1. 1IN FULL AND COMPLETE CONSIDERATION OF Prototype Escape Games, LLC, and each of their members, principals, subsidiaries, affiliates, employees, agents, representatives, producing partners, financiers, successors, licensees, and assigns, and all of their subsidiaries, affiliates, employees, members, principals, agents, representatives, producing partners, financiers, successors, licensees, and assigns, which shall all be third party beneficiaries hereof) (collectively, “Prototype Escape Games”) allowing me to participate in The Cannibals In The Catacombs Experience (the “Experience”), I, on behalf of myself and my personal representatives, heirs, and next of kin (hereinafter collectively the “Releasing Party”), hereby acknowledge and agree as follows:
2. Releasing Party hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Prototype Escape Games, and/or any affiliate and/or media telecasting or otherwise distributing an audiovisual program based on the Experience in which I may appear (the “Program”, as more fully discussed below) in any and all media or formats; any licensees, assignees and/or sub-distributors of the Program; and/or each of their affiliated owners, parents, subsidiaries, licensees, shareholders, officers, directors, managing agents, employees, independent contractors, members, agents, attorneys, investors, affiliated organizations and entities; or any other persons assisting or participating in their activities, including the Experience (collectively hereinafter “Releasees”): FROM ALL LIABILITY OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FOR ANY AND ALL PRESENT OR FUTURE LOSS OR DAMAGE, AND ANY CLAIMS, LIENS, DEMANDS, CAUSES OF ACTION, DEBTS, LIABILITIES, EXPENSES INCLUDING COURT COSTS AND ATTORNEYS FEES, SUITS OR JUDGMENTS THEREFROM (collectively hereinafter “Liability”) ON ACCOUNT OF ANY PERSONAL INJURY, INJURY TO PERSONAL PROPERTY, OR RESULTING IN DEATH ARISING OUT OF OR RELATED TO THE EVENTS, RELEASEES’ NEGLIGENCE, AND/OR RELEASING PARTY’s presence in or upon the premises and facilities and locations where the Experience is or will be taking place. This includes, without limitation, Liability for or arising from:
a) Premises liability;
b) Active or passive conduct;
c) NEGLIGENCE in the failure to warn or in the selection, assembly, use and/or maintenance of any equipment, facility or services in connection with the Experience;
d) NEGLIGENCE in the enforcement or implementation (of failure to enforce or implement) any rules, regulations, guidelines, conditions, or procedures concerning the Experience;
e) NEGLIGENCE in the failure to warn the Releasing Party regarding any condition or circumstance of the Experience or regarding the use of any product, facility, or service associated with the Experience;
f) NEGLIGENCE regarding the giving (or failure to give) advice, instructions, training, or recommendations by Releasees regarding the Experience; and/or
g) NEGLIGENT RESCUE OPERATIONS or efforts by Releasing Party or others present on the premises.
3. Releasing Party hereby specifically AUTHORIZES AND CONSENTS TO the on-set production team providing and/or arranging for MEDICAL CARE OR TREATMENT OR EMERGENCY MEDICAL SERVICES OR RESCUE EFFORTS in the event of an emergency or in the event of an injury or medical condition that develops or occurs during participation in the Experience or during the Releasing Party’s presence in or upon the premises, facilities, and locations where the Experience is or will be taking place. Releasing Party expressly WAIVES AND RELEASES AND AGREES TO HOLD RELEASEES HARMLESS from and against any and all liability arising therefrom.
4. Releasing Party hereby acknowledges and understands participating in the Experience can be EXTREMELY DANGEROUS AND RISKY and could result in PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE. The Experience may involve, without limitation, foul language, touching, shoving, foul scents, electrical shock, dizziness, loud noises, claustrophobia, strobe lights, lasers, projectiles, child abuse and post-traumatic stress disorder, and otherwise engaging in physical, emotional, and strenuous activities and/or using equipment and facilities related to these Experience, all of which can result in DISABILITY, DISFIGUREMENT, SERIOUS PHYSICAL OR MENTAL OR EMOTIONAL INJURY, DEATH, OR PROPERTY DAMAGE. Releasing Party further acknowledges that by participating in the Experience, Releasing Party may be touched, directed physically or yelled at during the Experience. This Agreement also constitutes an express and contractual ASSUMPTION OF ALL RISKS AND DANGERS associated with the Experience, including injuries or harm that may arise from the negligence of the Releasees. Additionally, the Experience will also include the use of varying types and styles of equipment, tools and props. Releasees do not make any warranties or representations about said equipment, tools, props, premises, locations, and/or facilities.
5. Releasing Party acknowledges that participation in the Experience is NOT RECOMMENDED for pregnant women or visitors who have mental or heart conditions, have a pacemaker, are prone to seizures or are not physically fit.
6. Releasing Party acknowledges that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. I acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that I will expose others that I later encounter, even if I am not experiencing or displaying any symptoms of illness myself. By visiting and/or participating in the event and/or attractions at Prototype Escape Games, I agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of myself or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of Prototype Escape Games, its parent corporations, affiliates, officers, directors, employees and landlord. I acknowledge that my visit and participation are entirely voluntary. On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge Prototype Escape Games its parent corporations, affiliates, officers, directors, employees and landlord, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of Prototype Escape Games, its parent corporations, affiliates, officers, directors, employees and landlord, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my visit to and/or participation in event and/or attractions at Prototype Escape Games.
