WAIVER, RELEASE, INDEMNIFICATION, CONSENT, AND ASSUMPTION OF RISK
In consideration of being permitted to participate in any/all activities associated with a real life “escape the room” game, and any and all other associated activities in which I may participate in at 2264 Lakeside Drive, Lynchburg, Virginia 24501 (the "Activities") and operated by One Way Out, LLC, a Virginia limited liability company, or its owners, officers, directors, employees, members, managers, contractors, agents, assigns, legal representatives and successors, and all business associates and partners (the "Company"), I, the undersigned (the "Participant"), agree to be bound by each of the following:
1. Voluntary Participation. I understand and acknowledge that I am a voluntary participant in the Activities.
2. Photography. I acknowledge that during and after my participation in the Activities, I will be monitored by video camera and may be photographed. I hereby consent and give the Company permission to allow my photograph to be displayed, published or distributed, wherever the Company deems necessary or desirable, in its sole discretion, whether for promotional purposes or other. I acknowledge that I am not permitted to take photographs of any kind while participating in the Activities.
3. Acknowledgement and Assumption of Risks; Standards of Conduct. I understand and acknowledge that the Activities involve potential risks, including, but in no way limited to injury or damage to person or property which may result from: (a) being enclosed in a small room with up to twelve people; (b) mental stress and similar disorders; (c) use of tools and objects; (d) dim lighting in rooms. Having read the above stated risks and understanding that the risks involved in the Activities are not limited to those risks, I ACKNOWLEDGE THAT I HAVE BEEN ADEQUATELY WARNED of the dangers of participating in the Activities. Knowing the risks described above, and understanding that this document is intended to address all risks associated with the Activities and not solely those listed above, I VOLUNTARILY ASSUME ALL RISK on behalf of myself, my family, heirs and personal representatives, whether known or unknown, foreseeable and unforeseeable, in any way connected with my participation in the Activities. It is my responsibility to take all necessary precautions to avoid injury to myself and others. I will follow such precautions any time I participate in the Activities. I acknowledge and warrant that I am physically able to participate in the Activities and have no condition that would limit my participation.
4. Release, Waiver, Indemnification and Covenant Not to Sue. To the maximum extent permitted by law, I release, hold harmless and agree to indemnify the Company from and waive all present or future claims, losses, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs and expenses, including attorney’s fees of whatever kind for injury to person or property, or even death or for any other damage which I may suffer, or for which I may be liable to another person, and covenant not to sue for any liability, injury, loss, or damage, including attorneys’ fees, in any way connected with my participation in the Activities resulting from any cause including but not limited to negligence on my part or on the part of the Company.
5. Medical Care; Health Insurance; Consent to Medical Treatment. I represent that to the best of my current knowledge, I am physically able to participate in the Activities and understand that I am responsible for obtaining any recommended medical treatment before participating in Activities. During my participation in the Activities, I will carry valid and current medical insurance and have a valid insurance identity card. I have reviewed my coverage and have determined that this insurance is adequate to cover injuries or illnesses that I may sustain while participating in Activities. I will be solely responsible for payment in full of all costs of medical care that I may receive as a result of injuries sustained as a result of the Activities. I authorize the Company to take whatever action it feels is warranted under the circumstances to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services as may be necessary, all at my expense. This consent, however, does not impose a duty upon the Company to provide such assistance, transportation, or services.
6. (a) Binding Effect: this instrument shall be binding upon my relatives, personal representatives, heirs, beneficiaries, next of kin, or assigns and shall inure to the benefit of the Company and its respective successors and assigns; (b) Entire Agreement: this agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter; (c) Severability: if any term or provision of this agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction; (d) Applicable Law: because the Company is a Virginia limited liability company, and in order to provide certainty in the law to be applied to the construction of this instrument, all matters arising out of or relating to this agreement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I acknowledge that I am at least 18 years old (if the Participant is under 18 years old, a Parent/Guardian must sign on his or her behalf).