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 Stockton Escape  LLC,  a Delaware limited  liability  company licensed to operate in California,  with offices located at 959 W March Ln, Stockton, CA 95207 (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 San Joaquin County, 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.

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By entering your full name using any device, means or action, you are signing this Agreement electronically and consent to the legally binding terms and conditions of this Agreement. You further agree that your signature on this document (hereafter referred to as your "E-Signature") is as valid as if you signed the document in writing.