ACCIDENT WAIVER AND RELEASE OF LIABILITY OF

HAWAII ESCAPE CHALLENGE LLC

located at 

98 - 1005 Moanalua Rd, Aiea, HI 96701, UNIT 410

I, the undersigned (on behalf of my heirs, administrators, personal representatives, spouse, children, successors, and assigns), for and in consideration of participating in Hawaii Escape Challenge, by execution of this Release and Waiver of Liability and Indemnity Agreement (“Agreement”), I hereby release, hold harmless, indemnify and discharge Hawaii Escape Challenge LLC, its officers, directors, members, employees, insurers, affiliates, volunteers and agents, (“Released Parties”) from any and all claims, demands, causes of action, and legal liability whether known or unknown, anticipated or unanticipated for any damages, injuries, losses and/or claims from any cause whatsoever to myself, my minor child, or my property.

I also agree to the following:

1.     I understand the product of Hawaii Escape Challenge involves known and unanticipated risks that could result in physical or emotional injury, paralysis or permanent disability, death, and property damage.  Risks include, but are not limited to:  blindness; bruises or other injuries; injuries caused by collisions with objects, other participants, or uneven surfaces; medical conditions resulting from physical or mental activity; death, dismemberment; and damaged clothing or property. I understand such risks cannot be eliminated without jeopardizing the essential qualities of Hawaii Escape Challenge.

2.     I expressly accept and assume all of the risks inherent in Hawaii Escape Challenge or that might have been caused by the negligence of the Released Parties.  My participation in Hawaii Escape Challenge is purely voluntary and I elect to participate despite the risks.  If at any time I believe that event conditions are unsafe, or that I am unable to participate due to physical, mental, or emotional conditions, I will immediately discontinue participation.

3.     I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during this activity. The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

4.     I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Released Parties from any and all claims, demands, or causes of action which are in any way connected with my participation in Hawaii Escape Challenge or my use of Hawaii Escape Challenge’s equipment, arising from negligence.

5.     I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in Hawaii Escape Challenge.  I further agree that if I do not have adequate insurance, that I will bear all costs of such injury or damage myself. 

6.     I represent that I have no medical or physical condition that could interfere with my safety in this activity.  I further agree that I assume and bear all the costs of any and all risks that may be created, directly or indirectly, by any such condition.

7.     I agree to pay in full for any damaged, lost or stolen items. I agree that any child under the age of 5 be secured at all times. 

8.     I acknowledge that I am not currently under the influence of alcohol, drugs, or any other substance that may impair my physical, mental, or emotional health.

9.     I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.  By signing this document, I agree that if I am injured or harmed, or my property is damaged during my participation in Hawaii Escape Challenge, I may be found by a court of law to have waived my right to maintain a lawsuit against the Released Parties on the basis of any claim for negligence.

10.  In the event that I file a lawsuit, I agree to do so solely in the state where the Released Parties are operating their business, and I further agree that the substantive law of that state shall apply.

11I hereby consent to participation in interviews, the use of quotes, the taking of photographs, movies, or videos.  I also grant Hawaii Escape Challenge LLC the right to use, edit, and reuse said products including use in print, on the Internet, and all other forms of media.

12. I will not video, record or take any photos revealing any content within the room to the public or anyone whom has not already been inside Hawaii Escape Challenge rooms. I will not copy, post, recreate or use any of the puzzles, riddles or any content found at Hawaii Escape Challenge for commerical or non-commercial use. If any video, photo or content is found online via youtube, social media or on the web, I agree to take it down immediatley and have action taken against me in a court of law. 

I have had sufficient time to read this entire document.  I understand that Hawaii Escape Challenge may not be made available to me.  I have read and understood this Agreement and I agree to be bound by the Agreement.