Waiver and Release of Liability
This agreement contains a waiver of important legal rights. Please read it carefully.
“CORKY’S” is CORKY’S GAMING BISTRO, LLC and all of its parent entities and subsidiaries, as well as their employees, assignees, directors, members, volunteers, representatives, affiliates, insurers, subcontractors, and all other persons acting on the behalf of CORKY’S. “Live Escape Game Activities” means activities designed to simulate a situation which requires a group to work as a team solving puzzles and other challenges to escape a room,
In consideration of CORKY’S allowing me to participate in Live Escape Game Activities, I, the undersigned, do hereby represent and warrant that:
I ASSUME ANY AND ALL RISKS of participating in any game activity conducted by CORKY’S, including but not limited to the fact that I may be harmed by my own actions or the actions of the others, may fall or otherwise be injured, and/or may have a personal health condition that is affected by my participation.
I agree to fully and forever release, indemnify, and hold harmless CORKY’S with regard to any of my acts or omissions, or other participation in the aforementioned game activity/activities. I understand that this release includes, but is not limited to, any risk that may arise from the negligence, act, omission or carelessness on the part of CORKY’S, from jeopardous or defective equipment or property owned, maintained, or controlled by CORKY’S.
I understand that CORKY’S conducts simulated live game events which may cause excitement. I represent and warrant that I am physically and mentally fit for participation in the game activity and further certify that there are no health-related reasons or problems which preclude my participation in such game activity and I am assuming any and all risks of participation.
I understand that CORKY’S is not responsible for any damage to or loss of my personal property and hereby, fully and forever, release and agree to indemnify CORKY’S for any damage to or loss of my personal property. I acknowledge that CORKY’S encourages all participants to secure personal belongings prior to participation.
I fully and forever waive, release and discharge CORKY’S, from any and all liability, claims, loss, expenses, demands, actions, and causes of action whatsoever arising from my participation in any game activities.
I agree on behalf of myself, my heirs, executors, administrators, agents, and assigns to fully and forever waive, release, discharge, hold harmless and to indemnify CORKY’S from any and all liability, claims, loss, expenses, demands, actions, and causes of action whatsoever, which may be initiated by myself or any other person or organization, arising from any negligence, act, omission, or carelessness by the CORKY’S .
I understand that in the venue and game event provided by CORKY’S, that I may be photographed. I agree to allow my photo, video, or film likeness to be used for any reasonable purpose by CORKY’S.
I would like to receive, from CORKY’S and its assignees, free email promotions and discounts to the email address provided below. I may unsubscribe from emails at any time.
I acknowledge that this Waiver and Release of Liability Form will be used by CORKY’S and relied upon by CORKY’S, and that it will govern my actions and responsibilities at said game activity.
I agree that this Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any provision of this agreement is deemed invalid or unenforceable, all other provisions shall continue in full force and effect.
IN NO EVENT WILL CORKY’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE LIVE ESCAPE GAME ACTIVITIES OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO CORKY’S IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, CORKY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF A JUDGE OR OTHER TRIER OF FACT HAVING BINDING JURISDICTION OVER CORKY’S WITH RESPECT TO THE APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
CORKY’S WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR INVOLVEMENT WITH THE LIVE ESCAPE GAME ACTIVITIES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CORKY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
All suits in law or equity brought by participant against CORKY’Sshall be heard exclusively in the state and federal courts located in Tarrant County, Texas and that Texas state law shall exclusively govern.
This is intended to be a binding agreement as of the Effective Date and is offered to induce CORKY’S to allow me to participate in CORKY’S activities.