Previsit Waiver

FACILITIES USE AGREEMENT

Welcome to the Level99, a first-of-its-kind destination for challenge-based entertainment in which you and up to five other participants compete and collaborate both physically and mentally in over 40 different themed challenge rooms, player-vs-player competitions and hunts (the “Challenges”). The Challenges require you to interact with each other and with our unique challenge rooms and equipment, which are likely very different from anything you have experienced before.

PLEASE CAREFULLY REVIEW THIS AGREEMENT – IT INCLUDES IMPORTANT INFORMATION ABOUT CHALLENGES, INTELLECTUAL PROPERTY RIGHTS, AND A MANDATORY WAIVER AND RELEASE BEFORE YOU CAN USE THE FACILITIES AT ANY OF OUR LEVEL99 (“LEVEL99 FACILITIES”).

I, the undersigned, being 18 years of age or older, and the legal guardian of any below-named minor(s), on behalf of myself and named minor(s) identified herein, hereby acknowledge and agree as follows:

The Challenges are physically and mentally demanding. Neither I, nor any minor(s) named herein, have any current or prior medical or physical conditions which would impair or affect my/our ability to engage in the Challenges or which would cause any risk of harm to myself/ourselves or to other participants or otherwise endanger my/our health while attending or participating in the Challenges
Several of the Challenges are dangerous, and accidents can occur involving the risk of serious injury to my person and/or death and/or damage to my/our property. The Challenges entail known and unanticipated risks such as:

• surfaces that move or spin

• doors that open suddenly without warning

• areas to navigate using solely your upper body strength

• objects that may be thrown or moved by other participants

• uneven, irregular, wet, and slippery surfaces and objects

• unexpected steps up or down; holes in floors; low light conditions

• low ceilings and/or objects and set pieces protruding at a height that could cause injury;

• narrow hallways and tunnels

• unusual and unfamiliar physical room structures (including moving set pieces, low ceilings, hanging objects, and unusual doors and passageways)

