The Hidden Passage INC. DBA Escape Land

RELEASE AND WAIVER OF LIABILITY FORM

PLEASE READ THIS DOCUMENT CAREFULLY. BY SINGING IT, YOU ARE GIVING UP LEGAL RIGHT.

Must be signed by all participants and a parent or legal guardian for any participant under 18 years of age.

The Hidden Passage INC.

7430 Coldwater Canyon Ave. Unit B

North Hollywood, CA 91605

818-300-2314

WARNING: THESE GAME ACTIVITIES SIMULATE DANGEROUS AND HIGHLY STRESSFUL SITUATIONS MEANT TO TEST A PERSONS PHYSICAL AND MENTAL LIMITS WHICH MAY CAUSE MENTAL AND PHYSICAL DURESS OR INJURY. BY SIGNING THIS AGREEMENT YOU ARE CONSENTING TO WAIVE VALUBLE LEGAL RIGHTS TO SUE FOR ANY INJURY RESULTING FROM YOU PARTICIPATION IN ANY GAME ACTIVITY., THE HIDDEN PASSAGE INC. SUPERVISION OF ANY GAME ACTIVITY, ANY EQUIPMENT INVOLVED IN ANY GAME ACTIVITY, OR ANY OTHER PARTICIPATNS IN ANY GAME ACTIVITY.

ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT I HAVE CAREUFLLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST THE HIDDEN PASSAGE INC. SHOULD ANY CLAIM BE MADE, I UNDERSTAND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEY’S FEES AND DEFENSE COSTS INCURRED BY THE HIDDEN PASSAGE INC. IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM. I AM AWARE THAT HIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL. 

I HEREBY ASSUME ALL OF THE RISKS OF PARITCIPATING IN ANY.ALL ACTIVITIES ASSOCIATED WITH THIS ESCAPE THE ROOM EVENT given by The Hidden Passage INC., referred to as the company of 7430 Coldwater Canyon Ave. Unit B, North Hollywood, CA 91605, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

I certify that I understand this activity has potential risks including but not limited to:

1.           Use of simple tools

2.           Potentially moving or lifting objects of not more than 20 pounds

3.           Mental stress and anxiety

4.           Being in an enclosed space with up to 10 other persons

5.           Possibility of failure to escape the room in the allotted time

I have no physically or mental illness that precludes my participation in a safe manner for myself or others. I am not under the influence of drugs or alcohol which impairs my ability to maintain my safety awareness or endangers others.

I acknowledge that this Accident Waiver of Release of Liability Form will be used by the organizers of the activity in which I may participate, and that it will govern my action’s and responsibilities at said activity. I agree that all staff or authorized agents may, in their sole discretion, determine it is unsafe for myself or others for my participation to continue and remove me from the premises by any lawful means.

In consideration of my application and permitting me to participate in this activity, I hereby take action from myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

1.           I WAIVE, RELEASE AND DISCHARGE, from any and all liability arising from the negligence or fault of entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, whether caused by the fault of myself, my family, the Company, or other third parties THE FOLLOWING ENTITIES OR PERSONS: The members, directors, officers, employees, volunteers, representatives, and agents of any and all entities authorizing this activity (the Releasees);

2.           IDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of Releasees or otherwise;

3.           INDEMNIFY AND DEFEND the entities or persons mentioned in this paragraph against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from me or my family’s use of or presence upon the facilities of the Company;

4.           OBSERVE AND OBEY posted rules and warnings, and further agree to follow any oral instructions or directions given by the entities or persons mentioned above in this paragraph;

5.           I AGREE TO PAY FOR ALL DAMAGES to the facilities of the entities or persons mentioned above in this paragraph caused by any negligent, reckless, or willful actions by me or my family.

6.           I AGREE THAT I WILL USE GOOD BEHAVIOR and judgment while participating in this activity and if I am requested to reschedule by the entities or persons mentioned above in this paragraph, I will comply.

7.           YOU HAVE A DUTY to not participate in any activity on any escape game room, or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol.

