WAIVER OF LIABILITY & REIMBURSEMENT FOR DAMAGES

No. 1 Escapes, Inc.

ASSUMPTION OF RISK, WAIVER OF LIABILITY & REIMBURSEMENT FOR DAMAGES

 

As a condition to the undersigned’s participation in services offered by, or use of facilities, premises, or equipment owned, operated or controlled by No. 1 Escapes, Inc.  , LLC, its subsidiaries or affiliates (including  No. 1 Escapes, Inc. ) (collectively, “ No. 1 Escapes, Inc.”), and in consideration thereof, the undersigned person, on behalf of himself or herself and his or her representatives, minor child (if a “Minor Child Authorization” is attached hereto), affiliates, heirs, successors and permitted assigns (collectively “I” and the forms “me” and “my”), hereby represents, warrants and covenants as follows (the “Release”):

I am aware that interacting with  No. 1 Escapes, Inc. ’s facilities, premises, equipment, amenities and services may involve actual physical interaction with different exhibits that each incorporate the use of different materials including, but not limited to, food, food-related substances, lights, chemicals, etc. and use of any and all facilities, premises, equipment, amenities and services thereof (collectively, “Covered Activities”) involves inherent risks that may result in serious illness, injury, death, or property damage. I acknowledge that these inherent risks include, but are not limited to, the risks of property damage, illness, bodily injury, allergic reaction, dismemberment, disability, heart attack, stress, possible paralysis, seizures, hearing loss (due to loud music or background noise) or death. I understand that: (i) certain  No. 1 Escapes, Inc. facilities and/or exhibits UTILIZE LIGHTING AND VISUAL STIMULI THAT MAY CAUSE A VERY SMALL PERCENTAGE OF PEOPLE TO EXPERIENCE A SEIZURE; (ii) even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” when exposed to certain visual images, including flashing lights and seizures may have a variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. I acknowledge that I am knowingly and voluntarily participating in the Covered Activities with knowledge of the risks and hazards inherent in or potentially caused by such Covered Activities. I acknowledge that I have been given the opportunity to ask questions concerning the Covered Activities, and all such questions have been answered to my satisfaction. I further represent that I am in good physical and mental health and that I do not suffer from any physical or mental impairment, disease, ailment, injury or other condition that limits my ability to participate in the Covered Activities.

I acknowledge that my participation in any of the Covered Activities is completely voluntary, that I am fully aware of the risks and hazards associated with the Covered Activities, and hereby elect to voluntarily assume all such risks and voluntarily attend and/or participate in the Covered Activities as evidenced by execution of this Release. I further agree to indemnify and hold harmless any and all of the Released Parties from any and all liabilities, claims, demands, expenses, damages, losses, causes of action, attorneys’ fees and costs of defense for, or on account of, death, personal injury, property damage and any other loss of any kind resulting from or related to: (i) my participation in the Covered Activities; (ii) my presence at any facility; or (iii) my breach of the terms and conditions of this Release.

I grant the Released Parties permission to authorize emergency medical treatment as the Released Parties deem appropriate and agree that such authorization by the Released Parties shall be subject to the terms of this Release. I understand and agree that the Released Parties assume no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment. I accept personal responsibility for the payment of all of my own medical and emergency expenses in the event of accident, illness, or other incapacitation, regardless of whether or not I have authorized such expenses at the time they are incurred.

I acknowledge that I have been urged to avoid bringing valuables to any  No. 1 Escapes, Inc. facilities or premises and that  No. 1 Escapes, Inc. will not be liable for the loss of, theft of, or damage to my personal property, including, without limitation, items left bathrooms, at any exhibit or anywhere else on  No. 1 Escapes, Inc.’s premises. I acknowledge that no portion of any fees paid by me to  No. 1 Escapes, Inc. is in consideration for the safeguarding of valuables.

I understand that this Release extends forever into the future and will have full force and legal effect each and every time I visit any  No. 1 Escapes, Inc. facility or location, or otherwise participate in Covered Activities.

I further state that I am of lawful age and legally competent to sign this Release (or, if I am under 18 years old, I have directed my parent or legal guardian to sign this Release on my behalf). I have carefully reviewed this Release, fully understand the terms and conditions hereof, and have had the opportunity to consult with legal representation, or have knowingly chosen not to do so, prior to entering into this Release. I understand that the terms herein are contractual and not a mere recital, and that I have signed this Release of my own free act, and with knowledge that I hereby agree to waive my legal rights. This Release constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral, written or implied, between me and  No. 1 Escapes, Inc.  concerning the subject matter hereof. This Release shall be amended or modified only through a written agreement signed by me and  No. 1 Escapes, Inc. No statements other than within this Release shall be relevant to reduce this Release’s effect and enforcement on me. This Release is binding upon and shall inure to the benefit of the Released Parties.

