Release of Liability, Waiver of Claims, Assumption of Risks, Indemnity Agreement, Non-Disclosure, and License
By my signature below, I hereby agree on my behalf as well as on the behalf of my minor child and/or ward and any personal representative(s), family member(s), next of kin, successors, heirs, and assigns that:
- ACKNOWLEDGEMENT AND ASSUMPTION OF RISK - I recognize that there are certain inherent risks related to participation in the Escape This Truck activity (hereinafter “Activity”) that may include but are not limited to: claustrophobia, anxiety and/or physical harm.
- RELEASE OF LIABILITY - I hereby expressly and knowingly release and forever discharge and hold harmless Escape This Truck LLC, its owners, affiliates, officers, directors, shareholders, agents, designers, room participants, licensors, members, employees, property owners, business partners, and tenants of the property from and against any and all claims or causes of action arising out of my or my child/ward’s participation in the Activity including, but not limited to, any and all liability, claims, demands whatsoever arising from any damage, loss, personal injury, or death to me or my child/wards while participating in any activity in or around the truck (hereinafter “Facility”.) I ASSUME FULL RESPONSIBILITY FOR MY AND/OR MY CHILD/WARD’S PARTICIPATION IN THE ACTIVITY.
- COVENANT/AGREE TO NOT SUE - I further release, waive, discharge and covenant not to sue, mediate or arbitrate Escape This Truck LLC, its owners, affiliates, officers, directors, shareholders, agents, designers, licensors, members, employees, property owners, room participants, business partners, and tenants of the property from any claim whatsoever arising from my or my child/ward's participation in the Activity while in the Facility or on the surrounding grounds.
- INDEMNIFY AND DEFEND - I hereby agree to indemnify and defend Escape This Truck LLC, its owners, affiliates, officers, directors, shareholders, agents, rooms participants, designers, licensors, members, employees, property owners, business partners, and tenants of the property against any and all claims, causes of action, damages, judgments, costs or expenses including attorney’s fees and other litigation costs for injury or loss arising out of my or my child/ward’s use and participation in the Activity while in the Facility or on the surrounding grounds.
- INCLUDES - This waiver, release of liability and indemnification agreement includes, without limitation, injuries or accidents that may occur as a result of:
- Use or misuse of the Facility in any way, by anyone
- Use of any equipment that may malfunction or break
- Maintenance of the Facility, grounds, or equipment
- Instruction or lack of supervision
- Unprotected and/or careless viewing of laser beams
- Collisions with other participants
- Slipping, tripping and/or falling while in, entering, or leaving the Facility or on the surrounding premises
- Strenuous bodily movement
- Any other cause
- RIGHT TO REFUSE ENTRY – Escape This Truck LLC reserves the right to refuse entry to the Facility if the employees and/or staff believe, in Escape This Truck LLC’s sole discretion, that any participant could create a risk of harm to themselves or others due to intoxication, or any other reason.
- RIGHT TO PHOTOGRAPH – I hereby grant Escape This Truck LLC the right to photograph, videotape and/or record me and/or my child/ward’s name, face likeness, voice, and appearance in connection with exhibitions, publicity, advertising, any marketing purposes and promotional materials.
- OBSERVE AND OBEY ALL RULES –I agree on behalf of myself, my family members and my child/wards to listen to verbal instructions and rules and read written instructions and rules carefully and to strictly and diligently obey, in a timely manner, all instructions and rules of the Facility and the Activity.
- WILFUL DAMAGES – I understand that I am responsible for any wilful, deliberate damage to any props, furniture, clues, or any other property owned by Escape This Truck LLC while participating in the Activity. I acknowledge and agree to be charged for and to pay, upon demand, for any damage caused by me, my family or my child/wards during, before and/or after participation in the Activity. Furthermore, I hereby agree and acknowledge that I am solely responsible for any and all lost future potential revenue proximately caused by any damage incurred by me.
- REFUNDS – No refunds will be given under any circumstances. Once you have selected a time slot, signed this waiver and your credit/debit card is charged, you are committed to the time slot chosen and no refunds will apply.
- JURISDICTION – Any legal claim that may arise from participation in the activity will be governed by the laws of the State of California. This agreement is binding upon the participant’s heirs, executors, administrators, and assigns. I further agree that any action involving parties or issues relating to or arising out of this agreement must be instituted and prosecuted in the Superior court for San Mateo County, California. If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.
- AGREE WITHOUT DURESS – I acknowledge that I have read this document and I am signing this agreement of my own free will. I am under no pressure or duress to participate in the activity and I understand that I have the right to have an attorney of my choosing review and advise me before signing.
- Confidentiality/Non-Disclosure – I acknowledge that during the course of my experience in the Facility I will learn certain information that must be maintained confidential in order to ensure the continued success of Escape This Truck LLC, and its operations. I further acknowledge that my disclosure of any such information to third-parties and/or the public, including through digital mediums and social media would result in irreparable harm to Escape This Truck LLC. Based thereon, I agree that any and all information I may obtain concerning the Activity, including any passcodes, hints, tips, procedures or other information which is necessary to complete and participate in the experience provided by Escape This Truck LLC must be maintained confidentially and I expressly agree that I will not disclose or cause to be disclosed such confidential or proprietary information to third-parties or the public, including through the use of social media or other digital outlets. I ALSO AGREE THAT I WILL NOT TAKE PICTURES/VIDEO OF THE INSIDE OF THE FACILITY, AND THAT IF I AND/OR MY CHILD ARE DISCOVERED DOING SO THAT THE GAME MAY BE HALTED AND THAT AFTERWARD I WILL VISUALLY CONFIRM FOR THE STAFF THE DELETION OF ANY CAPTURED MEDIA.
Date: January 18, 2020