• loud sounds and bright and flashing lighting

There is a risk of physical and/or emotional injury including but not limited to, sprains, strains, bruises, bumps, pinches, cuts, head, neck, or back injuries, broken bones, paralysis or death. Fingers, toes and/or other body parts could be severely injured, caught in doors or fixed/moving game elements. There is a very real risk of a slip, trip, or fall leading to head or other serious injuries. There is also risk of infectious disease (including, but not limited to, COVID-19 and/or other viral or bacterial pathogens) from surface contact and/or from proximity to other people. These examples of risks do not constitute an exhaustive list, and such risks cannot be eliminated without fundamentally altering the essential qualities of the experience.
Many of the Challenges are not monitored by staff, whether by camera, surveillance system, or in-person. In the event of an emergency occurring within a challenge room, I may use my cell phone and/or have a team member exit the room to seek help. I understand that no one at Level99 is monitoring the challenge room activities as they are ongoing. I agree that I am responsible for selecting and/or agreeing to be accompanied by my/our own teammates voluntarily and at my/our own individual and group risk when participating in the Challenges, as the actions of individuals participating in the Challenges cannot be reasonably controlled or predicted.
I UNDERSTAND AND ACCEPT the foregoing risks on behalf of myself and the minor(s) listed, and agree that my participation, or on behalf of the minor(s), is purely voluntary. Knowing the risks of participating in the Challenges, I ASSUME FULL RESPONSIBILITY FOR ALL RISKS OF BODILY INJURY, DEATH, AND/OR PROPERTY DAMAGE for myself and named minor(s) AND HOLD HARMLESS Level99 (including Open World Entertainment, LLC)), its officers, owners, affiliates, agents, landlords, and employees (hereinafter collectively referred to as “Releasees”) from any and all loss, liability, injury, damage or cost which may arise out of or in connection with my/our presence at any of the Level99 Facilities and/or my/our participation in the Challenges, whether caused by the action, inaction, or negligence of Releasees or otherwise.
I hereby RELEASE, FOREVER DISCHARGE, and COVENANT NOT TO SUE the Releasees, their employees and agents, as well as any owner of the property, and all other persons or entities affiliated therewith, from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with participation in the Challenges including, but specifically not limited to, (1) those risks set forth above; (2) the acts, omissions or negligence (in any degree) of Releasees, or their agents or employees; (3) latent or apparent defects or conditions in equipment, property, or Level99 Facilities provided by Releasees; (4) the behavior of co-participants, if any; and (5) first aid, emergency treatment or services rendered or failed to be rendered by Releasees, or their agents or employees. This Release includes, and I agree for myself, my heirs and representatives, and/or the minor(s) listed, to give up the legal rights identified, which include the right to file any lawsuit whatsoever for personal injury, wrongful death, survivor actions, and any and all other claims that could legally be made relating to injury, property damage, or death.
I FURTHER AGREE AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY the Releasees from all defense costs, including attorney's fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage which may be filed by me or any of the minor(s) listed. Such indemnity and defense obligation shall further extend to any claim, loss, or lawsuit which alleges that I or any of the named minor(s) negligently or intentionally caused any injury, death, or damage to participants or other third parties in the course of participation in the Challenges. I agree that if I, or any of the minor(s) listed, are injured and require medical assistance, the cost of medical assistance will be fully borne by myself and/or our medical insurer, and neither I, nor the minor(s), will seek the recovery of related costs from Releasees.
I, on behalf of myself, and/or the minor(s) listed, agree to read and obey any and/or all written and oral rules, instructions, and signs, whether posted at Level99 Facilities, or available on the Level99 website, during all times while at any Level99 Facility. I understand that there will be information at each of the Challenges indicating whether it involves physical challenges.
I, on behalf of myself, and/or the minor(s) listed, acknowledge and agree that all photos, non-photographic images, drawings, graphics, audio, video, displays, writings, technology, inventions, processes, techniques, methods (including business methods), aspects, concepts, constructions, designs, and the selection, coordination, and arrangement of such content in each Level99 Facility are the sole and exclusive intellectual property of Level99. The validity and the value of such property shall not be contested or challenged by the undersigned in a court of law or any administrative body, and such defenses, to the extent they may exist are hereby expressly waived. Intellectual property owned by Level99 may include patents, trademarks, service marks, trade dress, trade names, logos, corporate names, domain names, other similar designations of source or origin, together with the goodwill symbolized by any of the foregoing, copyrights, works of authorship (whether copyrightable or not), computer programs, data and databases, trade secrets, knowhow, and other confidential information, in each case whether registered or unregistered. Because I have been made aware of these intellectual property rights, I understand and agree that any infringement of these rights would be willful, and I will be liable for enhanced damages and the payment of attorney’s fees and costs in the event of infringement. I agree that my visit to any Level99 Facility is for entertainment purposes only and agree not copy, recreate, reverse-engineer, or otherwise replicate all or part of any Level99 Facility or any games or portions thereof.
I agree to drink responsibly and heed suggestions from others and will not drive if I am intoxicated. I acknowledge that while participating in the Challenges, I may have the option to purchase and consume alcoholic beverages. Consumption of alcohol is optional and a personal decision. I agree that any alcoholic beverages I consume are my own choice and responsibility and can decrease my ability to safely engage with the Challenges. I understand and acknowledge that it is against the law to serve, provide, or make available alcohol to anyone under the age of twenty-one (21). I swear and affirm not to provide anyone under the age of twenty-one (21) with alcohol. I acknowledge that I alone am responsible for all of my actions resulting from consuming alcohol and that Releasees are in no way responsible or liable for any damages to myself and/or third parties that result from the consumption of alcohol by myself or others, including, but not limited to, property damage, personal injury, death, or disfigurement.
I authorize Open World Entertainment, LLC d/b/a Level 99 and its affiliates and designees (each, an “Authorized Person” and collectively, the “Authorized Persons”) to photograph, film, and/or otherwise record me, my voice, likeness, images, photographs, biographical information, and other elements of identity (collectively, “My Identity”). I authorize and consent to allow each Authorized Person to edit any and all of the photographs, films, and/or recordings of My Identity and any transcripts derived therefrom, all as the Authorized Persons deems appropriate in its sole discretion. I irrevocably grant the Authorized Persons a perpetual, worldwide, unrestricted, and unlimited right to use, publish, reproduce, display, perform, exhibit, stream and/or distribute any and all of the photographs, films, and/or recordings of My Identity and my biographical information in any and all media now known or hereafter devised (together, the “Materials”) for marketing, advertising, promotional, publicity, and other purposes of Company, including without limitation in printed publications, on websites, on social media, and for training purposes. I further agree not to contest the rights or authority granted to the Authorized Persons hereunder and waive any right to inspect or approve the recordings, and modes of the use thereof as described above. I acknowledge and agree that I shall not be entitled to any compensation for my appearance at any Level99 Facility, including the Challenges, or subsequent use of my appearance in the Materials. I agree to sign any further documents that an Authorized Person may request to evidence, establish, maintain, or protect its rights in the Picture and the use of the Materials.
The forgoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the Commonwealth of Massachusetts, and if any portion thereof is held to be invalid, the balance shall, notwithstanding, continue in full force and effect. This Agreement is binding on my heirs, assignees, dependents, personal representatives and estate. No oral representations, statements, or inducements have been made to me in conflict with this Agreement or to cause me to enter into this Agreement.
If there are any disputes regarding this Agreement, the Challenges, or participation in any activity at any Level99 Facility, I on behalf of myself and/or the minors listed, hereby waive any right I and/or the minors listed may have to a trial and agree that such dispute shall be brought within one year of the date of this Agreement and will be determined by binding arbitration before one arbitrator to be administered by the American Arbitration Association pursuant to its rules and procedures. I further agree that the arbitration will take place solely in the state of Massachusetts and that the substantive law of Massachusetts shall apply.
I understand that by agreeing and accepting the terms of this Agreement in an electronic format (on-line, via a website, or at a touchscreen in the physical venue), the acknowledgement by me to the terms hereof will serve as, and have the same legal effect as, a physical signature of the document. I acknowledge and agree that this document is the entire Agreement between the undersigned and Releasees, and that this Agreement cannot be modified or changed in any way by the representations or statements of Releasees or any employee or agent of Releasees, or by the undersigned.

