In consideration for gaining entry into the facility and/or escape rooms operated by Sealed by Fate, LLC (“Company”) located at 12544 Kirkham Court, Suite 5, Poway, CA 92064 or mobile tent location and participating in related activities conducted by Company (collectively, “Activities”), Company RESERVES THE RIGHT TO REFUSE ENTRY TO THE FACILITY IF THE EMPLOYEES OR STAFF BELIEVES THAT PARTICIPANTS COULD CREATE A RISK OF HARM TO THEMSELVES OR OTHER PARTICIPANTS.
ASSUMPTION OF RISK
I realize that myself or my child/ward’s participation in this live escape room game brings with it potential risks. By booking and participating in this event, myself and/or my child agree to assume all risks of participating in any/all activities associated with this event and it is my voluntary and informed decision to release any future lawsuits or claims that I or they may have against the Releasees. Therefore, I agree on behalf of myself and my child/ward and our personal representative, successors, heirs, and assigns to hold Company and its affiliates, officers, directors, members, agents, employees, designers, licensors, and attorneys, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment comprising the Sealed By Fate facility (collectively, the “Releasees”) harmless from any and all claims or causes of action arising out of me and/or my child/ward’s entry and/or participation in the Activities at the Sealed By Fate facility.
I certify that I understand this activity has potential risks including but not limited to:
1)Mental stress and anxiety; and
2)Falling or tripping, contact and/or crashes with other participants, defective equipment, and the condition of the room.
In consideration of permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE Releasees from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me.
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of Releasees or otherwise.
(C) I certify that I have no physical or mental illness that precludes my participation in a safe manner for myself or others. I am not under the influence of drugs or alcohol which impairs my ability to maintain my safety awareness or endangers others.
(D) I acknowledge that this Accident Waiver and Release of Liability Form will be used by Company, organizer of the activity in which I may participate and that it will govern my actions and responsibilities at said activity. I agree that all staff or authorized agents may, in their sole discretion, determine it is unsafe for myself or others for my participation to continue, remove me from the premises by any lawful means. Use of drugs or alcohol on the premises may be grounds for immediate removal.
(E) I acknowledge that the directors, officers, members, owners, employees, volunteers, representatives, and agents of any authorizing entity are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
(E) I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity. The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I acknowledge that I will not take pictures/video inside the escape game. If caught using said device the game will be immediately terminated and media will be deleted. I will not post, reproduce or publish any sketch, photographs or videotapes including, but not limited to, rooms, trade secrets or game puzzles from inside Company’s premises or within any Sealed By Fate Escape Game on any device, social media website or otherwise. Doing so ruins the experience for future players. Company reserves the right to prosecute any action that is a violation of this agreement.
USE OF CUSTOMER’S VIDEOTAPE AND PHOTOGRAPHS BY COMPANY
I hereby authorize Company to videotape and photograph participants during Activities conducted at Company for business, safety and security reasons. I agree to allow my photograph, video, film likeness, and or voice including electronic images or pictures to be used for any legitimate purpose this authorizing entity decides and assigns. Such uses may include by are not limited to posting on Company’s website or social media. This permission will remain in force and shall continue forever unless I revoke my permission in writing. I hereby waive the right to any payment for signing this release and waive the right to receive any payment from the Company for use of such videotapes, photographs or audiotapes.
I agree to follow the rules of any Activities and games. If I violate any rules and continue to break any rules, I understand that the game master may eject myself from the game or end the game for all participants, and no refunds will be granted.
I agree that if I break, destroy or remove any materials in the game, I will be responsible for the costs associated with repairing or replacing such materials.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.