This agreement contains a waiver of important legal rights. Please read carefully.
I, the undersigned, being 18 years of age or older, and the legal guardian of any below-named minor(s), on behalf of myself and named minor(s) identified herein, hereby acknowledge that I and the named minors have voluntarily agreed to participate in the Escape Room Activity (Also herein referred to as Activity or Escape Room) located at 530 South Main Street in Memphis, Tennessee (Premises). I UNDERSTAND AND ACCEPT the foregoing risks on behalf of myself and the minor(s) listed and assume all risks associated with participating in the Activity.
In consideration of participating in the Escape Room Activity I represent that I understand the nature of the Activity and that I and the minors listed are qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe Activity conditions are unsafe, or if I am unfit for any component of Activity participation, I and the named minors will immediately discontinue participating in the Activity. I fully understand that this Activity involves risks of physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death, which may be caused by my own actions, my own inactions, actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or the negligence of the Company named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs and damages I and/or the named minors incur as a result of participation in the Activity.
For the valuable consideration of being permitted to participate in the Activity, I and each of my heirs, personal representatives, guardians, conservators, agents, successors, and assigns, HEREBY FULLY AND FOREVER RELEASE, INDEMNIFY, AND HOLD HARMLESS the following persons and entities (these entities are collectively referred to herein as "the Company"): (1) The Escape Room Tennessee, LLC, a Tennessee Limited Liability Company, and its members, shareholders, officers, owners, employees, insurers, agents, volunteers, successors, and persons and entities, in their official and individual capacities; and (2) the property owner and landlord who leases the property to The Escape Room Tennessee, LLC. I specifically release these entities from any and all liability, claims, demands, actions, causes of action (including but not limited to negligence), claims of relief, or injuries related to or arising from me and/or the named minors being a participant in the Activity or my and/or the named minor's presence at the Company's facilities. I, and each of my heirs, personal representatives, guardians, conservators, agents, successors, and assigns, agree: a) not to make a claim against or sue the Company or attach property of the Company; b) to waive any and all claims against the Company; and c) to defend, indemnify, and hold harmless the Company for injury, death, or property damage caused by, resulting from or in any way related to my being a participant in the Activity or otherwise resulting from my presence at the Company's facility, whether or not such injury, death, or property damage was caused by the negligence of the Company or the Company's staff. I understand that this is a full and complete release of all injuries and damages which I may sustain as a result of my participation in the Activity, regardless of the specific cause thereof. In the event I, or a representative on my behalf, take any legal action against the Company that is contrary to the terms of this release, I agree to be responsible for all attorney fees and costs the Company incurs in defending such legal action, including any ultimate verdict or settlement. This Release includes, and I agree for myself, my heirs and representatives, and/or the minor(s) listed, to give up the legal rights identified, which include the right to file any lawsuit whatsoever for personal injury, wrongful death, survivor actions, and any and all other claims that could legally be made relating to injury, property damage, or death.
I am aware that the Escape Room Activity, among other things:
Involves simulated confinement in a room or rooms, and the Activity is mentally intense, and may be physically intense.
Involves risks associated with participation in the Activity, which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death.
May involve physical activity, including, but not limited to crouching, crawling, reaching, lifting, sliding, climbing, unusual uses of limbs, riding a stationary bike, or other activities and tasks which could raise a participant's heart rate, result in injury, or result in a re-injury of a previous injury.
May involve variations of lighting, limited vision, darkness, the feeling of being in an enclosed space, feelings of pressure related to time constraints, moving surfaces, exposure to laser lights, etc.
This list is provided for illustrative and informative purposes only and is not intended to be exhaustive or to in any manner limit the intended broad reach of this release. This agreement is governed by the laws of the State of Tennessee; if any provision is held invalid, it is agreed that the remaining provisions shall remain in full force and effect.
I am aware and I understand that injuries or outcomes may arise from my own or others actions, inaction, or negligence; conditions related to travel; or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation and/or the participation of the listed minors in this Activity, including travel to, from and during the Activity.
I have carefully read this release in its entirety and fully understand its contents. I understand that I and the listed minors may choose not to participate in the Escape Room or Activity, including any collective or individual components of the Escape Room or Activity, and in such case, I will immediately notify the staff of my decision. I have read this agreement and understand I am giving up legal rights by signing it, and am freely and voluntarily signing it.
Photo Release:
I agree to allow the Company to photograph or videotape my participation and the participation of the listed minors in the Activity. I understand that the photography, videotape, and my and the listed minor's name, image and likeness (collectively the Pictures) may be used in promoting the Company and the Escape Room. Therefore, without reservation or limitations, I hereby give the Company permission to, without charge, use the Pictures in any manner and for any purpose at the discretion of the Company, including display on the Company's website, on blogs, on social media, in multimedia presentations to any third party, and at events, and to reprint and distribute for any publication. I further acknowledge the Company owns all copyright and related rights to such photography, videotape and materials.
Acknowledgement of Ownership:
I acknowledge that all elements of the Escape Room, including but not limited to the escape room concepts, storylines, layout, decoration and clues, are the exclusive property of The Escape Room Tennessee, LLC, and I agree not to take any action inconsistent with The Escape Room Tennessee, LLCs ownership of such property.