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11/6/2024
11/6/2024
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BOND'S ESCAPE ROOM RELEASE AND WAIVER AGREEMENT

THIS LIABILITY WAIVER AND RELEASE (“Waiver”) is made by the undersigned participant (“Participant”) for the purpose of Participant and/or any minors for whom Participant is guardian (“Minors”), participating in an event hosted and organized by Room Escape DC, LLC (“Bond’s Escape Room”). The activities constituting the event will include, but are not limited to, (1) participation in escape room adventures; (2) team building activities and parties; and (3) use of Bond’s Escape Room’s facilities (includes entrances, registration areas, parking lots, buildings, escape rooms, restrooms, party rooms, and exits) at or near 3949 University Drive, Fairfax Virginia, 22030 and 2800 Clarendon Boulevard, Suite 910, Arlington, Virginia, 22201 (“Event”). Participant and Bond’s Escape Room may individually be referred to as “Party” and collectively as “Parties.” The Effective Date of this Waiver is the date of Participant’s signature. Participant does hereby release, waive, discharge, and covenant not to sue Bond’s Escape Room, its officers, members, owners, employees, contractors, and agents, and warrants and acknowledges the following:

 

    1. Minors. Participant understands and warrants that Participant’s execution of this Waiver includes Participant’s approval to all terms in this Waiver on behalf of Participant and any Minors if said Minors also participate in Event. 

    2. Hazardous Activity. Participant acknowledges and warrants that Participant and Minors are sufficiently healthy and able to participate in Event. Participant understands,  agrees, and acknowledges that participation in the Event may be hazardous, and Participant knowingly accepts and assumes this risk for Participant and Minors. Participant understand and acknowledges that the Event may include, but is not limited to, activities involving simulated captivity, running, walking, lifting, bending, solving puzzles, simulated scary adventures, limited vision, feelings of pressure, mentally challenging situations, constraints, consumption of food and drinks, parties, team-building activities, video and audio recording, parking lots, interactions with other participants, possible negligent third parties, bright lights, and loud noises. Participant assumes and accepts all risks inherent in these and any other activities related to or part of the Event, including the risk of serious bodily injury, property damage, and death. 

    3. Infectious Disease and Injury. Participant acknowledges that all risks associated with Participant’s and Minors’ participation in the Event, including but not limited to, injury and/or contracting or being exposed to COVID-19 or other infectious diseases, are assumed solely by Participant. Participant acknowledges Bond’s Escape Room has no duty to provide security, sanitation or safety measures to Participant and Minors. Participant acknowledges that sole responsibility for Participant’s and Minors’ health, safety, welfare, and security is Participant’s and Bond’s Escape Room shall not be responsible for same.

    4. First Aid. Participant consents to the rendering of, and agrees to pay for, emergency first aid and other medical procedures for injury, illness, or medical emergency provided or procured by Bond’s Escape Room or its agent which at the time seem reasonably advisable in the sole discretion of Bond’s Escape Room and its agents. However, the Participant acknowledges and warrants that Bond’s Escape Room has no obligation to provide such aid. Participant hereby releases the Released Parties (defined below) from any liability for harm, injury or death related to such first aid and/or medical procedures.

    5. Compliance with Laws and Regulations. Participant acknowledges and warrants that Participant and Minors will comply with all applicable laws, rules, and regulations of the jurisdiction in which Participant and Minors are present during the Event. 

    6. Ejection from Event. Participant agrees to follow all rules of the Event as expressed by Bond’s Escape Room or its agents. If an agent of Bond’s Escape Room prohibits Participant or Minors from participating further in the Event for any violation of the law, unsafe or inappropriate behavior, aggressive or dangerous behavior, harassment of other participants, or the terms of this Waiver, Participant and Minors will exit the Event willingly and without further incident. Participant understands and agrees that Participant will receive no refund from Bond’s Escape Room if Participant and/or Minors are removed from the Event for any infraction or improper conduct as determined in the sole discretion of Bond’s Escape Room and its agents.

    7. Liability Release. In consideration for Participant and Minors being permitted to participate in the Event, Participant hereby waives, releases, and forever discharges, for Participant’s and Minors’ heirs, executors, administrators and legal representatives, any and all rights and/or claims which Participant has, may have, or may hereafter accrue to Participant or Minors against Bond’s Escape Room and its officers, affiliates, representatives, contractors, directors, employees, members, consultants, agents, owners, sponsors, promoters, and volunteers (the “Released Parties”) for any and all damages, illness (including COVID and other contagious diseases), injuries (including death), and/or claims which may be sustained by Participant or Minors directly or indirectly arising out of their participation in the Event (including the application of emergency or medical services at the Event) and the use of facilities as part of the Event even if the damages, injuries (including death), and/or claims are caused by the negligence of the Released Parties or otherwise. Participant covenants not to sue the Released Parties for any and all damages, injuries (including death), and/or claims which may be sustained by Participant or Minors directly or indirectly arising out of Participant’s and Minors’ participation in the Event. This release and discharge include, but is not limited to, claims for personal injury, death, property damage, premises liability, economic loss, breach of contract, lost wages, contribution indemnity, indemnity, punitive damages, negligence, or any other legally recognizable claim arising out of Participant’s and Minors’ participation in the Event (including all legal costs associated with such claims). Participant agrees that any claims must be brought, if at all, no later than within one year of the date such claims first accrue. PARTICIPANT ALSO FULLY  UNDERSTANDS AND ACKNOWLEDGES THAT THE EXTENT OF ANY LIABILITY OF Bond’s Escape Room FOR ANY INJURIES, DAMAGES, OR LOSSES DUE TO ANY NEGLIGENCE OF Bond’s Escape Room SHALL BE LIMITED TO THE PRICE PAID FOR ADMISSION FOR THE EVENT. Bond’s Escape Room SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, even if Participant has been advised of the possibility of such damages.