The laws of the State of California shall govern: (i) the validity and interpretation of this Release; (ii) the performance by the me and No. 1 Escapes, Inc.  of our respective duties and obligations hereunder; and (iii) all other causes of action (whether sounding in contract or in tort) arising out of or relating in any manner this Release.

Any and all disputes or claims (including, but not limited to, third-party claims) arising under, concerning, or relating to this Release, its interpretation, its validity (including, but not limited to, any claim that all or any part of this Release is void or voidable), or the subject matter hereof will be resolved by confidential and binding arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the arbitration rules of the American Arbitration Association. The arbitration, including the rendering of the award, shall take place in  California  , United States, and shall be the exclusive forum for resolving any such dispute, controversy, or claim. Disputes about arbitration procedure shall be resolved by the arbitrator. The arbitrator may proceed to an award notwithstanding the failure of the other party to participate in the proceedings. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration shall be split by the parties and each party shall be responsible for their respective attorneys’ fees and expenses. The decision of the arbitrator shall be the sole and exclusive remedy of the parties and shall be enforceable in any court of competent jurisdiction. I UNDERSTAND THAT BY AGREEING TO ARBITRATION IN THE EVENT OF A DISPUTE BETWEEN ME AND ANY RELEASED PARTIES, I AM EXPRESSLY WAIVING MY RIGHT TO REQUEST A TRIAL BY JURY IN A COURT OF LAW. If, notwithstanding the arbitration provisions of this Release, a party shall succeed in bringing an action relating to any matter or dispute in connection with this Release in a court of law, then the venue for resolution of such matter or dispute shall be the State or Federal Courts located in California  .

Any provision of this Release that is prohibited or unenforceable in California or in any other jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. I acknowledge that it is my intention to provide a release of claims to the Released Parties to the fullest extent permitted by law. To the degree that an arbitrator or court determines that any provision of this Release is partly or wholly unenforceable, such provision shall be re-written by the arbitrator, court or other tribunal interpreting the same such that it becomes enforceable and most closely approximates the intent of the parties hereto.

PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under age of 18)

In consideration of (“Minor”) being permitted by  No. 1 Escapes, Inc.  to participate in its activities, I further agree to
indemnify and hold harmless  No. 1 Escapes, Inc. from any and all claims which are brought by, or on behalf of
Minor, and which are in any way connected with such use or participation by Minor.

I understand and agree that if I damage or break art installations in the museum I am liable to pay for the repairs.  No. 1 Escapes, Inc.  reserves the right to take me to a court or have its insurance company sue me to recover any damages.

*Customers will be responsible for paying at cost for any broken props anywhere from $50-500

By signing this document via signature or electronic means, I am accepting this Release. I understand that I may be found by a court of law to have forever waived any right that I or my child(ren) may have to maintain any action against the Released Parties on the basis of any claim from which I have released such Released Parties herein. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. I understand and agree that I may be asked to update this waiver from time to time (which shall be determined at  No. 1 Escapes, Inc. (or its applicable representative’s, affiliate’s, parent/holding company’s, or subsidiary’s) sole and absolute discretion) and further hereby agree to conduct such transaction by electronic means. By providing my phone number and email address to  No. 1 Escapes, Inc. I expressly consent to receive phone calls and emails from No. 1 Escapes, Inc.   reserves the right to review my driver’s license and/or other forms of identification in order to verify my identity.

I CERTIFY THAT I AM THE AUTHORIZED USER ON THE CREDIT CARD THAT WAS USED TO PURCHASE AND I PROMISE TO PAY THE  No. 1 Escapes, Inc.  FOR THE SERVICES RENDERED.

I CERTIFY THAT I AM THE PERSON BELOW AND BY ENTERING THE MUSEUM & PURCHASING A TICKET, I AGREE & MY PARTY AGREES TO AND UNDERSTAND THE PROVISIONS OF THIS WAIVER AND INTEND TO BE LEGALLY BOUND BY ITS TERMS.
(PLEASE INPUT FIRST AND LAST NAME, SIGN & DATE IN FIELDS BELOW):

BY ENTERING THE ESCAPE ROOM AND CHOOSING TO VISIT, I AGREE & MY PARTY AGREES TO AND UNDERSTAND THE PROVISIONS OF THIS WAIVER AND INTEND TO BE LEGALLY BOUND BY ITS TERMS.