The Room Escape Games, LLC
RELEASE AND WAIVER AGREEMENT
For purposes of the acknowledgements under this Release and Waiver Agreement the term participant shall include the individual participating in the Activities (as defined herein) and any spectator to the Activities.
The activities and ancillary events promoted by The Room Escape Games, LLC (the “Activities”) may result in an injury, injuries, death, or property damage to the participant. The participant hereby acknowledges those risks and to the extent permitted by law, on behalf of the participant and the participant’s beneficiaries, heirs, executor, administrator and next of kin, hereby releases waives, discharges, and covenants not to sue The Room Escape Games, LLC, it officers, members, managers, promoters, employees, affiliates, business partners and the owner of the property housing the Activities (collectively ‘The Room Escape Games, LLC Parties” or singularly “The Room Escape Games, LLC Party”) for any and all claims, demands, actions or right of action, liabilities, bodily injuries (including paralysis and death), property damage or any and all other claims or damages as a result of the participant’s participation in the Activities. By signing or otherwise accepting this Release and Waiver Agreement the participant releases any and all claim, of whatever nature, present and future, as set forth above.
To the extent permitted by law, participant assumed full responsibility for any risk of bodily injury, death and property damages while participating in the Activities whether that damages is a result of the actions of the The Room Escape Games, LLC Parties or otherwise. Participant shall indemnify and hold the The Room Escape Games, LLC Parties harmless from any claim or cause of action from third parties including medical providers, resulting from participant’s participation in the Activities and agrees to reimburse each The Room Escape Games, LLC Party for reasonable legal fees and costs incurred by the The Room Escape Games, LLC Party arising out of such cause of action.
The participant acknowledges that the participant has inspected or has a clear understanding of the facilities, equipment and areas to be used for the Activities and is voluntarily participating despite the risk involved including but not limited to the risk of falls, injurious contact with other participants or actors, defective equipment, flying objects, falling, hazardous room conditions and hazards that may be posed by the The Room Escape Games, LLC Parties.
Participant understands and agrees that upon purchase of the right to participate in the Activities there will be no refund for the purchase under any condition.
The Room Escape Games, LLC retains the right to any photos, video or sound footage taken of the participant during the Activities the (“Audio Visual Product”). The participant grants The Room Escape Games, LLC the right to use the Audio Visual Product for The Room Escape Games, LLC’s marketing and promotional purposes.
Participant acknowledges that The Room Escape Games, LLC spends considerable time and resources to develop the puzzles and other intellectual property (the “Intellectual Property”) related to the Activities and the Intellectual Property is not known to the general public. Participant’s disclosure of the Intellectual Property to the general public will be detrimental to The Room Escape Games, LLC. The Room Escape Games, LLC agrees to allow participant access to the Activities in exchange for, among other consideration, the participant holding the Intellectual Property in strict confidence. The parties agree that upon breach of this provision by the participant, participant shall pay The Room Escape Games, LLC liquidated damages in the amount of $20,000.00 along with the reasonable attorney fees and costs of The Room Escape Games, LLC resulting from enforcement of this provision (the “Damages Amount”). The parties acknowledge that actual damages will be difficult to ascertain and the Damages Amount represents the parties’ best estimate of such damages.
For the safety of the participant and others, the participant agrees to abide by the “Game Rules” presented via a video. If the participant has any questions about the Game Rules they must ask a representative of The Room Escape Games, LLC prior to participating in the Activities. The participant acknowledges that The Room Escape Games, LLC may terminate the Activities at any time should any participant fail or refuse to abide by the Game Rules or otherwise fail to follow the instruction of a representative of The Room Escape Games, LLC. Upon such termination no participant shall have the right to a refund of any portion of the fee paid to participate in the Activities.
Participant acknowledges that the Activities are not recommended for individuals that are pregnant or have heart conditions, hypertension, claustrophobia, or similar condition. The Activities will require that you stand for at least one hour.
The participant shall be responsible for all damage resulting from the actions of the participant including but not limited to damage to the real estate were the Activities occur, damage to the props, equipment, and all other property of the The Room Escape Games, LLC Parties and the property of all other individuals as a result of the participant’s actions.
Policies and Procedures
Payment Policy: At the time of booking we capture and charge your credit card. In the event of a system error or issues with the successful processing of your payment method, your booking will be subject to cancellation for non payment. Email receipt of a "Paid" status invoice does not automatically grant you or anyone from your group entrance into one our escape rooms. Making a partial payment also will not guarantee your spot will be held. Full and successful clearing of your payment for desired services, is required prior to services being rendered.
Refunds/Cancellation Policy: This is a live event and we schedule our employees based upon the number of bookings because of this, participant understands and agrees that upon purchase of the right to participate in the Activities there will be no refund for the purchase under any condition, even with prior cancellation.
Late Policy: This is a live event and Game times are strict. We ask that you arrive at least 15 minutes prior to your booking time, to provide sufficient time for your game host to give you all necessary information. If you will be late for your booking, know that it will result in your game time being shortened.
Communication Policy: Contact information is requested at the time of booking for the purpose of communicating details needed to ensure the success of the booked event such as required arrival times. The Room is not responsible for the potential negative impacts caused due to communications not received as a result of incorrect email address inputs at time of booking.
Gift Card Policy: Gift Cards may only be redeemed In Person or By Phone 623-936-5524. Gift Cards may not be redeemed for cash. Gift card does not expire. To check your balance visit https://squareup.com/gift/05NRSXCX413D0/check-balance. Lost or stolen cards may not be replaced.
