RELEASE OF LIABILITY, ASSUMPTION OF RISK,
WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
In consideration of being permitted to use the facilities and participate in The Ruse Escape Rooms and the related activities (collectively, “activities”) provided by The Ruse Escape Rooms (the “Host”), the Participant and the Participant’s parent(s), legal guardian(s) or adult chaperone(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law as follows:
1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Activities;
2) TO ASSUME ALL RISKS of participating in the Activities, even those caused by the negligent acts or conduct of the host, its owners, affiliates, operators, employees, agents, and/or officers. The Participant and his/her parent(s) or legal guardian(s) understand there are inherent risks of participating in the Activities which may be both foreseen and unforeseen and include serious physical injury and death;
3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities. This includes, without limitation, the use of electronic equipment, costumes, artwork, furniture, locking mechanisms, receiving instruction, strenuous bodily movement, and any other activities in and around the Clue Room facility. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agent, and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct, and;
4) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities, and;
5) TO GRANT The Ruse Escape Rooms the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child’s/ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
The Participant and his/her parent(s), legal guardian(s) certify that the Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary and that he/she can minimize his/her risk of injury through the exercise of common sense and by being aware of his/her surroundings.
This agreement specifically contains an indemnity agreement whereby I agree to reimburse the Releasees against any damages (including attorney’s fees and costs) incurred as a result of any lawsuit, claim, or action brought by myself, my child/ward, or any other party, related in any way to me or my child’s/ward’s use of The Ruse facility. I further understand that no person has permission to use The Ruse facility without an effective and validly signed Release and parental/Guardian Waiver of Liability.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.