In consideration of the services of First Empire Escape Rooms operators, their agents, owners, officers, referees, volunteers, participants, employees, Hosts, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "FE"), I hereby agree to release, indemnify, and discharge First Empire Escape Rooms, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1)I acknowledge that my participation in The Escape Rooms and other amusement activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: Slipping and falling; collision with fixed objects or people; injuries including, sprains, burns, fractures, scrapes, bruises and cuts, dislocations, pinched fingers and serious injuries to the head, back, or neck the negligence of other participants, FE, or myself; my own physical condition; physical contact with others. 2) I expressly agree and promise to accept and assume all of the risks existing in activities at First Empire Escape Rooms. My participation in activities at First Empire Escape Rooms is purely voluntary, and I elect to participate in spite of the risks. 3) I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless First Empire Party House and Escape Rooms from any and all claims, demands, or causes of action, which are in any way connected with my or my child’s participation in activities at First empire Escape Rooms or my use of First Empire Party House & Escape Room's equipment or facilities, including any such claims which allege negligent acts or omissions of First Empire Escape Rooms. I understand that this perpetual release/waiver will apply to each and every occasion that I visit a First Empire Party House & Escape Room's facility. 4) Should First Empire Party House & Escape Room's or anyone acting on their behalf, be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 5) I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in activities at FE, I may be found by a court of law to have waived my right to maintain a lawsuit against FIRST EMPIRE PARTY HOUSE & ESCAPE ROOMS on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. MUST BE AT LEAST 18 YEARS OLD TO FILL OUT THIS SECTION (All minors must be listed on page 2)
ADDITIONAL MINOR’S RELEASE/WAIVER - PARENT OR GUARDIAN'S ADDITIONAL RELEASE/WAIVER (Applicable to all participants under the age of 18)
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF FIRST EMPIRE PARTY HOUSE & PROP RENTALS USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM FIRST EMPIRE PARTY HOUSE & ESCAPE ROOMS IN A LAWSUIT FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, INCLUDING OR DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. In addition to the terms, conditions, and acknowledgments contained in the above PERPETUAL PARTICIPANT AGREEMENT, RELEASE/WAIVER AND ASSUMPTION OF RISK , and in consideration of the below printed Minor being permitted by FE to participate in its activities and to use its equipment and facilities, I further agree to perpetually release, indemnify, and hold harmless First Empire Party House & Escape Rooms and its agents and employees from any and all claims which are brought by, or on behalf of Minor, and are in any way connected to Minor’s use of FE’s premises, or participation in Fisrt Empire Escape Rooms activities, including any such claims caused by, or alleged to be caused by, negligent acts or omissions of First Empire Escape Rooms.