Accident Waiver and Release of Liability
In consideration of being permitted to engage in the Escape Room Activity (hereinafter referred to as the “Activity”), I acknowledge and agree to, on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors, administrators and next of kin, as follows:
1. Assumption of Risk. I AM AWARE OF THE INHERENT RISKS OF INJURY AND PROPERTY DAMAGE INVOLVED IN MY PARTICIPATION IN THIS ESCAPE ROOM ACTIVITY AND FROM USE OF THE PREMISES AND FACILITIES WHERE THE ACTIVITY IS LOCATED OR IS TO OCCUR, AND THE USE OF ANY EQUIPMENT OR APPARATUS LOCATED THEREIN OR THEREON (COLLECTIVELY, THE “ACTIVITY PREMISES”). I AM AWARE OF THE RISKS OF INJURY AND PROPERTY DAMAGE THAT MAY RESULT FROM, AMONG OTHER CAUSES, THE ACTIVE OR PASSIVE NEGLIGENCE OF STEMCHEF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”), INCLUDING WITHOUT LIMITATION THE RISK OF NEGLIGENT SUPERVISION. THESE RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO, FOOD ALLERGIES, REACTIONS TO INGREDIENTS, MENTAL STRESS AND ANXIETY, FALLING OBJECTS, CONTACT WITH OTHER PARTICIPANTS, DEFECTIVE EQUIPMENT AND ROOM CONDITIONS. I ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE DUE TO NEGLIGENCE OR NON-NEGLIGENCE OF THE RELEASED PARTIES RELATED IN ANY WAY TO THE EVENT. I AM VOLUNTARILY ENGAGED IN THIS ESCAPE ROOM EVENT WITH KNOWLEDGE OF THE RISKS OF INJURY AND PROPERTY DAMAGE THAT MAY RESULT FROM MY PARTICIPATION IN THIS ACTIVITY AND FROM THE USE OF THE ACTIVITY PREMISES.
2. Acknowledgment. I have no physical 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 other, and I will not be so impaired during my participation in the Activity.
3. Release of Liability. I HEREBY RELEASE RELEASED PARTIES FROM ALL LIABILITY TO MYSELF AND MY EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY OR PROPERTY DAMAGE, WHETHER KNOWN OR UNKNOWN, ARISING FROM OR RELATED TO THIS AGREEMENT, TO PARTICIPATION IN THE ACTIVITY OR MY PRESENCE IN, UPON OR ABOUT THE ACTIVITY PREMISES OR MY USE OF THE ACTIVITY PREMISES, WHETHER THE INJURY OR PROPERTY DAMAGE OCCURS ON OR OFF THE PREMISES TO THE FULLEST EXTENT PERMITTED BY LAW. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF ANY OF THE RELEASED PARTIES. I BEAR SOLE RESPONSIBILITY FOR ANY LOSS.
4. Media Rights. I agree that StemChef Inc. or any of its assignees has the right to any media generated as a result of my participation in the Event, including photographs or any video or sound footage, or any other likeness or representation of me, before, during or after Activity. All media may be used for any marketing purposes.
5. Indemnification. I will indemnify and hold harmless the Released parties, collectively and individually, from any and all losses, liabilities, damages, demands, costs, causes of action and expenses that they may incur, for any reason whatsoever, which may arise as a result of my participation in the Activity, and my presence in, upon or about the Activity Premises. As part of my indemnification obligations, I will pay to Released Parties, upon demand and at Released Parties sole discretion, the replacement cost or cost to repair of any equipment, tools or fixtures that I caused, in any manner, to be broken or damaged.
6. Knowing and Voluntary Execution. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND UNDERSTAND THAT THIS AGREEMENT INCLUDES AN ASSUMPTION OF THE RISK OF THE RELEASED PARTIES’ NEGLIGENCE AND A RELEASE OF THEIR LIABILITY. USER ACKNOWLEDGES THAT PROVIDER IS MATERIALLY RELYING ON THIS WAIVER AND IS ALLOWING USER TO ENGAGE IN THE ACTIVITY.
I fully understand that there are no refunds under any conditions once I purchase my entrance fee.
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.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL. WHEN REGISTERING ONLINE, MY ONLINE SIGNATURE SHALL SUBSTITUTE FOR AND HAVE THE SAME LEGAL EFFECT AS IF I HAD SIGNED A WAIVER AND RELEASE AGREEMENT.