By digitally signing this document, I agree for myself and the minor(s) listed, that the terms and conditions herein will apply for each and every visit made to a Level99 Facility, and any and all activities at any Level99 Facilities in each instance.

I REPRESENT THAT I AM THE LEGAL GUARDIAN OF THE MINOR(S) NAMED OR THAT I HAVE BEEN GRANTED THE POWER OF ATTORNEY TO SIGN THIS AGREEMENT ON BEHALF OF THE PARENT OR LEGAL GUARDIAN OF THE MINOR(S) NAMED AND HAVE THE LEGAL CAPACITY TO EXECUTE THIS AGREEMENT ON THEIR BEHALF. IN THE EVENT THAT I DO NOT HAVE THE REQUISITE AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF THE MINOR(S) NAMED, I AGREE THAT I SHALL BE SOLELY LIABLE FOR ANY AND ALL ACTIONS, CAUSES OF ACTIONS, PENALTIES, CLAIMS, COSTS, SERVICES, COMPENSATION OR THE LIKE RESULTING FROM THIS MISREPRESENTATION. I AGREE TO BE CONTRACTUALLY BOUND BY THIS CERTIFICATION.

I HAVE READ THIS AGREEMENT, AND I UNDERSTAND IT IS A RELEASE OF ALL CLAIMS FOR INJURIES AND DAMAGES. I VOLUNTARILY SIGN MY NAME, ON BEHALF OF MYSELF AND ANY NAMED MINOR(S), EVIDENCING ACCEPTANCE OF THE PROVISIONS OF THIS AGREEMENT. IF UNDER 18 YEARS OF AGE, SIGNATURE OF PARENT OR GUARDIAN IS REQUIRED.

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First Participant's Name

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First Participant's Date of Birth*

First Participant's Contact Info

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First Participant's Signature*

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Second Participant's Name

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Second Participant's Contact Info

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Third Participant's Name

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Third Participant's Contact Info

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Fourth Participant's Name

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Fourth Participant's Date of Birth*

Fourth Participant's Contact Info

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Fifth Participant's Name

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Fifth Participant's Date of Birth*

Fifth Participant's Contact Info

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Sixth Participant's Name

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Sixth Participant's Date of Birth*

Sixth Participant's Contact Info

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Seventh Participant's Name

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Seventh Participant's Date of Birth*

Seventh Participant's Contact Info

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Eighth Participant's Name

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Eighth Participant's Date of Birth*

Eighth Participant's Contact Info

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Ninth Participant's Name

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Ninth Participant's Date of Birth*

Ninth Participant's Contact Info

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Tenth Participant's Name

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Tenth Participant's Contact Info

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Parent or Guardian's Contact Info

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Emergency Contact

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Emergency Contact's Name

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.

Parent or Guardian's Name

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Relationship*

Parent or Guardian's Date of Birth*

Parent or Guardian's Contact Info

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Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature instead of an original signature on paper. You will be emailed a PDF copy of your executed waiver for your records.

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