(READ CAREFULLY BEFORE SIGNING)
1. In exchange for participation in the escape room activity (the “Activities”) to be conducted by BTS Escapes #1 LLC dba Break Through Sac (hereinafter referred to as “BTS”). and/or use of the property, facilities and services of Break Through Sac (BTS), I agree and acknowledge for myself and/or on behalf of my minor child(ren) to participate in the Activities and agree to the following:
2. Participant agrees to pay for all damages to the facilities of BTS caused by my or my child(rens) negligent, reckless, or willful actions.
3. Participant understands, acknowledges and is aware that this participation has inherent risks, hazards and dangers that cannot be eliminated. The possible risks, hazards and dangers include, but are not limited to:
(a) the risk of handling items in their possession;
(b) the participant’s hearing being temporarily or permanently impaired due to the high levels of noise;
(c) the participant being involved in slips, falls, collisions or contacts with other participants;
(d) the participant being injured as a result of hyperventilation, heart attack or panic, due to the physically strenuous nature of the Activities.
I understand these risks, hazards and dangers may be caused by the action, inaction or negligence of Participant or the action, inaction, or negligence of others, including, without limitation, the Releasees named below.
4. Persons should not participate and may be asked to leave the Activities if:
(a) The participant is or will be under the influence of alcohol, drugs, or medication during the Activities;
(b) The participant does not fully understand and comprehend any rules, instructions, or directions given during or before the Activities; or
(c) The participant has any physical or mental injury, impairment or condition that would prevent him or her from participating fully in these Activities.
5. Participant agrees, to the full extent of the law, to fully and forever waive, defend, protect, indemnify and hold harmless, release and discharge BTS, its employees, agents, heirs and assigns, and each of them, and its insurers, affiliates and all of respective owners, officers, trustees, employees, contractors, agents, successors and assigns, and volunteers (collectively the “Releasees”), from any and all claims, damages, expenses (including actual attorney fees, whether or not in connection with litigation), demands, rights of action or causes of action, present or future, known or unknown, anticipated or unanticipated, to the Participants, Participant’s personal representatives, assigns, executors, heirs and next of kin, arising out of, in connection with or in any way relating to or resulting from Participant’s participation in the Activities. Participant acknowledges that he/she carefully read the Waiver and Release and fully understands that it is a waiver and release of any and all liability.
6. Participant agrees that this Release and Waiver of Liability and Indemnity Agreement is intended to be broad and inclusive as permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
7. Participant agrees BTS, its employees, representatives or agents has the right to any photos or any video/sound footage of me during the Activities. These photos, video footage and sound materials may be used for any marketing purposes. By providing your email address you agree to receive future emails from Break Through Sac that can include, but is not limited to, marketing advertisements and promotions. You always have the opportunity to opt-out in the future.
8. PARTICIPANT HAS READ AND BEEN GIVEN A REASONABLE OPPORTUNITY TO REVIEW BEFORE SIGNING THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT. PARTICIPANT FULLY UNDERSTAND ITS TERMS OF THIS AGREEMENT, UNDERSTAND THAT I, ON BEHALF OF MYSELF, AND/OR ON BEHALF OF MY MINOR CHILD(REN) AND THAT I AM UNDER NO PRESSURE OR DURESS TO SIGN THIS AGREEMENT. PARTICIPANT AGREES AND ACKNOWLEDGES I AM FREE TO HAVE MY OWN LEGAL COUNSEL REVIEW THIS AGREEMENT IF I SO DESIRE. IF I CHOOSE NOT TO SIGN THIS AGREEMENT THEN I ACKNOWLEDGE BTS HAS OFFERED TO REFUND ANY FEES I HAVE PAID TO USE ITS FACILITIES. PARTICIPANT UNDERSTANDS THAT BY SIGNING THIS RELEASE THEY ARE VOLUNTARILY SURRENDERING CERTAIN LEGAL RIGHTS.
Today's Date: December 9, 2019