Today's Date: August 10, 2020
I hereby acknowledge and agree that, in exchange for being permitted to participate in the Escape! Whistler puzzle games and any of the escape rooms, now and in the future (the "Activities") organized, staged and/or operated by Whistler Escape! Rooms Limited, operating as Escape! Whistler (hereinafter referred to as "Escape! Whistler"):
- I DO HEREBY RELEASE Escape! Whistler and its directors, officers, employees, independent contractors and agents from all liability, AND DO HEREBY WAIVE as against Escape! Whistler and its directors, officers, employees, independent contractors and agents, ALL CLAIMS, recourses, proceedings and causes of action of any kind whatsoever, in respect of any and all personal injuries or property losses which I or my child, or the minor child for whom I am legally responsible, may suffer arising out of or connected with the preparation for, or participation in the Activities notwithstanding that such injuries or losses may have been caused solely or partly by the negligence of Escape! Whistler, or any of its directors, officers, employees, independent contractors or agents.
- I DO HEREBY ACKNOWLEDGE AND AGREE that:
(a)the Activities may be dangerous, exposing participants to many risks and hazards, some of which are inherent in the very nature of puzzle games and escape rooms, others which result from human error and negligence on the part of the persons involved in organizing, staging and/or operating the Activities;
(b) as a result of the aforesaid risks and hazards, as a participant in the Activities, I or my child, or the minor child for whom I am legally responsible, may suffer serious personal injury, even death, as well as property loss;
(c) some of the aforesaid risks and hazards are foreseeable, but others are not;
(d) I, on my own behalf and on behalf of my child, and/or the minor child for whom I am responsible, nevertheless freely and voluntarily assume all the aforesaid risks and hazards, and agree that my/our preparation for, and participation in the Activities shall be entirely at my/our own risk;
(e)I understand that neither Escape! Whistler nor any of its directors, officers, employees, independent contractors or agents assume any responsibility whatsoever for my/our safety during the course of my/our preparation for or participation in the Activities;
(f) I have carefully read this RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISK AGREEMENT (the "Agreement"), I fully understand the Agreement, and I am freely and voluntarily executing the Agreement;
(g)I clearly understand that by signing this Agreement I/we will be forever prevented from suing or otherwise claiming against Escape! Whistler, its directors, officers, employees, independent contractors and agents for any loss or damage connected with any property loss or personal injury that I/we may sustain while participating in or preparing for the Activities, whether or not such loss or injury is caused solely or partly by the negligence of Escape! Whistler or any of its directors, officers, employees, independent contractors and/or agents;
(h) I/we have been given the opportunity and have been encouraged to seek legal advice prior to signing this Agreement;
(i) I/we clearly understand that Escape! Whistler would not permit me/us to participate in the Activities unless I/we signed this Agreement, that this Agreement applies to the Activities whether occurring in the near or distant future, and that the terms of this Agreement have been explained to me by Escape! Whistler or one or more of their representatives;
(j) this Agreement is binding on me, my heirs, my executors, administrators, personal representatives and assigns;
(k) either my handwritten signature or electronic signature on this Agreement is valid and enforceable and is evidence that I have read this Agreement carefully; and
(l) I agree that I am/we are physically capable of participating in the Activities, and that I/we have no pre-existing conditions that would hinder my/our ability to participate in the Activities.
ADDITIONAL COVID-19 ACKNOWLEDGMENT
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I or my child, or the minor child for whom I am legally responsible may be exposed to or infected by COVID-19 by attending Escape! Whistler and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 at Escape! Whistler may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees of Escape! Whistler, its directors, officers, independent contractors and agents.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself my child, or the minor child for whom I am legally responsible for (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with activities at Escape! Whistler. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Escape! Whistler, its employees, agents, directors, officers and representatives, of and from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Escape! Whistler, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any activities on premise.