General Release of Liability, Waiver of Claims and Assumption of Risk Agreement
In consideration for (a) being permitted to enter the premises owned by Corky’s Gaming Bistro LLC (“CORKY’S”), located at 3520 Grapevine Mills Blvd N, Grapevine, TX 76051 and 1900 N. Central Expwy., Plano, TX 75074 (the “Property”) and (b) for receiving permission from CORKY’S to participate in activities of any nature at the Property including, but not limited to, gaming and recreational activities, escape game/escape room activities, and axe throwing, and use of any related equipment, supplies, furniture, fixtures, or personal property located at the Property ((a) and (b) are collectively the “Activities”), the undersigned hereby, on behalf of myself, my personal representatives, heirs, next of kin, past, present or future affiliates, officers, directors, shareholders, members, managers, partners, employees, agents, attorneys, insurers, consultants, advisors, successors and assigns, minor children and minors in my care (the “Releasing Parties”), COVENANT NOT TO SUE AND FULLY AND FINALLY RELEASE CORKY’S and its past, present or future parents, subsidiaries, affiliates, officers, directors, shareholders, members, managers, partners, employees, agents, attorneys, insurers, consultants, advisors, successors and assigns, and other persons connected or associated with CORKY’S (collectively the “Releasees”) from any and all rights, claims, counterclaims, liabilities, demands, debts, agreements, promises, claims for recovery and causes of action, known or unknown, whatsoever arising out of or related to any loss, damage (economic or otherwise), claim, debt, liability, promise, punitive claim and/or injury, including personal injury, bodily harm, and death, that may be sustained by the Releasing Parties, or any of the property belonging to the Releasing Parties or in their possession, custody, or control, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while traveling to or from or participating in the Activities, or while in, on or upon the premises where the Activities are being conducted. This is a general release of all possible claims and causes of action of every kind and character, including those related to the Activities, and is to be interpreted liberally to effectuate maximum protection for CORKY’S. 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. All references to “I,” “my,” or “myself” in this General Release of Liability, Waiver of Claims and Assumption of Risk Agreement (the “Release”) specifically include and incorporate by reference any minor child on behalf of whom I am executing this Release in the capacity of parent or legal guardian.
I understand that the Releasees, do not represent, assess, or warrant the skills or proficiency of the other participants in the Activities, and the Releasees do not make any warranty or representation of any type, kind or character, whatsoever, as to existing conditions upon the Property and lands the Releasing Parties may enter for the Activities. I am participating in the Activities at my own risk, knowingly and voluntarily assume all risks relating to the Activities, and I accept the Property in its existing condition, and I recognize that the Activities are inherently hazardous activities and expose me to dangerous conditions, risks and hazards. I agree to accept any and all risk of injury, illness or death and verify this statement by placing my signature below.
I understand that CORKY’S conducts immersive live game events which may cause excitement and physical stress. I represent and warrant that I am physically and mentally fit for participation in the Activities and further certify that there are no health-related reasons or problems which preclude my participation in such Activities. I will comply with all local, state, and federal laws and regulations while participating in the Activities, including, but not limited to, laws regarding alcohol and drugs. I understand that my participation in Activities while intoxicated is strictly prohibited.
I am fully aware of the risks and hazards connected with participation in Activities and I hereby elect to voluntarily participate in the Activities with full knowledge that said Activities may be hazardous to me and to property owned by me or my family members. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, DAMAGE, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me or my family members or in our possession, custody, or control, as a result of being engaged in the Activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE and 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.
The Releasing Parties hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney fees, that the Releasees may incur due to my participation in the Activities, WHETHER CAUSED BY THE SOLE OR PARTIAL NEGLIGENCE OF RELEASEES or otherwise. The Releasing Parties further agree that they shall be solely responsible for all liability, costs of repair, costs of replacement, losses and damages of any kind arising out of or in connection with my participation in the Activities and shall tender payment for the same upon receipt of a demand from CORKY’S for such payment.
It is my express intent that this Release shall bind the Releasing Parties, including all members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE AND WAIVER OF CLAIMS AGAINST, AND A COVENANT NOT TO SUE ALL RELEASEES. I hereby further agree that this Release shall be construed in accordance with the laws of the State of Texas, and any dispute concerning this agreement and/or the Activities shall be heard in the federal or state courts in Dallas, Texas, where venue is mandatory.
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 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.
CORKY’S WILL NOT BE LIABLE 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 MY PARTICIPATION IN THE ACTIVITIES, AND CORKY’S MAXIMUM MONETARY LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY ME TO CORKY’S IN CONSIDERATION OF MY PARTICIPATION IN THE 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.
I have read the foregoing Release, understand it and sign it voluntarily as my own free act; no oral representations, statements, or inducements, apart from this written agreement have been made; I am at least eighteen (18) years of age or the parent or guardian of a minor child and fully competent to execute this Release on my behalf or on behalf of my child or ward; and I execute this General Release of Liability, Waiver of Claims and Assumption of Risk for full, adequate and complete consideration fully intending to be bound by same. by signing this agreement on behalf of a minor, I further represent and warrant that i am the legal guardian or parent of such minor; that i am FULLY responsible for the care, custody, and control of that minor; and that no other person’s authorization is required in order to consent to that minor’s participation in the activities or to bind that minor to the terms of this release. Further, in signing this release, I acknowledge and represent that the Releasees may, at any time, unilaterally decide to deny me access to the Property or Activities and that verbal admonishment of the same shall require me to immediately vacate the property or cease Activities upon request.