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2/23/2024
2/23/2024
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PLEASE READ AND SIGN THE WAIVER

THE ADVENTURE MUSEUM FACILITIES USE AGREEMENT 

 

Updated October 15, 2023 

 

The Adventure Museum, LLC d/b/a Amuse (“Amuse”) facilities in Memphis are located at 3115 Walnut Grove Road, Memphis, TN 38111 (the “Amuse Facilities”).  Amuse offers an immersive experience in social gaming, where you and fellow participants engage in themed adventures, competitive battles, and individual challenges that require a combination of physical, mental, and skill-based abilities (collectively, the "Games"). Participation in these Games involves interacting with unique and unfamiliar rooms and equipment.

 

PLEASE REVIEW THIS AGREEMENT CAREFULLY - IT CONTAINS IMPORTANT INFORMATION ABOUT THE GAMES AND REQUIRES A MANDATORY WAIVER AND RELEASE BEFORE ACCESSING THE AMUSE FACILITIES.

 

I, the undersigned, hereby declare that I am 18 years of age or older, and in cases where I am the legal guardian of any minors mentioned herein, I represent them as well. On behalf of myself and any named minors, I acknowledge and agree to the following:

  1. Physical and Mental Fitness. I confirm that neither I nor the named minors have any existing or prior medical or physical conditions that would hinder our ability to participate in the Games, pose a risk to our health, or endanger us or other participants while at the Amuse Facilities.
  2. Assumption Of Risks. I understand that the Games may be dangerous and that accidents can occur leading to personal injury, death, or damage to property. I understand that the Games involve inherent risks, including but not limited to:
    • Doors that open suddenly and unexpectedly
    • Unexpected steps and changes in floor elevation
    • Unique room structures, including moving elements and unusual doors
    • Objects that may be thrown or moved by myself or other people
    • Challenges requiring upper body strength
    • Moving or spinning surfaces
    • Uneven, wet, slippery surfaces and objects
    • Low ceilings, protruding objects, narrow passages
    • Loud sounds and bright, flashing lights
    • Low light conditions
  3. Risk Of Injury.  I acknowledge that participation in the Games carries the risk of physical and/or emotional injury, which may include sprains, strains, bruises, cuts, bone fractures, pinches, neck injuries, back injuries, paralysis, or death. I am aware of the risk of injuries such as fingers or body parts getting caught in doors or game elements.  I understand that there is a real risk of slips, trips, and falls that could lead to serious injuries.  I am also aware of the potential transmission of infectious diseases, including but not limited to COVID-19 and other pathogens.
  4. Limited Monitoring. I understand that certain Games are not continuously monitored by staff, whether through surveillance systems or in-person. In case of emergencies during a Game, I may use my cell phone or have a team member exit the room to seek assistance. I agree to take full responsibility for choosing my teammates, voluntarily participating, and assume the associated risks, as the actions of fellow participants cannot be reasonably predicted or controlled by Amuse.
  5. Responsibility For Minors. I FULLY COMPREHEND AND ACCEPT the aforementioned risks on behalf of myself and the named minors, and I acknowledge that our participation is entirely voluntary. Knowing these risks, I TAKE FULL RESPONSIBILITY for any bodily injury, death, and property damage for myself and the named minors, and I RELEASE Amuse (comprising The Adventure Museum, LLC and Puzzol Creative, LLC), its officers, owners, affiliates, agents, landlords, and employees (referred to collectively as "Releasees") from any and all loss, liability, injury, damage, or cost that may arise due to our presence in the Amuse Facilities and our participation in the Games, whether caused by the action, inaction, or negligence of the Releasees or any other reason.
  6. Release And Covenant Not To Sue. I hereby WAIVE, FOREVER RELEASE, and AGREE NOT TO SUE the Releasees, their employees and agents, as well as any property owners and all affiliated parties, from any liability, claims, demands, actions, or rights of action connected to my/our participation in the Games. This includes, but is not limited to, the risks outlined above, the actions or negligence of Releasees, latent or apparent defects or conditions in equipment, property, or the Amuse Facilities, the conduct of co-participants, and first aid or emergency services provided by or withheld by Releasees, or their agents or employees. I also agree for myself, my heirs and representatives, and/or the minor(s) instead, to give up the legal rights identified, which include the right to file any legal action for personal injury, survivor actions, wrongful death, and any and all other claims that could be legally made relating tot injury, property damage, or death.
  7. Indemnification. 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 named minor(s).  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 while at the Amuse Facilities.
  8. Compliance With Rules. On behalf of myself and the named minors, I commit to reading and adhering to all written and oral rules, instructions, and signage posted at the Amuse Facilities, whether on-site or available on the Amuse website. I understand that each Game will provide information about whether it involves physical, mental, and/or skill-based activities.
  9. Media Release. I provide The Adventure Museum, LLC operating as Amuse and its affiliates and designees (collectively referred to as "Authorized Persons") with the authorization to photograph, film, or otherwise record me, my voice, likeness, images, photographs, biographical information, and other elements of identity (collectively, "My Identity"). I consent to allowing each Authorized Person to edit these recordings and grant them the unrestricted right to use, publish, reproduce, display, perform, exhibit, stream, and distribute these materials for various purposes, including marketing, advertising, promotion, publicity, and training, in any media, now known or developed in the future. I agree not to contest these rights or the use of the materials and waive any right to inspect or approve the recordings. I understand that I will not receive compensation for my appearance at the Amuse Facilities or the subsequent use of my likeness in these materials. I also agree to sign any additional documents requested by an Authorized Person to protect their rights in the materials.
  10. Binding And Enforceable. This release, waiver, and indemnity agreement is intended to be as broad and comprehensive as permitted by Tennessee law. If any part of it is found to be invalid, the remainder shall remain in full force. This Agreement is binding on my heirs, assignees, dependents, personal representatives, and estate. No oral representations or statements have been made to me that conflict with this Agreement.
  11. Dispute Resolution. Any disputes concerning this Agreement, the Games, or participation in any Amuse Facilities activities will be resolved through binding arbitration in the state of Tennessee, in accordance with the rules and procedures of the American Arbitration Association, applying Tennessee law. I agree that any dispute must be brought within one year of the date of this Agreement.
  12. Electronic Signature. I understand that by agreeing to this Agreement in an electronic format (on a website, or at a touchscreen on-site), my acceptance of the terms is legally equivalent to a physical signature. This Agreement represents the entire understanding between me and the Releasees and cannot be altered by representations or statements made by Releasees or their agents or employees.

