ESCAPE TOWN LLC (d.b.a. BULL CITY ESCAPE / TARHEEL ESCAPES)
PARTICIPANT AGREEMENT, WAIVER, AND RELEASE OF LIABILITY
In consideration of being allowed to participate in the services and activities provided by ESCAPE TOWN LLC (d.b.a. BULL CITY ESCAPE or TARHEEL ESCAPES) and its agents, owners, volunteers, participants, clients, customers, employees, and any and all persons and entities acting in any capacity on its behalf (collectively “ESCAPE TOWN”), I, on behalf of myself and/or my child(ren)/ward(s), expressly and voluntarily forever release, indemnify, and discharge ESCAPE TOWN on behalf of myself, my executors, administrators, heirs, next of kin, successors, and all other persons and entities who could in any way represent me or act on my behalf.
(1) RISKS: I hereby assume all of the risks of participating in any/all activities associated with ESCAPE TOWN, 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 the use of simple tools; moving or lifting objects of not more than ten pounds; mental stress and anxiety; being in a reasonably small space with up to twelve persons.
(2) RELEASE OF LIABILITY: Despite all known and unknown risks, I expressly and voluntarily waive, release, and forever discharge ESCAPE TOWN from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me or my child(ren)/ward(s). I knowingly, willfully, and voluntarily waive my right to pursue and/or file any legal claim to collect damages or compensation of any kind should I or my child(ren)/ward(s) suffer harm of any kind, including, but not limited to, harm or injury in the form(s) listed above while participating in any activity sponsored by ESCAPE TOWN or while on the premises of ESCAPE TOWN. This Release of Liability is effective and valid regardless of whether the damage, loss, or death is a result of any act or omission on the part of ESCAPE TOWN.
(3) DAMAGES: I understand that nothing in the game needs to be broken or forced open and that any object that is deliberately broken or removed from the room will be charged to the group. I agree to follow all written and verbal instructions during gameplay. If ESCAPE TOWN observes any potentially risky or unruly behavior, an employee will enter the room and stop the game. If a patron is removed from the room, there will be no refunds or re-admissions. ESCAPE TOWN reserves the right to remove any patron at any time for any reason.
(4) PHOTO RELEASE: I hereby grant Escape Town LLC permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, or for purposes of escape room game product development by Escape Town LLC, without payment or other consideration. I understand and agree that all photos will become the property of Escape Town LLC and will not be returned. Photos will be used solely by Escape Town LLC, and will NOT be sold or shared with external third party organizations. I hereby irrevocably authorize the Escape Town LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge Escape Town LLC from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
(5) COVID-19: I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that ESCAPE TOWN LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. I further acknowledge that ESCAPE TOWN LLC can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff, and other clients and their families. I voluntarily seek services provided by ESCAPE TOWN LLC and acknowledge that I am increasing my risk of exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that:
- I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
- I have not traveled internationally within the last 14 days.
- I have not traveled to a highly impacted area within the United States of America in the last 14 days.
- I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
- I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as noncontagious by state or local public health authorities.
- I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold ESCAPE TOWN LLC harmless from and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses, and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the escape room, or that may otherwise arise in any way in connection with any services received from ESCAPE TOWN LLC. I understand that this release discharges ESCAPE TOWN LLC from any liability or claim that I, my heirs, or any personal representatives may have against the escape room with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from ESCAPE TOWN LLC. This liability waiver and release extends to the escape room together with all owners, partners, and employees.
I ACKNOWLEDGE THAT I HAVE THE ABILITY TO READ AND COMPREHEND THE ENGLISH LANGUAGE, THAT I HAVE READ THIS DOCUMENT IN FULL, AND THAT I 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(REN)/WARD(S) TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST ESCAPE TOWN SHOULD ANY CLAIM BE MADE. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.