Liability Waiver and Release of Claims
This Liability Waiver and Release of Claims (the "Waiver") is executed on the date indicated below by the undersigned (the "Participant" and/or "Guardian") in favor of Cluville Phoenix LLC, a limited liability company organized and existing under the laws of the State of Arizona (the "Company"). The Participant and/or Guardian (if the Participant is a minor) understands and acknowledges the following:
1. Assumption of Risk
The Participant/Guardian understands and acknowledges the Participant is voluntarily using Cluville Phoenix, LLC and its related equipment. The Participant understands and acknowledges that participation in activities at Cluville Phoenix LLC, including but not limited to the escape room games and related activities (the “Activities”), involves inherent risks, including physical injury or death, psychological and/or emotional distress, and/or property loss or damage.
The Participant understands and accepts, and Guardian understands and accepts on behalf of Participant, that the risks include all risks and dangers associated with participating in the Activities. These risks include, but are not limited to: (1) contact or collision with other persons or objects (e.g. collisions with walls, locked doors, other participants, objects bolted to the floor, etc.); (2) equipment related hazards (e.g. broken or defective equipment, unexpected equipment failure, negligently maintained equipment, etc.); (3) emotional distress related to being locked in a contained room including stress related to claustrophobia (confinement in small spaces); and (4) other risks inherent to the Activities.
PARTICIPANT HEREBY ASSERTS, AND GUARDIAN HEREBY ASSERTS ON BEHALF OF A MINOR PARTICIPANT, THAT THEY KNOWNIGLY ASSUME ALL OF THE INHERENT RISKS INVOLVED IN USING CLUVILLE PHOENIX, LLC AND ITS RELATED ACTIVITIES AND EQUIPMENT, AND TAKES FULL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITIES, LOSSES, OR EXPENSES THAT PARTICIPANT/GUARDIAN MAY INCUR AS A RESULT OF USING CLUVILLE PHOENIX, LLC AND ITS RELATED ACTIVITIES AND EQUIPMENT. PARTICIPANT/GUARDIAN FURTHER ASSUMES ALL RISK OF LOSS, DAMAGE, OR THEFT OF ANY PERSONAL PROPERTY, WHICH PARTICIPANT/GUARDIAN MAY INCUR WHILE USING CLUVILLE PHOENIX, LLC AND ITS RELATED ACTIVITIES OR EQUIPMENT.
2. Acknowledgment of Hazardous Activities
The undersigned acknowledges that the Activities may include but are not limited to:
The undersigned further acknowledges that these Activities may be strenuous and may cause physical injury or emotional distress to the Participant.
3. Waiver and Release of Liability
To the fullest extent permitted by law, the undersigned, on behalf of themselves, their heirs, personal representatives, and assigns, hereby voluntarily release, waive, discharge, and covenant not to sue Cluville Phoenix LLC, its affiliates, employees, agents, directors, officers, contractors, and other participants from any and all claims, causes of action, liabilities, demands, damages, or losses arising from or related to participation in the Activities, including but not limited to:
4. Medical Emergency
In the event of a medical emergency, the undersigned authorizes Cluville Phoenix LLC to obtain medical treatment for the Participant and the Participant/Guardian agrees to be financially responsible for any medical expenses incurred.
5. Parental/Guardian Consent (For Minor Participants)
If the Participant is a minor (under the age of 18), the undersigned (the “Guardian”) represents that they are the parent or legal guardian of the minor Participant and have the legal authority to execute this Waiver on behalf of the minor. The Guardian further consents to the minor’s participation in the Activities and acknowledges that the minor’s participation is voluntary. The Guardian accepts and assumes all risks and liabilities related to the minor’s participation, including the risks of injury or emotional distress, as outlined in Section 1.
6. Indemnification
The undersigned agrees to indemnify, defend, and hold harmless Cluville Phoenix LLC from and against any and all claims, damages, losses, or expenses, including attorney fees, arising from the Participant’s actions, participation in the Activities, or violation of any rules or regulations of Cluville Phoenix LLC.
7. Compliance with Rules
The undersigned agrees that Participant will comply with all rules, regulations, and instructions provided by Cluville Phoenix LLC, including the guidance of staff members, and acknowledges that failure to do so may result in the immediate termination of the Participant’s participation in the Activities without refund.
8. Severability
If any portion of this Waiver is found to be invalid or unenforceable, the remainder of the Waiver will remain in full force and effect.
9. Governing Law
This Waiver shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.
10. Photo/Video Consent
The undersigned grants permission to Cluville Phoenix LLC to use photographs or video recordings taken during the Activities for promotional, advertising, or marketing purposes. If you do not wish to be included in photos or videos, please inform a staff member prior to the start of the activity.
11. Acknowledgment of Understanding
The undersigned acknowledges that they have read and fully understand the terms of this Liability Waiver and Release of Claims. By signing below, the undersigned voluntarily and knowingly waives and releases, on behalf of themselves and/or a minor Participant, all claims, including claims arising from the negligence of Cluville Phoenix LLC, its employees, agents, and representatives.