Participant named below agrees to the below terms and conditions with Clue Carré, LLC, a Louisiana limited liability company, together with the Company’s members, managers, representatives, affiliates, designers, vendors, lessors, and their respective successors and assigns (“Company”):
1. VOLUNTARY PARTICIPATION. I understand that I am voluntarily participating in a game that includes, without limitation: simulated confinement in a room or rooms, variations in lighting, limited vision, darkness, crouching, crawling, reaching, lifting, unusual uses of limbs, feelings of being in an enclosed space, feelings of pressure related to time constraints, exposure to laser lights, and activity that could raise a participant’s heart rate (“Game Activity”). I understand that the Game Activity involves inherent and other risks of injury and death including, without limitation, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, paralysis, emotional loss, and economic loss or property damage.
2. FITNESS. I represent that I understand the nature of the Game Activity and that I am qualified, in good health, and in proper physical condition to participate in such Game Activity. I acknowledge that if I believe the Game Activity conditions are unsafe, or if I am unfit for any component of the Game Activity participation, I will immediately discontinue participating in the Game Activity.
3. ASSUMPTION OF RISK. With this understanding, I hereby knowingly assume all inherent and other risks of injury and death, whether caused by my own actions or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the Company, and whether those risks are known to me or not readily foreseeable at this time including risks that occur from any instructions, clues, misuse of equipment, equipment malfunctions, improper maintenance, tripping or falling.
4. RELEASE. I hereby agree to release and hold harmless the Company from all liability for injury, death, property loss and damage that results from a participant’s participation in the Game Activity, including damage that results from the negligence of Company, and liability that results from any other person’s actions, inactions or other causes. I agree not to make a claim against or sue the Company or attach property of the Company, and to waive any and all claims against the Company. I further agree to defend and indemnify the Company for all loss and damage arising from claims or lawsuits for personal injury, death, property loss and damage or other losses or damages arising from or related to my participation in Game Activity or my presence on the Game Activity premises.
5. DAMAGES. I fully accept all responsibility for losses, costs and damages I incur as a result of my participation in the Game Activity. I understand these include, without limitation, reimbursement of the fees and expenses of attorneys, expert witnesses, and for Company’s participation in any proceedings, including serving as witnesses and preparing for trial.
6. ARBITRATION. In the event I take any legal action against the Company that is contrary to the terms of this agreement, I agree to submit to binding arbitration in New Orleans, Louisiana, administered by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In the event of a ruling in my favor, I agree to stipulated damages not to exceed the price paid for my participation in the Game. I agree to be responsible for all attorney’s fees and costs the Company incurs in defending such legal action, including any ultimate verdict or settlement.
7. LICENSE. I agree to allow the Company to photograph or videotape my participation in the Game Activity. I understand that the pictures may be used in promoting the Game Activity and Company. Therefore, without reservation or limitations, I hereby give the Company permission to, without charge, use the photography or videotape at the discretion of the Company, display the photography or videotape on the Company’s website, social media, blog, at an event, or in a multimedia presentation, and to reprint and distribute for any publication with copyright to accompany the photograph or videotape when used.
8. GENERAL PROVISIONS. I attest that I am of legal age or have the capacity to execute this form on behalf of a participant that is not of legal age. Any references to “I” shall also include a child if this form is being completed on behalf of a minor by a parent or legal guardian. I understand this agreement is binding upon my heirs, executors, administrators, personal representatives, guardians, conservators, agents, successors, and assigns. I acknowledge this agreement is governed by the laws of the State of Louisiana, without reference to choice of law provisions. If any provision is held invalid, it is agreed that the remaining provisions shall remain in full force and effect, and this agreement will be enforced to the greatest extent allowed by law. I agree that neither party shall be deemed to be the drafter of this agreement. An electronic copy of this agreement shall be deemed to be an original. I intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law, and I represent that I have voluntarily signed it without any inducement or assurance of any nature. This agreement shall constitute the entire agreement of the parties and any prior agreement is superseded. The headings are for convenience of reference only and shall not to have any effect. I have carefully read this release in its entirety and fully understand its contents, and I understand that I have given up substantial rights by signing it below.