RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as "I" or "me") desires to participate in an escape room activity (the "Activity") provided by Oakland Escape LLC, a Delaware limited liability company licensed to operate in California, with offices located at 522 7th Street, Oakland, CA (the "Company"). As lawful consideration for being permitted by the Company to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
ARTICLE I: INFORMED PARTICIPATION
I understand and acknowledge that the Activity will be explained to me prior to my participation in the Activity, and I further understand and acknowledge that I have the right to not participate in the Activity if the Activity has not been sufficiently explained to me, or for any other reason or no reason.
I understand I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its officers, managers, employees, agents, affiliates, members, successors and assigns (collectively, "Releasees"), arising out of or attributable to my participation in the Activity, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by an indemnified party hereunder in a final judgment, arising out or resulting from any claim of a third party related to the Activities.
ARTICLE II: DISTRESS
I am aware that as part of the activity prepared for me by the Company, I may be subject to confinement, confusion, surprise, trepidation, and other sources of physical or psychological discomfort. I affirm that I am willingly participate in this activity, with the full knowledge that if at any point I choose to end my participation, I can do so by leaving through the emergency exit and returning to the lobby.
ARTICLE III: SURVEILLANCE
I am aware that I may be subject to video and audio monitoring and recording. I understand that my participation in post-game group photos constitutes my consent to the release of those photos for Web marketing uses, including but not limited to the Company’s Web site and social media platforms such as Facebook, Instagram, and Twitter.
ARTICLE IV: PERSONAL DATA
I hereby consent to the collection of my personal information by the Company for the purposes of market research, determining eligibility for re-entrance and special offers, and such ancillary uses as may from time to time be decided upon by the Company.
ARTICLE V: INTELLECTUAL PROPERTY
I am aware that any puzzle, clue, theme, or scenario idea submitted to the Company in writing implies my consent to the Company’s use of that idea in future scenarios, with or without attribution and/or compensation.
This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law, provision, or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in California, and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
I have read this Waiver and agree to abide by its terms. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability.