS RELEASE IS ALSO FOR NEGLIGENCE ON THE PART OF ESCAPE ROOM 831 INC, ITS AGENTS, AND EMPLOYEES.

In the event that any provision contained within this Release of Lability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.

I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.