By signing this document, I am forever waiving and releasing any and all claims I may now or later have against 13th Hour related in any way to my own and/or the minor child(ren) identified on page two of this document (hereinafter “Listed Minors”) participation in any 13th Hour event or activity or the use of its facilities, including claims of negligence, and on behalf of myself, my spouse, children/wards, my parents, heirs, assigns, personal representatives, and estate, I hereby agree to fully and permanently release, waive, and discharge 13th Hour, its agents, owners, members, shareholders, directors, partners, employees, suppliers, manufacturers, participants, affiliates, successors, and assigns (collectively the “Released Parties”) from any and all claims, liability, demands, or causes of action related in any way to my own and/or the Listed Minors participation in any 13th Hour event or activity or the use of its facilities, including use of or presence in any real or personal property of 13th Hour or the other Released Parties, without regard to whether a claim already exists or may arise in the future. I understand that (a) 13th Hour makes its services and facilities available to customers for recreational use only, (b) participation is purely a volunteer recreational activity designed for fun and is not a service to the general public or necessary in any sense, and (c) I and the Listed Minors are assuming the risks set forth in this Agreement. Assumption of Risk: I acknowledge and understand that my own and/or the Listed Minors participation in any 13th Hour event or activity or the use of its facilities, comes with inherent risks and I hereby recognize and accept responsibility of any nuisance or minor injury that might result from that participation. I also acknowledge and understand that participation means that non-harmful and appropriate contact by 13th Hour actors is expected and acceptable (you may be touched, grabbed, picked up, moved, etc.). The undersigned also accepts the probability of getting wet, being touched by props, or coming in contact with prop “blood” (it will wash out). I understand that if I do not want to take these risks or cannot afford to risk any injury, then I should NOT sign this document or participate in any 13th Hour event or activity or use its facilities nor should I allow my minor child(ren) to do so. Release of Liability: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Released Parties from any and all claims, demands, or causes of action, which are in any way connected with or related to my own and/or the Listed Minors participation in any 13th Hour event or activity or the use of its facilities, owned or operated by the Released Parties, including without limitation 13th Hour. I am assuming on behalf of myself and/or the Listed Minors, all risk that may result from participation in any 13th Hour event or activity or the use of its facilities. Warranty of Insurance and Indemnification: I represent, warrant, and certify that (1) I am the parent or legal guardian of the Listed Minors identified on page two of this document and (2) I have adequate medical or other insurance to cover and pay for any possible injury that may occur to me or the Listed Minors for whom I have signed this Agreement, including without limitation any intensification or exacerbation of injury resulting from any preexisting medical or physical condition I or the Listed Minors may have. To the extent the insurance does not pay for all costs or damages, I also agree to pay for any and all costs and expenses of such injury or damage to myself or to the Listed Minors for whom I have signed this Agreement. I agree to defend, indemnify and hold 13th Hour and other Released Parties harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, including, but not limited to attorneys’ fees, costs, damages, and/or judgments, related to my use or the Listed Minors use of any property owned by the Released Parties. Without limiting the generality of the foregoing indemnity obligation, I understand that I will be responsible to defend the Released Parties against, and to pay any judgment against the Released Parties, in any claim or lawsuit filed on behalf of the Listed Minors. Photo and Email Release: I agree to allow the Company to photograph or videotape my participation in the Activity, as well as agreeing to receive 13th Hour Escape’s newsletter. I understand the photography, videotape, and my name, image, and likeness (collectively the Pictures) may be used in promoting the Company and 13th Hour Escape. Therefore, without reservations or limitations, I hereby give the Company permission to, without change, use the Pictures in any manner and for any purpose at the discretion of the Company, including display on the Company’s website, on blogs, social media, in multimedia presentations to any third party, at events, and to reprint and distribute for any publication. I further acknowledge the Company owns all copyright and related rights in such photography, videotape, and materials. Infection Agreement: I acknowledge that this Accident Waiver and Release of Liability Form for 13th Hour Escape, LLC will be used by 13th Hour Escape, LLC, organize of the Activity in which I may participate, and that it will govern my actions and responsibilities at said Activity. I agree that 13th Hour Escape, LLC and its staff, or authorized agents may, in their sole discretion, determine that it is unsafe for myself, or others, to continue to participate in this Activity and may remove me from the premises by any lawful means. I understand and acknowledge that an inherent risk of exposure to COVID-19, or exposure to any illness, exists in any public place where people are present. By visiting and participating in the 13TH Hour ESCAPE ACTIVITY, I voluntarily assume all risks related to exposure of COVID-19, or exposure of any other illness. Miscellaneous: I agree that (a) the exclusive venue for any dispute or litigation between myself and 13th Hour will be the Second or Third district courts for the State of New Jersey, (b) the substantive law of New Jersey shall apply without regard to any conflict of law rules of another state, (c) the substantially prevailing party shall be entitled to its attorneys’ fees and costs from the other party in litigation, and (d) if any part of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. The waiver, release, assumption of risk, indemnifications, and other legal obligations set forth in this Agreement shall remain in full force and effect and shall be applicable to any and all future uses of the Released Parties’ facility by me or the Listed Minors for whom I have signed the Agreement below. I agree to read and follow the rules of the facility, and to cause the Listed Minors to follow such rules, including without limitation the rules posted on signs within the facility. I agree that I or the Listed Minors may be required to leave the facility, with no refund, for a failure to follow the rules. |