Escapery Creations, LLC
Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement
FOR GOOD AND VALUABLE CONSIDERATION, INCLUDING, WITHOUT LIMITATION, PARTICIPATING IN THE ESCAPE GAME AND OTHER ACTIVITIES (collectively, “Activity”), WHICH ACTIVITY IS PROVIDED BY ESCAPERY CREATIONS, LLC, UPON THE PREMISES LOCATED AT 1349 OLD 41 HIGHWAY NW, SUITE 250, MARIETTA, GEORGIA 30060 (“PREMISES”) ORGANIZED BY ESCAPERY CREATIONS, LLC, AND PERMISSION FOR ENTRY UPON THE PREMISES, I AGREE AS FOLLOWS:
I ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical and emotional condition to participate in such Activity. I further agree and warrant that if, at any time, I believe the conditions to be unsafe, or if I am unfit for any component of Activity participation, I will immediately discontinue participating in the Activity.
ESCAPERY CREATIONS, LLC shall provide the Activity at the Premises, which shall involve, without limitation: simulated confinement in a room(s), mentally intense situations and may be physically intense and induce stress, of which I am fully aware. Physical activity may include, but is not limited to, standing, bending, reaching, lifting, limited vision, variations of lighting, feelings of pressure, enclosed space, constraints, exposure to laser lights, electromagnets, etc. This list is not intended to be an exhaustive list of all exposures that may occur in an Activity. I acknowledge that I have been informed by ESCAPERY CREATIONS, LLC that if I have any health limitation, then I may choose not to participate in the Activity, and a full refund will be provided.
I FULLY UNDERSTAND that: (a) THE ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, (including: physical, psychological, emotional or other injuries), pain, suffering, illness, permanent disability, paralysis, and death (“Risks”); (b) these Risks and dangers may be caused by my own actions, inactions, negligence, conditions related to travel, or the condition of the Premises, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or the negligence of the Releasees named below; and (c) there may be other risks or social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND DANGER, KNOWN AND UNKNOWN, AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation, or that of the Minor named below, in and subsequent to the Activity, including travel to, from and during the Activity.
I FULLY UNDERSTAND that ESCAPERY CREATIONS, LLC reserves the right to terminate my game for excessively disruptive, destructive, or lewd behavior while at the Premises. Additionally, should I or a member of my party become ill or by some other means cause a bodily fluid or contaminate spill during the Activity, ESCAPERY CREATIONS, LLC is required to immediately clear the space for cleaning and sanitization. I FULLY UNDERSTAND AND ACCEPT that a refund will not be issued should the above occur.
I AND EACH OF MY HEIRS, PERSONAL REPRESENTATIVES, GUARDIANS, CONSERVATORS, AGENTS, SUCCESSORS AND ASSIGNS, AGREE TO HOLD HARMLESS AND HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, DISCHARGE, AND CONVENANT NOT TO SUE ESCAPERY CREATIONS, LLC, its owners, administrators, members, managers, officers, agents, volunteers, employees, participants, officials, insurers, affiliates, attorneys, successors and assigns, in their official and individual capacities, as well as owners and lessors of the Premises (each of the foregoing shall be considered one of and referred to as the “Releasees” herein) from all liability, claims, demands, actions, causes of action, rights, charges, costs, losses, damages, and expenses (including attorneys’ fees and costs incurred) and liabilities whatsoever, in law or in equity, other than those contained herein, of any nature whatsoever, known or unknown, suspected or unsuspected, that I now have or claim to have or hold, or which I at any time hereafter may have, hold, or claim to have against the Releasees, for any and all such claims arising by reason of, or in any way connected with, the Activity.
It is understood and agreed that this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (this “Agreement”) is intended to cover all actions, causes of action, claims, and demands for any damage, loss, or injury, which may be traced either directly or indirectly to the Activity, no matter how remotely they may be related to the aforesaid Activity. Such claims or causes of action hereby released shall include, but not be limited to, claims caused or alleged to be caused in whole or in part by negligent acts or inaction of any Releasees or otherwise (but excluding any gross negligence or willful misconduct of any Releasee). I FURTHER AGREE that, despite this release and covenant not to sue, as well as my assumption of risk and indemnity agreement, if I, or anyone on my behalf, make a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any liability and any litigation expenses, including, without limitation, attorney fees, costs, losses, liabilities, or damages that may be incurred as the result of such claims.
I ALSO FULLY UNDERSTAND AND ACKNOWLEDGE THAT THE EXTENT OF ANY LIABILITY OF ESCAPERY CREATIONS, LLC FOR ANY INJURIES, DAMAGES, OR LOSSES DUE TO ANY NEGLIGENCE OF ESCAPERY CREATIONS, LLC SHALL BE LIMITED TO THE PRICE PAID FOR ADMISSION FOR THE ACTIVITY AT THE PREMISES. ESCAPERY CREATIONS, LLC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, even if I have been advised of the possibility of such damages. I AUTHORIZE Escapery Creations LLC to place additional charges on the credit card I provide to recover any damages, maintenance, differences in price or janitorial fees incurred by my party members.
MINOR RELEASE: (If your group/party contains members under the age of 18 signing below means that you also agree to the following)
I, the Minor Aged Participant’s parent and/or legal guardian, understand the nature of the Activity and the Participant’s experience and capabilities and believe the Participant, a Minor, to be qualified, in good health, and in proper physical and emotional condition to participate in the Activity. I have read in full and agree to this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement with Parental Consent and agree to all terms on behalf of the Participant, including, without limitation, photos and videotaping. This Agreement supersedes all other agreements, either oral or in writing, between me and ESCAPERY CREATIONS, LLC (the “Parties”) with respect to the subject matter hereof and contains all of the covenants and agreements between the Parties with respect to the Activity. No representations, inducements, promises, or agreements, orally or otherwise, have been made by either party herein, or by anyone acting on behalf of either such party, that are not embodied in this Agreement; and no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing, signed by the party to be charged. I acknowledge that in executing this Agreement, I do not rely, and have not relied, upon any representation or statement not set forth herein with regard to the Activity or to the Agreement.
This Agreement or any section thereof shall not be construed against either party due to the fact that said Agreement or section hereof was drafted by either such party. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force without being impaired or invalidated in any way. This Agreement shall be binding upon the Parties and their respective and personal legal representatives, attorneys, heirs, agents, successors, and assigns. This Agreement, and any other claim or cause of action arising out of the relationships between the Parties herein (including, but not limited to, causes of action sounding in tort), shall be governed by, and construed in accordance with, the laws of the State of Georgia.
I ACKNOWLEDGE THAT I AM AGE 18 OR OLDER, HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I ADDITIONALLY PERMIT ESCAPERY CREATIONS, LLC TO PHOTOGRAPH OR VIDEOTAPE MY PARTICIPATION IN THE ACTIVITY, INCLUDING SOUND AND VIDEO RECORDINGS (collectively, “Recordings”). I GIVE ESCAPERY CREATIONS, LLC ALL RIGHTS TO MARKET, PUBLISH, REPRODUCE (IN ANY AND ALL MEDIA), AND OTHERWISE USE THE RECORDINGS WITHOUT MY PERMISSION.