    8. Indemnification. To the fullest extent permitted by law, Participant hereby forever remises, releases, acquits, discharges and indemnifies and holds harmless the Released Parties from and against any and all causes of action, claims, third party claims, counterclaims, suits, debts, damages, losses, demands of whatever kind and nature, known and unknown, anticipated and unanticipated, and expenses including, but not limited to, attorney's fees, arising out of, related to, resulting to, or resulting from Participant’s and Minors’ actions or inactions before, after, during, or related to the Event. 

    9. Media and Marketing. Participant consents, on behalf of Participant and Minors, to be photographed and included in recording by Bond’s Escape Room and its agents of video and audio footage documenting the Event. Participant, on behalf of Participant and Minors, hereby waives any and all rights of publicity or privacy and grants Bond’s Escape Room unlimited, worldwide, and perpetual intellectual property rights and permission to use and exploit Participant’s and Minors’ appearances in the Event in any and all legal manners including the right to make and use derivative works. Participant further acknowledges that Bond’s Escape Room has the sole discretion to use or refuse to use any photographs or footage in which Participant and Minors may appear. Unless Participant requests in writing for Bond’s Escape Room to not use Participant’s and/or Minors’ image(s), likeness(es), and/or voice(s), Participant consents to the use of Participant’s and Minors’ image(s), likeness(es), voice(s) in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes. Participant understands and acknowledges that Participant will receive no compensation for such use. Participant expressly releases the Released Parties from and against any and all claims which Participant and Minors have or may have for invasion of privacy, defamation or any other cause of action arising out of the production, distribution, broadcast or exhibition of photographs, video, sound recordings, footage or any other promotional materials created from Event. Participant understands and acknowledges that any photos, video, or audio recordings Participant and Minors create at the Event are not to be used for any commercial or public purpose, but instead may be used solely for Participant’s personal and non-commercial use, unless Participant receives prior written permission from Bond’s Escape Room for other uses.

    10. Other Participants. Participant understands and acknowledges that the Event may include other participants and third parties, and that Bond’s Escape Room has only limited control over the behavior of the other participants and third parties at the Event. Participant understands and acknowledges that Bond’s Escape Room is not accountable, liable, or responsible for the actions and inactions of other participants and third parties at or near the Event.

    11. Severability. Participant acknowledges that if any provision of this Waiver is found to be unenforceable or invalid under applicable law, the remaining provisions shall continue to be fully enforceable and valid.

    12. No Refund. Participant acknowledges and agrees that all payments made to Bond’s Escape Room as consideration for Participant’s and Minors’ participation in the Event are final and not refundable and that Bond’s Escape Room is not responsible if any part of the Event is in any way modified or limited due to behavior of Participant, Minors, or other participants, fire, earthquake, equipment failure, epidemic/pandemic diseases, cyclone, hurricane, flood, aridity, strike, lightning, revolution, war, acts of government, terrorist activities or force majeure. 

    13. Cancellation. Participant understands and acknowledges that Bond’s Escape Room may cancel the Event prior to the beginning of the Event for any reason or may cancel Participant’s registration in the Event prior to the beginning of the Event for any reason. In such case, Participant understands and acknowledges that Bond’s Escape Room will not issue a refund but will instead permit Participant to reschedule participation in another Event sponsored by Bond’s Escape Room. Bond’s Escape Room can reschedule Events without penalty to Participant when given at least 24 hours advanced notice.

    14. Privacy Policy. Participant acknowledges and agrees to all terms in Bond’s Escape Room’s privacy policy as per Bond’s Escape Room’s website at: https://roomescapedc.com/. Participant understands, agrees, and acknowledges that Bond’s Escape Room may share Participant’s and Minors’ personal information with third parties at its sole discretion in support of Event activities and that Bond’s Escape Room accepts no liability for data breaches and data loss due to or related to such disclosure or otherwise.

    15. Non-Compete. Participant warrants that he/she/they will not use knowledge gained through participation in the Event to create a commercial offering in competition with Bond’s Escape Room.

    16. Jurisdiction. This Waiver shall be governed in accordance with the laws of the State of Virginia, and any disputes shall be adjudicated by the courts of the State of Virginia. It is Participant’s expressed intent that this Waiver shall bind Participant, Minors, Participant’s heirs, assigns and personal representatives if Participant is deceased. Participant hereby knowingly and voluntarily waives any right to a jury trial of any dispute arising out of or in connection with this Waiver or the Event. 

    17. No Other Waivers - Participant agrees this Waiver supersedes any other prior agreements, oral or otherwise.

 

Participant certifies that Participant is at least 18 years old, has read and understands all of the above, and acknowledges and agrees to all terms and conditions on behalf of Participant and Minors (if any).

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