These activities and events can or could result in injuries to the participant. To be able to participate in these events, the participant, by executing his or her signature (or the signature of participant's parent/guardian) to this release, does hereby release, waive, discharge, and covenant not to sue ESCAPE FACTOR LLC, its officers, members, promoters, owners, employees, or business partners from any and all liability, injuries, or any and all other claims and damages as a result of participating in an ESCAPE FACTOR (hereafter “EF”) event or any other event sponsored by ESCAPE FACTOR LLC, its officers, members, owners, employees, or business partners. Furthermore, the participant, on behalf of his personal representatives, assigns, heirs, and next of kin, does hereby release any and all claims, damages, injuries, incurred by the participant in regards to the participation in such events.
Participants agree to hereby release any and all claims, of whatever kind of nature, present and future, damages and injuries. Participant assumes full responsibility for and risk of bodily injury, death, or property damage due to negligence, or non‐negligence of ESCAPE FACTOR LLC, its officers, promoters, owners, employees, or business partners, in the EF events or associated activities, and/or while competing, officiating in, working or for any purpose participating in the EF events or associated activities.
The undersigned understands and acknowledges that he/she may not attend, participate in, or act as a spectator or bystander of EF unless he/she is eighteen (18) years of age or older, or if younger than eighteen (18) years of age, his/her parent or legal guardian has read and signed this Liability Waiver. The undersigned further acknowledges that he/she has inspected the facilities, equipment, and areas to be used for the EF events and is voluntarily participating despite the risk of falls, contact and/or crashes with other participants or actors, defective equipment, the condition of the room and any hazards that may be posed by spectators or volunteers. Participant, in consideration of being permitted to participate in any activities in connection with EF events, acknowledges the risks and hazards involved in and arising from the attending, participating in, or as a spectator or bystander, of any event at EF including, but not limited to the additional risks of being hit by flying objects, falling, and does for himself or herself, his or her heirs, executors, administrators, and assignees, release and forever discharge ESCAPE FACTOR LLC, their officers, members, promoters, sponsors, advertisers, owners, employees, associates, volunteers, paid staff or business partners, their heirs, administrators, and executors, of and from any and every claim, demand, action, or right of action, of whatsoever kind or nature, either in law or in equity arising from or by reason of any bodily injury or personal injuries known or unknown, death and/or property damage resulting or to result from any accident which may occur as a result of participation in EF or any activities in connection with EF, whether by negligence or non‐negligence or from any and all other incidents of harm and/or ill‐will.
I comprehend the risks involved with participating as a spectator or participant. I assume all risks associated with participating in the EF events including paralysis and death caused by course and contact with other participants or actors. I agree that ESCAPE FACTOR LLC or any of its assigns has the right to any photos or any video/sound footage of me during the EF event. These photos, video footage and sound materials may be used for any marketing purposes.
I fully understand that there are no refunds under any conditions once I purchase my ticket. Participant further states that he or she has carefully read the above release and knows the contents of the release and signs this release as his or her own free act. Participant further release, waives, discharges and covenants not to sue all professional services from any claim whatsoever on account of first aid, treatment, or service rendered him or her during participation in EF events or any activities in connection with EF, whether by negligence or otherwise.
Under no circumstances is a client or participant eligible for a refund regardless of injury before the event. I agree by signing this document and participating in the EF events that I lose my right to sue any and all parties involved with EF including and not limited to the property owners of the location. If any claim is submitted as a result of my conduct as a participant, spectator, or bystander at EF, I agree to defend and indemnify the Released Parties from any and all claims or causes of action by whomever or wherever made or presented as a result of my alleged misconduct as a participant, spectator, or bystander. Moreover, if such claims are made as a result of my conduct, I agree to pay for the legal fees, expenses, and costs incurred by the Released Parties in defending such claims against them as a result of my alleged misconduct.
I understand that EF events are not recommended to expectant mothers, and those with heart conditions, hypertension, claustrophobia, or similar conditions. You will be required to stand for at least one hour. I also understand that I will be required to abide by the “Room Rules” for my own safety. I agree to use the facilities in EF with care. ESCAPE FACTOR LLC reserves all rights to seek indemnification should there be any deliberate attempt to cause damage of the building, props, equipment, and layout.
I also understand that ESCAPE FACTOR LLC may terminate the event at any time should any of the participants decline to abide by the “Room Rules” or follow the instructions of ESCAPE FACTOR LLC employees. There will be no refund of fees, full or partial, allowed.
COVID-19
I acknowledge the contagious nature of the Coronavirus/COVID-19.
I further acknowledge that ESCAPE FACTOR LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that ESCAPE FACTOR LLC can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to staff, and other clients and their families.
I voluntarily seek services provided by ESCAPE FACTOR LLC and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled to a highly impacted area in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold ESCAPE FACTOR LLC harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of ESCAPE FACTOR LLC, or that may otherwise arise in any way in connection with any services received from ESCAPE FACTOR LLC. I understand that this release discharges ESCAPE FACTOR LLC from any liability or claim that I, my heirs, or any personal representatives may have against ESCAPE FACTOR LLC with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from ESCAPE FACTOR LLC. I hereby authorize any licensed physician, emergency medical technician, hospital or other medical or healthcare facility to treat me for the purpose of attempting to treat or relieve such injuries. I consent to the administration of all medical care. This liability waiver and release extends to ESCAPE FACTOR LLC together with all owners, partners, and employees. By signing this agreement, I agree that I and anyone in my party lose my/our right to sue anyone involved with ESCAPE FACTOR LLC.
WHEN REGISTERING ONLINE, MY ONLINE SIGNATURE SHALL SUBSTITUTE FOR AND HAVE THE SAME LEGAL EFFECT AS IF I HAD SIGNED A PHYSICAL LIABILITY WAIVER. PARTICIPATION WILL BE DENIED IF THE SIGNATURE AND DATE ARE NOT SIGNED BEFORE THE START OF THE EVENT.