Participant Agreement, Release and Assumption of Risk (The Agreement) – Locked Up | Escape Room Experience
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified below and all minor children under my supervision and referred to individually and collectively herein as "Child", to use the Locked Up| Escape Room Experience facilities and equipment, (the "Locked Up Facility"). In consideration for being allowed to use said facilities and equipment, and any other services provided by Locked Up or its employees or agents at said location, or any other Locked Up location, I – on behalf of myself, my Child, or any other person under my supervision or control - represent, acknowledge and agree as follows:
I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Locked Up Holdings LLC, All Locked Up Facilities, and their respective and collective agents, licensees, owners, officers, managers, shareholders, affiliates, assigns, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, "LU"). I acknowledge and agree that the terms and conditions in this Agreement shall apply to adult and minor participants and/or observers alike.
DESCRIPTION OF ACTIVITIES, RISKS, AND POTENTIAL FOR INJURY
I acknowledge and agree that I am executing this Agreement as consideration for participating in escape games and related activities. The use of game props and the other equipment at the Locked Up Facility and that participating in escape games and other activities is inherently and obviously dangerous. These risks include serious physical or emotional injury, including but not limited to burns, scrapes, cuts, bruises, dislocations, sprains, fractures, pinches, concussion, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that the risk of injury extends to all extremities and all other parts of the body. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the escape games and other activities that take place at the Locked Up Facility are monitored generally by Locked Up Facility employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, Locked Up Facility employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. I acknowledge that Locked Up – Escape Room Experience locks you in a room where you and the others in the room will rely upon clues and puzzles to enable you to escape out of the room. Each room contains furniture and objects consistent with the theme of the room. In some rooms, the participants are handcuffed and/or blindfolded.
VOLUNTARY ASSUMPTION OF RISK
I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of Locked Up Facility employees could cause me or the Child significant bodily injury (as described in this Agreement), and that LU is not responsible for the actions or activities of customers using the Locked Up Facility or the negligence of its employees in supervising the Locked Up Facility or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following:
(a) risks and dangers exist in my participation in Locked Up | Escape Room Experience;
(b) my participation in such activities may be emotionally demanding, create a fear of claustrophobia or result in bodily injury;
(c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of any Locked Up Facility, my negligence, the negligence of other participants, the negligence of others, accidents, the forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes and by my participation in these activities. I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, employees of any Locked Up Facility or by any other person.
d) Participants may die or become paralyzed, partially or fully, through their use of the Locked Up Facility and participation in Locked Up | Escape Room Experience activities.
e) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through use of the Locked Up Facility equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of falling off the escape games(s) or other equipment, landing improperly on the escape games props or other equipment, or making contact with other participants. As noted in paragraph d) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion related medical events.
f) Traveling to and from escape games can result in similar physical injury (even if the participant is not himself or herself participating at the time).
g) Observing, standing, sitting or taking photographs at or near any escape games or activity can result in similar physical injury (even if the observer is not himself or herself participating at the time).
h) Participation during reduced or altered lighting games can affect depth perception and visibility and may cause me and/or my Child to fall, slip, misstep, collide with other players in the game room, or collide with equipment which can result in a greater risk of serious physical or emotional injury, paralysis, or death.
AGREEMENT TO PAY MY OWN MEDICAL EXPENSES
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 Locked Up 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 Locked Up Facility, such assistance shall be at my own expense.
RELEASE OF LIABILITY
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue LU, and their successors, predecessors-in-interest, and insurers (collectively, the“Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of the Locked Up Facility, premises and/or its equipment (whether escape games or otherwise), the Child’s and/or my entry into the Locked Up Facility, the condition, maintenance, inspection, supervision, control or security of the Locked Up Facility, the failure to warn of dangerous conditions in connection with the Locked Up Facility, and/or the acts or omissions of LU or any of the Releasees, including, without limitation, any claim alleging negligent ac(s) or omission(s) of Releasees. This release extends to claims seeking relief for any and all forms of damage or injury, including property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the escape games, but also all other equipment, and all activities and games at the Locked Up Facility. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the Locked Up Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom. I understand and fully acknowledge and agree that all of the risks identified herein and any other risks associated with use of the Locked Up Facility and its equipment are sometimes beyond the control of the Releasees. I agree and acknowledge that should LU or any other Releasee or anyone acting on their behalf, be required to incur attorneys' fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold LU and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against LU and the other Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, LU and the other Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF THE LOCKED UP | ESCAPE ROOM EXPERIENCE PREMISES AND/OR ITS EQUIPMENT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, BREACH OF CONTRACT, AND/OR THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF THE ATTENDED LOCKED UP FACILITY, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES, AS WELL AS APPLICABLE JAMS APPELLATE RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State where participants attended the specific location, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness, as well as applicable JAMS Appellate Rules.
PHOTO/VIDEO/SOCIAL MEDIA WAIVER
In connection with my and the Child’s use of the Locked Up Facility, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize LU and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any Locked Up Facility. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.
TERM OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Locked Up | Escape Room Experience, whether at the current location or any other location or facility.
SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
a) You acknowledge that there are inherent risks in the participation in or on any escape game rooms, and that such risks include not only the use of escape games props, but other activities and equipment. Patrons of an escape game room who use escape games, and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the escape game rooms and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.
b) 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.
c) You have a duty to properly use all safety equipment provided, whether for the escape games at the escape game room, or otherwise.
d) 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 of spine, musculoskeletal or head injuries, or if you may be pregnant.
e) You have a duty to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth.
f) You have a duty to avoid bodily contact with other patrons.
g) 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 activity, whether involving the use of escape games props, or otherwise.
h) You have a duty to avoid crowding or overloading individual sections of the escape game room, or other equipment.
i) You have a duty to use the escape game room, and other equipment, within your own limitations, training and acquired skills.
j) 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 many warnings, rules, policies, and patron education signs are posted in the facility, and that I have had the opportunity to read and understand the same prior to participating in activities at LU. I further acknowledge that I will not participate in activities at LU unless I have heard and fully understood the Pre Game Briefing given to me, or each Child as applicable. I agree to follow and obey all posted and stated warnings, rules, policies, and patron education signs. I further agree that, as applicable, prior to each Child utilizing LU facilities or equipment, I will ensure each Child has heard and understands all safety rules, warnings, and patron education and shall assume all responsibility for their compliance therewith. I would like to receive email promotions, discounts, and other advertisements from LU and its partners at the email address provided below. I may unsubscribe at any time. I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at the Locked Up Facility, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between LU and me relating to the Child’s and my use of the Locked Up Facility. There are no other agreements – oral, written, or implied – or any other outside terms or conditions with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force. By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of the Locked Up Facility. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”).
IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY LOCKED UP | ESCAPE ROOM EXPERIENCE RELATED ENTITY.