Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement with Parental Consent (“Agreement”)

PLEASE READ THIS DOCUMENT CAREFULLY.

In consideration for being permitted in the Escape Rooms and the related activities (collectively, “activity”) conducted by and at 13th Gate Escape.  Midnight Productions and 13th Gate Escape RESERVES THE RIGHT TO REFUSE ENTRY INTO THE FACILITY IF THE EMPLOYEES OR STAFF BELIEVES THAT PARTICIPANTS COULD CREATE A RISK OF HARM TO THEMSELVES OR OTHER PARTICIPANTS.

I ACKNOWLEDGE, agree, and represent that I understand the nature of the activity and that I am qualified, in good health, and in proper physical and emotional condition to participate in such activity.  I further agree and warrant that if, at any time, I believe the conditions to be unsafe, or if I am unfit for any component of activity participation, I will immediately discontinue participating in the activity.

I FULLY UNDERSTAND that: (a) THE ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, (including: physical, psychological, emotional or other injuries), pain, suffering, illness, permanent disability, paralysis, and death(“Risks”); (b) these risks and dangers may be caused by my own actions, inactions, negligence, conditions related to travel, or the condition of the premises, the actions or inactions of others participating in the activity, the conditions in which the activity takes place, or the negligence of the releasees named below; and (c) there may be other risks or social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation, or that of the minor named below, in the activity, including travel to, from and during activity.

I am aware that the activity involves: simulated confinement in a room(s), mentally intense situations and may be physically intense and induce stress.  Physical activity may include, but not limited, to standing, bending, reaching, lifting, limited vision, variations of lighting, feelings of pressure, enclosed space, constraints, exposure to laser lights, etc. This list is not intended to be an exhaustive list of all exposures that may incur in an activity. I acknowledge that I have been informed by 13th Gate Escape that if I have any health limitation then I may choose not to participate in the Activity and a full refund will be provided.

I and each of my heirs, personal representatives, guardians, conservators, agents, successors and assignees, agree to AGREE TO HOLD HARMLESS, INDEMNIFY AND COVENANT NOT TO SUE, AND HEREBY RELEASE AND DISCHARGE, Midnight Productions AND 13th Gate Escape, its owners, administrators, directors, managers, agents, officers, members, volunteers, employees, participants, officials, insurers, affiliates, successors and assigns, in their official and individual capacities, and owners and lessors of the premises on which the Activity is conducted (each of the forgoing shall be considered one of the “releasees” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE ACTIVITY, INCLUDING THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE (BUT EXCLUDING THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY RELEASEE).

I WILL NOT use any electronic devices such as cell phones during gameplay.

I WILL NOT use any device for photography or audio/video taping.

I WILL NOT use violence or excessive force for any part of the game.

I WILL NOT climb on any props, tables, beds or any other items.

I WILL NOT disturb any cameras or microphones in the room.

I WILL NOT use any personal items during gameplay.

I WILL NOT smoke, vape or use lighters/open flames in the facility.

I WILL NOT leave the game room with any items from the game.

I WILL NOT ruin the game by sharing puzzles with others [including social media].

I ADDITIONALLY PERMIT 13th GATE ESCAPE TO PHOTOGRAPH OR VIDEOTAPE MY PARTICIPATION IN THE ACTIVITY, INCLUDING SOUND AND/OR VIDEO RECORDINGS. I GIVE 13th GATE ESCAPE ALL RIGHTS TO MARKET, PUBLISH, REPRODUCE (IN ANY AND ALL MEDIA), AND OTHERWISE USE THE RECORDINGS WITHOUT MY PERMISSION.

COVID-19 RELEASE: 

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Midnight Productions, LLC & 13th Gate Escape have put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you will not become infected with COVID-19. Further, attending could increase your risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at 13th Gate Escape may result from the actions, omissions, or negligence of myself and others, including, but not limited to participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at 13th Gate Escape or participation in the attractions (“Claims”). On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Midnight Productions, LLC & 13th Gate Escape , it’s employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Midnight Productions, LLC & 13th Gate Escape, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Midnight Productions, LLC or 13th Gate Escape attraction. 

I have read the above, considered its effects, understand its content, and agree, on behalf of myself and/or my child/ward, to the terms as stated above. This agreement specifically contains an indemnity agreement whereby I agree to reimburse the releasees against any damages (including attorney’s fees and costs) incurred as a result of any lawsuit, claim, or action brought by myself, my child/ward, or any other party, related in any way to me or my child’s/ward’s use of the 13th Gate Escape facility. I further understand that no person has permission to use the 13th Gate Escape facility without an effective and validly signed release and parental/guardian Waiver of Liability.

I understand that I am voluntarily giving up me and or my child’s/ward’s right to bring a lawsuit or claim against the above‐mentioned releasees. I further understand and accept the above risks related to these activities.