In consideration of being permitted to engage in the following activity - Axe Throwing, Sumo suit wrestling, yard games, photo booth, Hot Seat, Attempting to escape from a locked room which may include, but is not limited to, crouching, kneeling, climbing, crawling, and lifting (hereinafter referred to as the “Activity”) coordinated by Mobile Escape Room Texas LLC which I acknowledge is unsupervised, I acknowledge and agree to, on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors, administrators and next of kin, as follows:
1. I am aware and acknowledge that injury or death may result from my participation in the Activity and from the use of the premises and facilities where the Activity is located or is to occur, or if premises and facilities are not an applicable description, the general area where the Activity is to occur, and the use of any machinery, equipment or apparatus located therein or thereon (collectively the “Activity Premises”).
2. Upon entering the Activity Premises, I will inspect the same and my observation and my engagement, participation and/or involvement in the Activity shall constitute an acknowledgement that I find and accept them to be safe and reasonably suited for their intended purpose.
3. I hereby release Mobile Escape Room Texas, LLC and (collectively, the “Releasees”) from and against any and all liability for any loss, damage, injury, expense, demand or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise, which may arise as a result of my presence in, upon or about the Activity Premises or my use of the Activity Premises. You furthermore agree not to hold any business/venue hosting MER facilities responsible specifically CHICKEN PICKLE San Antonio LLC for any injuries, risk of bodily injury, death or property damage you may incur.
4. I will indemnify and hold harmless the Releasees, collectively and individually, from any and all losses, liabilities, damages, demands, costs, causes of action and expenses that they may incur, for any reason whatsoever, which may arise as a result of my participation in the Activity, and my presence in, upon or about the Activity Premises.
Property Damage Liability
5. I take full monetary responsibility for any damages caused by myself to any Mobile Escape Room Texas, LLC facilities or the grounds upon which they are operating. Any damages caused by myself or by minors playing under my supervision, will be reimbursed immediately to Mobile Escape Room Texas, LLC. Monetary figure of any damages caused will be assessed solely by Mobile Escape Room Texas, LLC.
I acknowledge that I have read this Waiver of Liability, and have been given reasonable opportunity to discuss this with my legal counsel. Further, I acknowledge that I fully understand the terms of this Waiver of Liability and that I have signed it freely and voluntarily without any inducement, assurance, guarantee or oral representation being made.
Axe Throwing waiver and information
PARTICIPATION, RELEASE AND ASSUMPTION OF RISK AGREEMENT
Mobile Escape Room Texas, LLC (hereinafter “MER”) operates a facility which allows and encourages you, as a participant, to engage in group activities with other participants. Although MER endeavors to provide a safe environment for your entertainment, engaging in group activities within the MER facility could result in unforeseen injuries to you as a game participant, spectator, or bystander. Therefore, before you will be allowed to use MER facilities you must acknowledge that MER has allowed you access to its game facilities based upon your understanding and acceptance of the following terms and conditions:
1. You must abide by all of MER’s game participation rules and restrictions which are either attached to this agreement, or will be provided on the day of the MER activity, all of which will be discussed with you prior to your participation in the game activity; You must follow any instructions provided by the “MER Employee” who will be in charge of the individual activity section.
2. You also understand that MER may terminate your right to participate in any activity or game at any time should you fail to abide by the game rules or follow the instructions of MER employee(s).
3. You understand that MER facilities are not recommended to expectant mothers, or anyone with heart conditions, hypertension, claustrophobia, recent surgery or similar conditions. You will be required to stand for at least one hour or more;
4. You are not permitted to use any tobacco; vapor products or any illegal substances while in or near the MER facility, nor use any lighters or incendiary devices of any kind in side of the MER facility.
5. If you are found to be intoxicated, or act in disorderly manner, MER reserves the right to terminate your participation in the game activity.
6. You agree to use and treat the MER facilities with care. MER reserves the right to seek damages from you should you intentionally or negligently cause damage to any MER facilities or equipment;
7. Should you be asked to leave the MER facilities for any reason by an MER Employee there will be no refund of any fees paid by you. All associated participants will be required to leave together;
8. You acknowledge that your participation in MER games or activities entails known and unanticipated risks that could result in physical or emotional injury including, but not limited to bodily injury or property damage to yourself or to third parties.
