Operation Escape, LLC
Waiver of Liability, Release and Acknowledgement of Risks
WARNING: This Waiver of Liability, Release and Acknowledgement of Risks (“Waiver”) is legally binding. If you require clarification on any aspect of this Waiver, please see a representatives or employee of Operation Escape, LLC (“Operation Escape”) or OEVA, LLC (“OEVA”) to have this explained to you before signing or consult an attorney to seek advice on the meaning of this Waiver. All references to “Operation Escape” herein shall include the owners, directors, officers, managers, members, representatives, volunteers, employees, and staff members of Operation Escape and the owners, directors, officers, managers, members, representatives,
volunteers, employees, and staff members of OEVA, LLC. IN SIGNING THIS DOCUMENT YOU ARE WAIVING THE RIGHT TO BRING A COURT ACTION TO RECOVER COMPENSATION OR OBTAIN ANY REMEDY FOR ANY PERSONAL INJURIES, DAMAGE TO PROPERTY, ACCIDENT OF ANY KIND, INCLUDING DEATH, THAT MAY OCCUR WHEN YOU USE THE OPERATION ESCAPE FACILITIES, EQUIPMENT OR PROPERTY, OR THROUGH YOUR PARTICIPATION IN ACTIVITIES OR EVENTS AT THE OPERATION ESCAPE LOCATION.
(A) Acknowledgement and Acceptance of Risk. It is my intent to voluntarily participate in the activities and use the facilities associated with this escape room activity (the “Activities”) located at Operation Escape, LLC, 217 McLaws Circle, Suite 4, Williamsburg, Virginia. I acknowledge and agree that the Activities bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, or other third parties or their property, or the property of Operation Escape or OEVA.
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN THE ACTIVITIES,
including by way of example and not limitation, any risks that may arise from negligence or
carelessness on the part of myself, other participants in the Activities, or the owners, directors, officers, managers, members, representatives, volunteers, employees, and staff members of Operation Escape or OEVA, from dangerous or defective equipment or property owned, maintained, or controlled by Operation Escape or OEVA, or because of the possible liability without fault of Operation Escape or OEVA.
I certify that I understand that the Activities have potential inherent risks including but not limited to:
1. Use of simple tools;
2. Potentially moving or lifting objects of not more than twenty pounds;
3. Mental stress and anxiety;
4. Being in a reasonably small space with up to fifteen persons;
5. Possibility of failure to escape the room in the allotted time;
6. Physical activity.
I acknowledge that this Waiver will be used by Operation Escape and OEVA with regard to the Activities in which I may participate, and that it will govern my actions and responsibilities at the Activities. I agree that all staff or authorized agents may, in their sole discretion, determine it is unsafe for me or others for my participation in the Activities to continue, and in such event, they may remove me from the premises by any lawful means.
(B) Rules and Safety Measures. I affirm that the rules and regulations and safety precautions of Operation Escape and OEVA have been explained to me and I have had the opportunity to ask any questions. I agree to comply with all rules and regulation and safety precautions and to follow the instructions of all owners, directors, officers, managers, members, representatives, volunteers,
employees, and staff members of Operation Escape and OEVA in connection with my
participation in the Activities. I understand that the Operation Escape and OEVA staff are not
medical personnel and emergency medical services are not being provided in connection with the Activities. I have no physical or mental illness that precludes my participation in a safe manner in the Activities. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/ or illness during the Activities. I understand that the use and/or possession of drugs or alcohol is strictly prohibited before and during the Activities as it impairs my ability to maintain my safety awareness and may cause me to endanger myself for others. I acknowledge that I am not under the influence of drugs or alcohol and I understand that the use and/or possession of drugs or alcohol will be grounds for immediate removal from the Activities without reimbursement of any fees paid.
(C) Waiver of Liability. With knowledge of the aforementioned, and as an inducement to allow me to participate in the Activities, I hereby agree to indemnify and hold harmless and to waive any all possible liability, claims, suits, costs, expenses, losses, medical fees, attorney’s fees, or other related causes of action for damages against Operation Escape or OEVA or their owners, directors, officers, managers, members, representatives, volunteers, employees, and staff members in a
personal or representative capacity, including but not limited to, such claims that may result from property damage or theft, my injury or death during or arising in any way from participation in the Activities, whether supervised or unsupervised, and whether that damage, injury or death may result from my own negligence, the negligence of Operation Escape or OEVA or their owners, directors, officers, managers, members, representatives, volunteers, employees, and staff members, or the negligence of another participant in the Activities. I acknowledge that the owners,
directors, officers, managers, members, representatives, volunteers, employees, and staff members of Operation Escape and OEVA are NOT responsible for the errors, omissions, acts, or failures to act of myself or any other participants in the Activities. This waiver shall be binding upon me and upon my assigns, heirs, representatives, executors, guardians, and administrators. This Waiver shall be construed broadly to provide a release and waiver to the maximum extent permissible
under applicable law.
(D) Reimbursement. I agree to fully reimburse Operation Escape or OEVA for any damage caused to Operation Escape or OEVA property as a result of my participation in the Activities.
(E) Consent to Photographs and Filming. By participation in the Activities, I consent to being photographed or recorded by Operation Escape or OEVA or their owners, directors, officers, managers, members, representatives, volunteers, employees, and staff members. I also consent to the use of such photographs, pictures, film, audio recording and/or video recording of me by Operation Escape or OEVA for publicity, promotion, television, radio, website, social media site, or any other use, and I expressly waive any right of privacy, compensation, copyright, or other ownership right.
IN SIGNING THIS DOCUMENT, I AFFIRM THAT I HAVE READ THIS WAIVER IN ITS
ENTIRETY AND THAT I UNDERSTAND THE NATURE OF THE ACTIVITIES, THE
INHERENT RISKS, AND THE RULES AND REGULATIONS. I UNDERSTAND THAT BY
SIGNING THIS WAIVER I AM VOLUNTARILY GIVING UP ANY RIGHT I MIGHT HAVE
TO SUE OR MAKE A CLAIM WHICH I MIGHT HAVE OR WHICH MIGHT
SUBSEQUENTLY ARISE OR OCCUR IN CONNECTION WITH MY PARTICIPATION IN
THE ACTIVITIES. I ALSO AFFIRM THAT ALL MY QUESTIONS CONCERNING THIS
WAIVER HAVE BEEN ANSWERED TO MY SATISFACTION.