PROTOTYPE ESCAPE GAMES Agreement of Release, Indemnity, and Assumption of Risk
Read this agreement carefully before you sign it. This is a binding agreement by you in favor of the Operators (as defined below) for all of your activities at Prototype Escape Games LLC dba Prototype Escape Games, Blackout, Locker Room, Dog Days, and Cannibals In The Catacombs, (collectively the “Escape Room”). You are signing this agreement in exchange for being allowed to enter the Escape Room and to perform activities there.
1. Disclosure of Risks. I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS ESCAPE ROOM EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I certify that I understand this activity has potential risks including but not limited to:
1) Tripping or other personal injury
2) Moving or lifting heavy objects
3) Mental stress and anxiety
4) Being in a reasonably small space with other people
5) Running into objects
6) Possibility of falling objects
7) Possibility of seizure due to strobe light effects; aggravation of preexisting medical conditions of any kind.
8) Exposure to pathogenic viruses
Equipment of any kind may malfunction, be defective, or fail, and safety equipment may not adequately protect you. Patrons may perform activities out of control or beyond their physical limits, or otherwise act in a negligent, reckless, or intentional manner which contributes to the injury or death of themselves or other patrons. Staff, patrons, and other individuals may act negligently, recklessly, or wrongfully. The Escape Room may fail to warn patrons of certain risks, and one activity might possess different risks than another. Therefore, you will participate in all activities at the Escape Room at your own risk. I understand and appreciate all of these risks and the possible outcomes, understand that this is not a complete list and there may be unknown or unanticipated risks, and I voluntarily choose to participate nonetheless.
2. Assumption of Risk. To the maximum extent permitted by law, I acknowledge, comprehend, and assume all risks of injury, death, and property loss and damage to me while at the Escape Room, regardless of whether inherent or described in this agreement
3. Waiver, Release, Covenant Not to Sue, and Indemnification. I agree to each of the following for the benefit of Prototype Escape Games, LLC, and their respective owners, successors, affiliates, managers, officers, and employees (all being collectively referred to as the “Released Parties”):
A) I waive all right to pursue any and all claims against the Released Parties for losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses through all levels of litigation and adjudication (including appeal)) for personal injury (including emotional injury and/or death), property loss and damages, and all other liabilities, claims, demands, actions, and causes of action whatsoever in any way relating to my activities at the Escape Room (collectively “Losses”);
B) I release and covenant to not sue all Released Parties for Losses, and I will not voluntarily participate in any proceeding seeking Losses from a Released Parties;
C) I will indemnify, protect, defend, and hold harmless all Released Parties from and against all Losses asserted against or incurred by any of them, regardless of whether such Losses are suffered or caused by me and regardless of who asserts them.
D) My insurance company shall not have, and I hereby waive, any rights of subrogation against the Escape Room or any Released Parties on account of any Losses. These waivers, releases, covenants, and obligations include all claims that are based upon the negligence, gross negligence, willful or wanton conduct, intentional conduct of the Escape Room or any Released Parties, or by any other cause not expressly stated in this agreement, to the maximum extent permitted by law.
4. Other Provisions.
A) I have verified with a medical doctor that I am in a physical condition that is suitable and safe for me to conduct all activities that I will conduct at the Escape Room. Prior to commencing each activity at the Escape Room, I will notify staff about any preexisting medical condition. If I do not feel physically capable of performing an activity at the Escape Room, I will refrain from that activity. I will utilize all appropriate safety devices at each Escape Room. I understand that certain activities at the Escape Room require different skill levels, and that for my own safety I will only participate in activities and use systems for my skill level. I agree to read and obey all safety rules that are posted at the Escape Room or available online and all instructions by staff at the Escape Room. I will not use any equipment in any ways other than as intended or as instructed by staff at the Escape Room.
B) If any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected and the term in question shall be valid and enforced to the fullest extent permitted by law. This agreement is governed by the law of the State of Florida, and all disputes shall be resolved in state or federal courts located in Duval County, Florida. I am eighteen (18) years of age or older, and I have full legal capacity to execute this agreement; or my parent or legal guardian has signed this agreement on my behalf. This agreement will remain in full force and effect and apply to all of my visits to the Escape Room once I sign it. I may only revoke this agreement in a writing signed by me, but I acknowledge that I cannot and will not enter the Escape Room unless this agreement is valid and binding against me and that any revocation will not apply to my activities at the Escape Room on or prior to the date of revocation.
C) I hereby knowingly, voluntarily and intentionally waive the right to a trial by jury in respect of any litigation based hereon or arising out of, under or in connection with this agreement and any course of conduct, course of dealing, statements (whether verbal or written) or actions of the Escape Room. This provision is a material inducement for the Escape Room to grant my admission to the Escape Room.
D) I acknowledge that Prototype Escape Games, LLC might record or photograph my likeness, performance, and participation at the Escape Room. I agree that Prototype Escape Games, LLC will be the sole owner of all rights to those recordings and photographs forever, and that Prototype Escape Games, LLC may use my likeness in these recordings and photographs in all publications and advertisements, all without any payment of consideration or liability to me. This agreement is irrevocable by me.
E) By entering into this Agreement, I am not relying on any oral or written representation or statements made by the Escape Room, other than what is set forth in this Agreement.
F) I am not under the influence of drugs or alcohol which impairs my ability to maintain my safety awareness or endangers others. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity. I agree that all staff or authorized agents may, in their sole discretion, determine it is unsafe for myself or others for my participation to continue, remove me from the premises by any lawful means.
I HAVE READ AND I UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY, AND I HAVE HAD THE OPPORTUNITY TO HAVE MY LEGAL COUNSEL REVIEW IT. I AGREE THAT, BY SIGNING IT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MEMBERS OF MY FAMILY, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS MIGHT HAVE AGAINST THE RELEASED PARTIES.
WHEN REGISTERING ONLINE, MY ONLINE SIGNATURE SHALL SUBSTITUTE FOR AND HAVE THE SAME LEGAL EFFECT AS IF I HAD SIGNED A WAIVER AND RELEASE AGREEMENT IN PERSON.