RELEASE AND WAIVER
In consideration of my myself or my child’s (or children’s) participation in the Escape Room Activity (the “Activity”) owned and operated by Just Encase Escape Games, LLC, and/or its owners, agents, officers, representatives, employees, volunteers, affiliates, successors and assigns (hereinafter collectively referred to as “JEEG”), I, the below-signed Participant or parent or authorized guardian, for myself, my below-named child (or children), and for our heirs, successors, assigns, parents, next-of-kin, personal representatives and estate (hereinafter collectively referred to as “our Heirs”), agree as follows:
1. Release. In consideration of being able to participant, or below-named child (or children) being able to participate in the Activity, I, and our Heirs, release and discharge JEEG from all present and future liability for any claim, demands or causes of action arising from, or relating to, participation in the Activity, including, without limitation, all claims for physical or mental injury and any claims alleging negligent acts or omissions by JEEG.
1a. I hereby grant permission to JEEG to use photographs and/or video of me taken at JEEG establishment(s) in any advertisement publications, news releases, online, and in other communications related to the mission of JEEG advertising.
2. Damaged Caused by Me. I assume and bear all risk and costs of any injury or damage I may cause or that my child (or children) may cause to other persons or property as a result of participation in the Activity. I also agree to reimburse JEEG at full retail value for any loss or damage of any kind that I cause or my child (or children) cause to the JEEG facilities or equipment, other than normal and expected wear and tear.
3. Attorney Fees/Venue/Waiver of Jury Trial. I agree that if JEEG is required to enforce this agreement, or to defend against an action brought by me or on behalf of my child (or children), or to defend an action brought against JEEG by third parties for damages caused by me or my child (or children), I will indemnify JEEG against, and hold JEEG harmless from the same, and I will reimburse JEEG for all related attorney fees and costs, including fees and costs through appeal and bankruptcy. I agree that any legal proceedings I institute against JEEG must be brought only in Clay County, Florida, and that the law of Florida will govern any such proceedings. Furthermore, I knowingly, intentionally, voluntarily, and irrevocably WAIVE THE RIGHT TO A TRIAL BY JURY for any action relating to this agreement or to my participation in the Activity. This waiver is a material inducement for entering into this agreement.
4. Refunds. No refunds: We do not provide refunds for missed bookings, nor late arrivals. As a courtesy to other guests, please be sure you are on time.
5. No False Imprisonment. I acknowledge that I or my child (or children) are not being trapped, restrained or imprisoned as part of the Activity, and that I or my child (or children) have the option to leave the Activity and the premises of JEEG at any time if desired. Simulated confinement is an inherent part of the Activity, and does not constitute actual confinement, or restriction of my movement or freedom. If I allow the staff to handcuff me for a particular room (Kidnapped) I am consenting and allowing them to do so under my free will. I understand I can ask the staff to remove the handcuffs at anytime I wish. I also understand I can refuse the handcuffs as well and do the room without them.
6. Refuse Service. We reserve the right to deny entry into any of our rooms if you are heavily under the influence of drugs or alcohol. If we suspect you or any person in your party is under the influence, or behaving in a manner we deem inappropriate, you will be refused entry, or if your game is in progress, it will be ended immediately. NO refunds will be given.
I UNDERSTAND THAT BY VOLUNTARILY SIGNING THIS DOCUMENT, I AM GIVING UP CERTAIN VALUABLE LEGAL RIGHTS AGAINST JEEG FOR MYSELF AND MY CHILD (OR CHILDREN). I have fully read this document and understand the legal consequences, including my waiver of a right to a jury trial. I acknowledge that I have had an opportunity to ask questions regarding this Release and Waiver, and that I or my child (or children) have the ability to refuse to participate in the Activity if I do not agree to the conditions of this Release and Waiver.
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NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
Pursuant to Florida Statues §744.301
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 JEEG 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 JEEG IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND JEEG HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Parental Authorization for Minor Child: I hereby certify that I am the parent or legal guardian for the below listed minor child (or children). I have read and understand this agreement, and I am aware of the risks involved for my child (or children) to participate in the Activity. I consent to my child’s (or children’s) participation, and accept all of the terms and conditions of this Release and Waiver on behalf of the listed minor(s). I have the authority and consent of any other parents or legal guardians to execute this agreement on behalf of the listed minor(s). I agree to supervise the listed minor(s), and ensure compliance with the safety rules and the terms of this Release and Waiver.