MIND FACTORY ESCAPE GAMES LLC
ACCIDENT WAIVER AND RELEASE OF LIABILITY
[THIS CONTRACT CONTAINS A MANDATORY ARBITRATION CLAUSE]
Executive Order No. 7ZZ, issued by Connecticut Gov. Ned Lamont on June 16, 2020, allows certain “places of public amusement” to reopen for business on June 17, 2020, subject to certain Rules for Gatherings and Venues of the Connecticut Department of Economic and Community Development. By participating in the escape room facility operated by Mind Factory Escape Games LLC, I acknowledge that I am familiar with these rules, that I will do everything possible to ensure that all participants named below engage in social distancing during such participation, that their participation is knowing and voluntary, and that the indemnity provisions in this Waiver and Release of Liability will apply in the event that any participant contracts any illness or communicable disease as a result of their participation.
IN CONSIDERATION FOR ALLOWING THE UNDERSIGNED (“PARTICIPANTS”) TO PARTICIPATE IN THE ESCAPE ROOM FACILITY OPERATED BY MIND FACTORY ESCAPE GAMES LLC, I, FOR MYSELF, MY FAMILY MEMBERS, MY EXECUTORS, MY HEIRS AND MY SUCCESSORS AND ASSIGNS HEREBY ASSUME ALL OF THE RISKS OF THEIR PARTICIPATION (AND THOSE OF ANY MINOR CHILDREN NAMED BELOW (“PARTICIPATING MINORS”)) AND AGREE TO INDEMNIFY, HOLD HARMLESS MIND FACTORY ESCAPE GAMES LLC, each of its owners, members, managers, affiliates, vendors, suppliers, landlords, contractors, employees and agents (collectively, the “Released Parties”), from and against any claim I, my spouse, any Participant or any Participating Minors or their parents and guardians (other than myself) may have arising out of participation in any escape room and other activities sponsored by Mind Factory Escape Games LLC or conducted at their facilities in Bridgeport, Connecticut (the “Escape Room Facility”), as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE each of the Released Parties from any and all liability, including but not limited to liability arising from the negligence, fault or strict liability in tort, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, my spouse, any Participant or any Participating Minor while participating in activities at the Escape Room Facility, including but not limited to traveling to and from the Escape Room Facility.
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE any of the Released Parties from any and all cost, expense, liability or claim I, my spouse, any Participant or any Participating Minor have or may have in the future as a result of participation in any escape room and other activities sponsored by Mind Factory Escape Games LLC or conducted at the Escape Room Facility.
I certify that each Participant is physically fit for participation in escape room and related activities and (if an adult) to supervise and control any Participating Minors, and I certify that there are no health-related reasons or problems which preclude my, my spouse’s, any Participant’s or any Participating Minor’s participation in these activities, including but not limited to depression, anxiety attacks and claustrophobia. I understand that, if I am a Participant, I will be acting “in loco parentis” for any Participating Minor participating in activities at the Escape Room Facility, and hereby accept and assume responsibility accordingly.
I acknowledge that this Accident Waiver and Release of Liability Form will be used and relied upon by the Released Parties, and that it will govern each Participant’s actions and responsibilities (including myself if I am a Participant), and the actions of any Participating Minor, while participating in escape rooms and other activities at the Escape Room Facility. I acknowledge that management reserves the right to ask any Participant or any Participating Minor to leave the Escape Room Facility at any time and for any reason.
I acknowledge that Released Parties are NOT responsible for the errors, omissions, acts, or failures to act of any other party or entity conducting a specific event or activity at the Escape Room Facility.
I acknowledge that participation in escape rooms and related activities may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss.
I understand that during participation in Mind Factory Escape Games’ activities, each Participant and any Participating Minor may be photographed, videotaped, or audio recorded. I agree to allow my photo, video, audio recording, or film likeness, and those of any Participating Minor for whom I am legally responsible, to be used for any legitimate purpose by the Released Parties or any of their licensees or assigns. I understand that due to the confidential and proprietary nature of escape room activities, the Participants cannot take photos, nor video or audio record, their participation, or disclose details of the Escape Room Facility to others, or allow any Participating Minor to do so.
This Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under the applicable law of the jurisdiction in which the Escape Room Facility is located, and the law of the State of Connecticut and applicable federal laws of the United States of America, shall govern.
Any dispute, controversy, claim, or difference arising out of, or in connection with, or resulting from this Agreement, its application or interpretation, or a breach thereof, which cannot be settled amicably by the parties, shall be resolved definitively and exclusively by arbitration in the City of Bridgeport, Connecticut under the Rules of Procedure of the American Arbitration Association (the "Rules") then prevailing for which arbitration shall determine location for arbitration. Arbitration shall be by a single arbitrator chosen by the parties, provided that if the parties fail to agree and to appoint such single arbitrator within thirty (30) calendar days after demand for arbitration, then the arbitrator shall be chosen in accordance with the Rules. It is agreed that all documentary submissions, presentations, and proceedings shall be in the English language. The decision of the arbitrator shall be final and binding on the parties, and judgment upon any award rendered may be entered in any court having jurisdiction thereof.
I CERTIFY THAT I HAVE READ THIS DOCUMENT, THAT I AM AT LEAST 18 YEARS OF AGE, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A WAIVER AND RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.