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  • Release and Waiver of Liability, Assumption of the Risk, Indemnity, Hold Harmless Agreement, and Consent to Use of Name, Voice and Likeness

    The undersigned acknowledges that, by agreeing to this form by clicking the "I agree" button and providing your electronic signature where indicated, I am giving up my right to make a claim against, or sue, Escapely Live, a Nevada LLC ("Escapely") for any accident or injury occurring while participating in activities provided by Escapely, including but not limited to in person or online escape room type puzzles or entertainment. I am giving up these rights on my behalf and on behalf of my family, heirs, executors, personal representatives, successors and assigns. Specifically, I release, hold harmless, defend and indemnify Escapely, including its subsidiaries and affiliates, and their respective principals, agents, officers, directors, managers, employees, agents, sponsors, sanctioners, guests and participants (collectively, "Releasees") from any and every claim, demand or cause of action of any kind or nature, and any cost, loss, damage or expense, arising from or related to my participation in any activities provided or sponsored by Escapely. This includes, but is not limited to, any claim or demands for accidental death, dismemberment, or bodily injury to myself or others; for any and all losses or damages, pain and suffering, loss of earning potential, loss of consortium and/or punitive damages; or any damage to or destruction of any personal or other property claimed to arise out of any accident or occurrence during or in connection with such activity.

    This Release and Waiver of Liability, Assumption of Risk, Indemnity and Hold Harmless Agreement ("Agreement") is given in consideration of and as a condition to allowing me to participate in the activities provided by Escapely. This Agreement shall inure to and be binding upon me and my respective heirs, representatives, successors and permitted assigns. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remainder shall not be affected thereby.

    This Agreement extends to any and all claims I have or may have against the Releasees, even if such claims result from strict liability or negligence on the part of any or all of the Releasees concerning the conditions, qualification, instructions, rules and procedures under which this activity is conducted, or from any other cause. I hereby state and represent that:

    • I have been invited to ask, have asked, and have had answered, all questions I have concerning my participation in this activity and concerning this Agreement.
    • I am in good physical condition and am of the age required to participate in this activity.
    • I understand there may be risks or dangers in participating in escape room puzzles and related activities. I fully and unconditionally agree to assume the risks and dangers involved with this activity.
    • I agree to follow instructions, abide at all times by all posted or provided rules and regulations, and to exercise care as appropriate.
    • I am voluntarily participating in this activity knowing the existing weather and other similar conditions and factors associated with this activity.
    • I will immediately notify Escapely of any accidents or injuries, and will seek appropriate medical care.
    • I have read this Agreement and fully understand that I have given up substantial rights by signing it freely and voluntarily without any inducement, assurance or guarantee being made.
    • I unconditionally promise not to sue or maintain any legal action against, or attempt to make any recovery from Escapely or any of the Releasees in any civil litigation, mediation, arbitration or alternative dispute resolution proceedings, for any and all losses, damages, and/or injuries sustained during this activity.

    In consideration of and as a condition to allowing me to participate in activities provided by Escapely, I hereby consent to the use of my name, image voice, and likeness, including photos and videos, audio and/or other recordings and all accompanying personally identifiable information provided by me to Escapely or that Escapely obtains in the course of my participation in activities provided by Escapely or, via all forms of media and reproductions now known or hereafter devised worldwide, in perpetuity, without notice, attribution or compensation to entrant, his/her successors or assigns, or any other entity, except where prohibited by law. I hereby irrevocably consent to Escapely use of the copyrights, moral rights, rights of publicity and integrity, and any other related rights (or waiver of rights) that I may otherwise have in the use of my name, image voice, and likeness, including photos and videos, audio and/or other recordings. I also release and discharge Escapely from any and all claims and demands arising out of or in connection with the use of the photos and videos, audio and/or other recordings, including, but not limited to, any and all claims for privacy rights, libel, slander, or misappropriation of my name, voice, image or likeness.

    This Agreement shall be binding on and shall inure to my benefit and the benefit of Escapely and our respective heirs, executors, administrators, legal representatives, successors, and permitted 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 Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada 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 Nevada, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.

    THIS AGREEMENT PROVIDES ESCAPELY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING ESCAPELY TO PUBLICIZE, COMMERCIALLY EXPLOIT, AND OTHERWISE USE YOUR LIKENESS, AND NAME AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ESCAPELY.

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