9. You understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
10. You expressly agree and promise to accept and assume all of the risks existing in this activity.
11. Your participation in this activity is purely voluntary and you elect to participate in spite of the risks.
12. If you are injured, you acknowledge that you may require medical assistance which you acknowledge will be at your own expense or the expense of your personal insurer(s).
13. You hereby represent and acknowledge that you have adequate and appropriate insurance to provide coverage for ANY such medical expense as a further inducement to MER agreeing to allow you to participate in the game or activities as you understand and agree that MER will not pay for any cost or expenses incurred by you in the event of an injury of any nature.
14. You, as a Participant, assume full responsibility for any risk of bodily injury, death or property damage you may incur, regardless as to whether or not such injury or damages were caused by negligence or any act or omission by MER or any of its agents, corporate officers, owners, affiliates, promoters, employees, or business partners, while participating in the MER events or associated activities. You furthermore agree not to hold any business/venue hosting MER facilities responsible specifically CHICKEN PICKLE San Antonio LLC for any injuries, risk of bodily injury, death or property damage you may incur.
15. You understand and acknowledge that no one is permitted to attend, participate in, or act as a spectator or bystander in regard to MER activities (Axe Throwing only) unless he/she is eighteen (18) years of age or older.
16. You further acknowledge that you have the reasonable right to inspect the public facilities, equipment, and areas used for the MER event(s) and are voluntarily participating despite the risk of falls, contact and/or crashes with other participants or actors, defective equipment, the condition of the equipment and any hazards that may be posed by spectators or volunteers.
SPECIAL PHOTO and PUBLICITY RELEASE: You acknowledge that video recordings may be made, and/or photographs of you may be taken, during MER activities as part of MER operating policies for both security and/or for promotional use in its events. You agree that MER or any of its agents or assigns shall have the exclusive right to any photos or any video/sound footage of you during the MER activities and that any of photos, video footage and sound materials acquired by MER may be used for any promotion or marketing purpose without any compensation to you. You also understand and acknowledge that MER is under no responsibility to take any video or photographic recordings of you nor are you entitled to copies of any such records.
You further agree that should any claim be made as a result of your conduct whether as a participant, spectator, or bystander at an MER event, you hereby agree to defend, hold harmless and indemnify MER, and any of its agents, officers, owners, promoters, employees, affiliates or business partners from and against any and all claims, losses, liabilities, damages,costs and expenses (including, without limitation, court costs and reasonable attorneys’ fees and disbursements) resulting byreason of your conduct or actions whether as a participant, spectator, or bystander during any MER activity or event. In the event of any claim arising out of this agreement or a claim against MER or any of its agents, officers, owners, promoters, employees, affiliates or business partners, exclusive venue for any resulting lawsuit shall be in an court of appropriate jurisdiction in and for BEXAR COUNTY, TEXAS.
You acknowledge that you have read and fully understand ALL of the foregoing provisions in this Agreement and that this agreement is a release of MER and any of its agents, officers, owners, promoters, employees, affiliates or business partners from any and all liability associated with your participation in MER sponsored activities or events. You also understand that a copy or facsimile of this agreement shall have the same full force and effect as the original for all purposes and that MER is relying on this agreement as consideration for allowing you to participate in MER sponsored activities or events.
By signing or reading your name below (electronically or otherwise) it is understood that your agreement shall be binding on you, your personal representatives, heirs and next of kin and that MER and its agents, officers, owners, promoters, employees, or business partners are relying on all of your representations as set forth herein. You hereby swear and affirm that you are eighteen (18) years of age or older. If you are signing this agreement electronically MER is accepting your electronic signature as a substitute for your actual signature providing it is understood and acknowledged that MER reserves the right to request that you sign a written waiver in the future at its sole discretion, it being understood that your electronic signature will have the same full force and effect as written signature for all legal purposes. By typing my name is the box provided below labeled Electronic signature, I will be providing my digital signature in agreement with the above waiver. Failure to execute a copy of this agreement will result in a denial of your right to participate in any MER activity or event regardless of whether or not you paid for any such event or activity. You are advised that MER does not provide refunds, in whole or in part, in the event you pay for and appear for an activity but fail or refuse to execute this agreement.