7. Releasing Party acknowledges that there may be undefined and presently unknown risks and dangers associated with the Experience and that there may be risks and dangers that may result from negligence of the Releasees, the production team for the Program and/or any other person working with or in connection with Prototype Escape Games. This includes, without limitation, the potential negligence in the implementation or enforcement of (or failure to implement or enforce) any rules, regulations, guidelines, advice, training, instructions, or recommendations related to the Experience, the potential negligence related to the operation, design, or maintenance of the Experience and associated facilities, and/or the potential negligence in the selection, use, or maintenance of any premises, location, facility, equipment, or service related to the Experience. RELEASING PARTY HEREBY EXPRESSLY ASSUMES ALL SUCH RISKS AND DANGERS WHETHER PRESENTLY KNOWN OR UNKNOWN AND EXPRESSLY RELEASES RELEASEES FROM ANY AND ALL INJURY, HARM AND/OR DAMAGE RESULTING FROM SUCH NEGLIGENCE AND RELATED TO RELEASING PARTY’S PARTICIPATION IN THE EVENTS.
8. Releasing Party is participating in the Experience at Releasing Party’s own volition and is not participating or engaging in the Experience at the request or on behalf of Prototype Escape Games or the Releasees. Releasing Party acknowledges that it is his or her responsibility to do all of the following: (a) fully disclose to Prototype Escape Games any health issues or medications that are relevant to participation in the Experience; (b) inform Prototype Escape Games if there are any activities or aspects of the Experience about which the Releasing Party does not feel comfortable; (c) cease participation and promptly report any physical discomfort, illness or complications; and (d) clear his or her participation with his or her personal physician. Releasing Party expressly acknowledges that none of the Releasees has made, or will make, any investigation into Releasing Party’s physical fitness or emotional, health or ability to participate in the Experience. Releasing Party also acknowledges that he or she bears full responsibility to become aware of and familiar with any and all rules, regulations, and instructions relating to the Experience, and to follow such rules, regulations and instructions. For the avoidance of doubt, it is the Releasing Party’s right and responsibility to cease participation in the Experience should the Releasing Party feel any physical or mental discomfort or complications while engaging in the Experience, including but not limited to, physical/mental/emotional discomfort, illness, complications or safety concerns. Releasing Party acknowledges that he or she has been informed of the SAFE WORD, “MERCY”, which may be said AT ANY TIME if Releasing Party would like to cease his or her participation in the Experience.
9. Releasing Party fully acknowledges and understands that participation in the Experience will involve physical and strenuous activity and dangerous and changing circumstances and conditions. Releasing Party has taken it upon himself or herself to be fully informed of the numerous inherent risks and potential dangers associated with the Experience, including the RISK OF BEING INVOLVED IN AN ACCIDENT AND SUFFERING SEVERE PERSONAL INJURY OR DEATH. Releasing Party acknowledges that he or she has been informed that his or her PERSONAL SAFETY CANNOT BE GUARANTEED. Releasing Party acknowledges that his or her participation in the Experience is completely voluntary, and he or she believes that the potential benefits of participation outweigh the risks and danger associated with the Experience. Releasing Party acknowledges that he or she has not been coerced or convinced by Releasees, Prototype Escape Games or anyone else to participate in the Experience. Releasing Party acknowledges that he or she has been able to ask questions regarding the Experience, and that all questions have been answered.
14a. Releasing Party hereby agrees to DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the Releasees from any Liability (including from court costs and attorneys’ fees) arising out of or related to this Agreement or Releasing Party’s participation in any way in the Experience and/or Releasing Party’s presence in or upon the premises and facilities and locations where the Experience are or will be taking place. Releasing Party also hereby agrees to DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the Releasees from any Liability (including from court costs and attorneys’ fees) caused by or arising out of any statement, action or failure to act by Releasing Party during or in connection with Releasing Party’s participation in the Experience, a breach of this Agreement, and/or arising out of Releasing Party’s improper, tortious, and/or criminal conduct.
10. Releasing Party agrees and understands that this Agreement shall be governed by and interpreted under the laws of Florida. This Agreement is intended to operate and be construed as broadly as allowed under Florida law, and any dispute regarding the enforceability of this Agreement shall be filed in the courts of the County of Duval in the State of Florida and shall not be transferred to any other state or jurisdiction.
11. Releasing Party agrees and understands that this Agreement is intended to be fully severable and that if any portion of this Agreement is found to be void or invalid, the remainder of the Agreement shall be enforced to the fullest extent of the law. That shall include modifying the Agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy.
12. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT THIS IS AN IMPORTANT LEGAL DOCUMENT. I FURTHER UNDERSTAND THAT BY SIGNING THE AGREEMENT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHTS OF MY FAMILY. I SIGN THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
13. I further agree that no oral representations, statements or inducements, apart from the foregoing written Agreement, have been made to me. I was given ample opportunity to read the Agreement and/or have it reviewed by legal counsel of my choice. I was also offered a copy of this Agreement.