RELEASE AND WAIVER OF LIABILITY AND
INDEMNIFICATION AGREEMENT
(READ CAREFULLY BEFORE
SIGNING)
1. I, the undersigned (the “Participant”),
being eighteen (18) years of age or older acknowledge that I, on behalf of
myself, and/or on behalf of my minor child(ren), have voluntarily agreed to
participate Escape Room Experiences (collectively, the “Activities”) to be
conducted by Puzzle Room Reno LLC, a Nevada limited liability company DBA Puzzle Room Reno (hereinafter referred to as the “Company”).
2. Participant understands, is
aware, acknowledges and agrees that participation in any of the Activities has
inherent risks, hazards and dangers (collectively, the “Risks”) that cannot be
eliminated, including, without limitation:
(a) the risk of handling items (including,
without limitation, heavy and/or sharp items) in the Participant’s possession;
(b) the Participant’s hearing being
temporarily or permanently impaired due to the high levels of noise;
(c) the Participant being involved in slips,
falls, collisions or contacts with other participants;
(d) the Participant being injured as a result
of hyperventilation, heart attack or panic, due to the physically strenuous
nature of the Activities;
(e) personal injury, death, property damage
and/or loss resulting therefrom
I understand these risks, hazards and dangers may be caused by the
action, inaction or negligence of Participant or the action, inaction or
negligence of others, including, without limitation, the Releasees named below.
3. Participant should
not participate in any of the Activities if:
(a) the Participant is or will be under the
influence of alcohol, drugs, or medication during the Activities;
(b) the Participant does not fully understand
or comprehend any rules, instructions, or directions given during or before the
Activities; or
(c) the Participant has any physical or mental
injury, impairment or condition that would prevent him or her from
participating fully in the Activities.
4. Participant
agrees, to the full extent of the law, to assume all of the Risks associated
with the Activities and to fully and forever waive, defend, protect, indemnify
and hold harmless, release and discharge the Company and its officers,
directors, managers, members, affiliates and subsidiaries, and each and all of
their respective predecessors, successors, assigns, heirs, executors,
administrators, beneficiaries, agents, estates, trustees, insurers,
contractors, employees, volunteers, customers, and invitees (collectively the “Releasees”),
from and against, and shall pay to the Releasees the amount of, or reimburse
the Releasees for (which such obligation to pay or reimburse the Releasees
shall apply and pertain to each and every indemnification obligations of
Participant in favor of the Company and the other Releasees hereunder) any and
all claims, damages, expenses (including actual attorneys’ fees, whether or not
in connection with litigation), demands, rights of action or causes of action,
present or future, known or unknown, anticipated or unanticipated, to the
Participant, Participant’s personal representatives, assigns, executors, heirs
and next of kin, arising out of, in connection with or in any way relating to
or resulting from Participant’s participation in any of the Activities.
Participant acknowledges that he/she has carefully read this RELEASE AND WAVIER
OF LIAIBILITY AND INDEMNIFICATION AGREEMENT (this “Waiver and Release”) and
fully understands that it is a waiver and release of any and all liability. Participant acknowledges and agrees that in
order to participate in the Activities, he/she must execute, deliver and be
bound by the terms of this Waiver and Release.
5. Participant
agrees, to the full extent of the law, that if, despite this Waiver and
Release, Participant, his/her child or ward, or anyone on any of their behalf,
makes a claim against any of the Releases, PARTICIPANT AGREES TO INDEMNIFY,
DEFEND, PROTECT, SAVE AND HOLD HARMLESS THE RELEASEES AND EACH OF THEM FROM ANY
LITIGATION EXPENSES, ACTUAL ATTORNEYS’ FEES (WHETHER OR NOT IN CONNECTION WITH
LITIGATION), LOSS, LIABILITY, DAMAGE, OR COST ALLEGED AGAINST THEM OR THEY MAY
INCUR DUE TO THE CLAIM MADE AGAINST ANY OF THE RELEASEES NAMED ABOVE, WHETHER
THE CLAIM IS BASED ON THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
6. Participant agrees
that this Waiver and Release contains the entire agreement between the parties
hereto and that it is intended to be as broad and inclusive as permitted by the
laws of the State of Nevada, which govern this Waiver and Release and all
matters arising out of or pertaining hereto without giving effect to any choice
or conflict of law provision or rule, and that if any portion is held invalid,
it is agreed that the balance shall, notwithstanding, continue in full legal
force and effect. Any legal suit, action
or proceeding arising out of or relating to this Waiver and Release or the
Activities be instituted in the federal courts of the United States of America
or the courts of the State of Nevada in each case located in the City of Reno
and County of Washoe, and Participant irrevocably submits to the exclusive
jurisdiction of such courts in any such suit, action or proceeding. Participant
irrevocably and unconditionally waives any objection to the laying of venue of
any suit, action or proceeding in such courts and irrevocably waives and agrees
not to plead or claim in any such court that any such suit, action or
proceeding brought in any such court has been brought in an inconvenient forum.
7. Participant gives
the Company irrevocable permission to capture and use any images, pictures,
video, or other recordings or media (collectively, “Media”) taken during
Participant’s visit, including those of Participant, for marketing purposes,
and acknowledge and agree that the Company shall be the sole owner of all such
Media. By providing your email address you agree to receive future emails from
the Company that can include, but are not limited to, marketing advertisements.
You have the opportunity to opt-out of such emails in the future.
BY EXECUTING WAIVER AND
RELEASE, I REPRESENT AND WARRANT TO THE COMPANY THAT I (1) AM OF THE FULL AGE
OF MAJORITY, (2) AM THE PARENT OR LEGAL GUARDIAN TO THE CHILD(REN) NOTED BELOW
(IF ANY), (3) HAVE READ AND UNDERSTAND THIS WAIVER AND RELEASE, AND (4) AM NOT
UNDER THE INFLUENCE OF ANY SUBSTANCES THAT COULD AFFECT OR IMPAIR MY MOTOR
SKILLS, JUDGMENT, OR GENERAL ABILITY TO THINK CLEARLY, INCLUDING, WITHOUT
LIMTIATION, ALCOHOL, ILLICIT DRUGS, OR PRESCRIPTION DRUGS.
READ CAREFULLY BEFORE SIGNING
Please select who will be participating:
First Minor's Information
Second Minor's Information
Third Minor's Information
Fourth Minor's Information
Fifth Minor's Information
Sixth Minor's Information