Belongings Policy: At The Room Escape Games, LLC we provide lockers, free of charge, for you and your group to place your belongings while you’re playing an escape room. However, The Room is not liable in the event items are misplaced, lost, stolen or damaged for any reason.
Injury Policy: Please note that there are certain inherent risks associated with playing an escape room and you will assume full responsibility for personal injury to yourself and (if applicable) your family members, and further release and discharge The Room Escape Games, LLC for injury, loss or damage arising out of you or your family’s use of or presence upon the facilities of The Room Escape Games whether caused by the fault of yourself, your family, The Room, LLC or other third parties. If you are in poor health or impaired by medical conditions that could be worsened using the The Room Escape Games facilities - you should not and will not be allowed to use our facilities as matter of precaution. You are also responsible for managing your own safety and, if in doubt, should consult a medical professional.
Medial Treatment: The Room Escape Games staff members are not trained medical professionals but will offer all reasonable assistance necessary if an emergency occurs. You authorize The Room Escape Games to take all steps that are reasonably necessary in the event of personal injury and you agree to cover any and all costs of emergency medical treatment and ambulance transportation.
Alcohol & Drug Policy: If you or any member of your group is under the influence of alcohol or any other mind-altering substances to the extent that you pose a risk to yourself, other game participants, game hosts, or game pieces, we reserve the right to refuse you or any member of your group entry into the escape room game. If we refuse you or any member of your group entry into the escape room game, a refund will not be issued.
Video Surveillance: The entire premises of The Room Escape Games is under recorded video surveillance. By entering the premises and/or participating in or engaging in any activities within our facility, you give The Room Escape Games consent to use video surveillance to assist with the game flow, monitor our facility, and to use against any claims for damages caused to the property or the facilities of The Room Escape Games by you or your party.
Photos/Video: When you allow The Room Escape Games or any personnel to take any individual or team photos, you consent for us to use these photos and/or videos for promotional purposes, including, but not limited to social media websites. If you do not wish to have your photograph used for promotional purposes, on our website, online, or for any other reason, you may deny being photographed.
Booking on Others' Behalf: When booking on behalf of another person, you agree that you make that purchase as the authorized agent of that person so that person shall be bound by the same Terms as you. All guests must sign to agree to the Terms and Conditions prior to entering the escape room.
Under 16: At least one paying adult over the age of 18 must accompany and supervise children under the age of 16 at all times. This acting guardian is responsible for, and will be held liable for, any and all child(ren) under his/her supervision and is bound by the Terms on each child’s behalf.
Change of Heart Policy: If you or any members of your group decide not to play a game prior to starting or within 15 min of starting, due to the fact that it is too frightening to complete a refund will not be issued. However, player may have the option to reschedule and make a second attempt to complete the same escape room Mon-Thursday. Please be reminded of our refund and cancellation policies.
Confidentiality: Unless given prior written permission from The Room Escape Games you agree not to disclose any videos, photos or any other business or technical information that The Room Escape Games considers to be confidential. For example but not limited to the game flow, elements used, disclosed to you directly or indirectly, in writing, orally or visually. Use of cell phones and other recording or photographing equipment is strictly prohibited within the facility.
Copyright: You may not use, copy, reproduce, modify, adapt, translate, publish, transfer, distribute or sell information related to The Room Escape Games (in whole or part) without prior consent from The Room Escape Games.
Personal Identification Information: We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, book a service, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain site related activities such as online purchase.
Non-Personal Identification Information: We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
How we use Collected Information: The Room Escape Games, LLC may collect and use Users personal information for the following purposes:
- To run and operate our Site
We may need your information to display content on the Site correctly.
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
How we Protect your Information: We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. We use and redirect to PayPal Secure Checkout so your payment information is protected.
Sharing your Personal Information: We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Your Acceptance of these Terms: By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Participant has carefully read the above Release and Waiver Agreement and understands the contents of the Agreement and signs this Release and Waiver Agreement as participant’s own free and voluntary act.
By signing or otherwise accepting this Release and Waiver Agreement the participant understands and acknowledges that in order to participate in the Activities or act as a spectator or bystander, an individual must be eighteen (18) years of age or older unless the individual’s parent or legal guardian has acknowledged and accepted this Release and Waiver Agreement on behalf of a participant under the age of eighteen (18) years of age.
If any provision of this Waiver and Release Agreement is found to be unenforceable it shall not invalidate the Agreement and the remaining provisions shall be enforced.
MINOR’S RELEASE: For all participants under eighteen (18) years of age a parent/legal guardian/adult assuming responsibility must sign the following acknowledgment.
The undersigned ________________________ (parent/guardian/responsible party) represents that he or she is the parent, legal guardian, or adult assuming responsibility of ______________________________ (minor participant’s name) and hereby acknowledges that he or she has executed the foregoing release and waiver agreement on behalf of the minor participant and agrees to bind himself or herself and the minor to the terms of the release and waiver agreement. The undersigned authorizes any licensed physician, emergency medical technician, or other trained medical professional to treat injuries to the minor participant.
WHEN REGISTERING ONLINE, THE ONLINE SIGNATURE SHALL SUBSTITUTE FOR AND HAVE THE SAME LEGAL EFFECT AS IF THE SIGNATORY HAD SIGNED A PHYSICAL COPY OF THE WAIVER AND RELEASE AGREEMENT.
PARTICIPATION WILL BE DENIED IF THE DATED SIGNATURE OF AN ADULT PARTICIPANT OR PARENT IS NOT RECEIVED AT THE TIME AND PLACE OF THE SCHEDULED ACTIVITIES.