By digitally signing this document, I agree for myself and that minor(s) listed that the terms and conditions outlined herein will apply to each and every visit to the Amuse Facilities and all activities within. 

 

I WARRANT THAT I AM EITHER THE LEGAL GUARDIAN OF THE NAMED MINORS OR HAVE BEEN GRANTED POWER OF ATTORNEY TO SIGN ON BEHALF OF THEIR PARENT OR LEGAL GUARDIAN. I ACCEPT SOLE LIABILITY FOR ANY CONSEQUENCES RESULTING FROM MISREPRESENTATION OF MY AUTHORITY, INCLUDING ALL ACTIONS, CAUSES OF ACTIONS, CLAIMS, COSTS, PENALTIES, COMPENSATION AND SERVICES FROM ANY MISREPRESENTATION. I AGREE TO BE LEGALLY BOUND BY THIS CERTIFICATION.  

 

I HAVE READ THIS AGREEMENT, AND I UNDERSTAND THAT IT CONSTITUTES A RELEASE OF ALL CLAIMS FOR INJURIES AND DAMAGES. I WILLINGLY SIGN ON BEHALF OF MYSELF AND THE NAMED MINORS, INDICATING ACCEPTANCE OF THE PROVISIONS IN THIS AGREEMENT. 

 

IF UNDER 18 YEARS OF AGE, PARENT OR GUARDIAN'S SIGNATURE IS REQUIRED.