RELEASE AND WAIVER
In consideration of my myself or my child’s (or children’s) participation in the Escape Room Activity (the “Activity”) owned and operated by Escape If You Can, LLC, and /or doing business as Tampa Bay Escape Room and/or its owners, agents, officers, representatives, employees, volunteers, affiliates, successors and assigns (hereinafter collectively referred to as “EIYC”), I, the below-signed Participant or parent or authorized guardian, for myself, my below-named child (or children), and for our heirs, successors, assigns, parents, next-of-kin, personal representatives and estate (hereinafter collectively referred to as “our Heirs”), agree as follows:
1. Release. In consideration of being able to participant, or below-named child (or children) being able to participate in the Activity, I, and our Heirs, release and discharge EIYC from all present and future liability for any claim, demands or causes of action arising from, or relating to, participation in the Activity, including, without limitation, all claims for physical or mental injury and any claims alleging negligent acts or omissions by EIYC.
2. Damaged Caused by Me. I assume and bear all risk and costs of any injury or damage I may cause or that my child (or children) may cause to other persons or property as a result of participation in the Activity. I also agree to reimburse EIYC at full retail value for any loss or damage of any kind that I cause or my child (or children) cause to the EIYC facilities or equipment, other than normal and expected wear and tear.
3. Attorney Fees/Venue/Waiver of Jury Trial. I agree that if EIYC is required to enforce this agreement, or to defend against an action brought by me or on behalf of my child (or children), or to defend an action brought against EIYC by third parties for damages caused by me or my child (or children), I will indemnify EIYC against, and hold EIYC harmless from the same, and I will reimburse EIYC for all related attorney fees and costs, including fees and costs through appeal and bankruptcy. I agree that any legal proceedings I institute against EIYC must be brought only in Pinellas County, Florida, and that the law of Florida will govern any such proceedings. Furthermore, I knowingly, intentionally, voluntarily, and irrevocably WAIVE THE RIGHT TO A TRIAL BY JURY for any action relating to this agreement or to my participation in the Activity. This waiver is a material inducement for entering into this agreement.
4. No False Imprisonment. I acknowledge that I or my child (or children) are not being trapped, restrained or imprisoned as part of the Activity, and that I or my child (or children) have the option to leave the Activity and the premises of EIYC at any time if desired. Simulated confinement is an inherent part of the Activity, and does not constitute actual confinement, or restriction of my movement or freedom.
I UNDERSTAND THAT BY VOLUNTARILY SIGNING THIS DOCUMENT, I AM GIVING UP CERTAIN VALUABLE LEGAL RIGHTS AGAINST EIYC FOR MYSELF AND MY CHILD (OR CHILDREN). I have fully read this document and understand the legal consequences, including my waiver of a right to a jury trial. I acknowledge that I have had an opportunity to ask questions regarding this Release and Waiver, and that I or my child (or children) have the ability to refuse to participate in the Activity if I do not agree to the conditions of this Release and Waiver.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
Pursuant to Florida Statues §744.301
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF EIYC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM EIYC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND EIYC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Name of Participant or Parent/Guardian (Please Print) Date
Signature of Participant or Parent/Guardian
Parental Authorization for Minor Child: I hereby certify that I am the parent or legal guardian for the below listed minor child (or children). I have read and understand this agreement, and I am aware of the risks involved for my child (or children) to participate in the Activity. I consent to my child’s (or children’s) participation, and accept all of the terms and conditions of this Release and Waiver on behalf of the listed minor(s). I have the authority and consent of any other parents or legal guardians to execute this agreement on behalf of the listed minor(s). I agree to supervise the listed minor(s), and ensure compliance with the safety rules and the terms of this Release and Waiver.
Child: 1. ________________________ (Age: ___) 2. ________________________ (Age: ___)
3. ________________________ (Age: ___) 4. ________________________ (Age: ___)