8.           YOU HAVE A DUTY to not participate in any activity on any escape game room, or engage in other activities or use other equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history or spine, musculoskeletal or head injuries, or if you may be pregnant.

9.           YOU HAVE A DUTY to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.

10.       YOU HAVE A DUTY to avoid bodily contact with other patrons.

11.       YOU HAVE A DUTY to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any escape games room acidity, whether involving the use of escape games props, or otherwise.

12.       YOU HAVE A DUTY to avoid crowding or overloading individual sections of the escape game room, or other equipment.

13.       YOU HAVE A DUTY to avoid jumping off escape game props and landing on the head or neck. Serious injuries paralysis or death can occur when landing on the escape game rooms bed, or elsewhere, whether involving the escape games, other equipment, or otherwise.

ACKNOWLEDGEMENT OF RULES AND WARNINGS

I acknowledge that the members, directors, officers, employees, volunteers, representatives, and agents of any authorizing entity are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.

I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using The Hidden Passage INC facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, outpatient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using The Hidden Passage INC facility, such assistance shall be at my own expense.

I understand while participating in this activity I may be photographed. I agree to allow my photo, video, film likeness, and or voice including electronic images or pictures to be used for any legitimate purpose this authorizing entity decides, and assigns. Such uses may include by are not limited to posting on social media. This permission will remain in force and shall continue forever unless I revoke my permission in writing. I hereby waive the right to any payment for signing this release and waive the right to receive any payment from the Company. 

I acknowledge that during the course of my experience in the facilities of the Company I will learn certain information that must be maintained confidential in order to ensure the continued success of the Company and its operations. I further acknowledge that my disclosure of any such information to third parties and or the public, including through digital mediums and social media would result in irreparable harm to the Company. Based thereon, I agree that any and all information I may obtain concerning the operation of the Company must be maintained confidentially and I expressly agree that I will not disclose or cause to be disclosed such confidential or proprietary information to third parties or the public, including through the use of social media or other digital outlets.

The Accident Waiver and Release of Liability shall be governed and interpreted in accordance with the laws of the State of California. Any action, proceeding or litigation concerning my participation in this activity may only be brought in North Hollywood, California, and I hereby agree that the courts of Los Angeles County, California, shall have exclusive jurisdiction over me and the subject matter of any such proceeding. I further agree that nay and all disputes or controversies arising under or relating to this Accident Waiver and Release of Liability or any of its terms, any efforts of any party to enforce, interpret, construe, rescind, terminate or annul this Accident Waiver and Release of Liability, or any provision thereof, and any and all disputes or controversies arising under or related to my participating in this event shall be resolve by binding arbitration in accordance with the then current Commercial Arbitrations Rules of the American Arbitration Association. The parities may agree to an arbitrator. If the parities are unable to agree upon a mutually acceptable arbitrator, the case shall be processed through and handles by the American Arbitration Association for resolution. I agree that the arbitrators ruling, or arbitrator’s ruling as applicable, in the arbitration shall be final and binding and not subject to appeal or challenge.

The Accident Waiver and Release of Liability Form shall be constructed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILTIY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.

ROOM RULES

1.           Please be respectful of the items in the room so that the next group can play as well.

2.           You will be held responsible for any reckless behavior including breaking or damaging items.

3.           If something is locked, you need to unlock it. 

4.           There is nothing on the ceiling.

5.           Items with the sticker “Not Part of The Game” on them should not be moved.

6.           Do not tamper with or place any objects into electrical outlets.

7.           Everything needed to escape is included in the room. Outside materials should not be used to benefit you in the game. This includes phones, pens, lock picks, crowbars, long fingers or arms or any other random item that you may have brought with you.

8.           If something is locked, you need to unlock it. If an item does not easily open, please do not force it.

9.           Please help us preserve our secrets by not taking pictures or videos inside the rooms.

10.       At the end of your game, we will ask to take your picture and post it on our Facebook page. We would greatly appreciate it if you would tag yourself as well as share and/or like it.

Anyone with allergies to smoke or pregnant, notify our start beforehand so we do not turn on fog detectors in the room upon group agreement.