WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY ("AGREEMENT")
YOU MUST AGREE TO THE FOLLOWING TERMS BEFORE PARTICIPATING IN ANY SIDE QUEST ESCAPE GAMES ACTIVITY.
IN CONSIDERATION of being permitted to participate in any way in an Side Quest Escape Games Activity provided by Side Quest Escape Games, LLC, an Oregon limited liability company ("Activity") I, for myself and (if applicable) for the members of my family, to the following:
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Side Quest Escape Games, or the employees, representatives or agents of Side Quest Escape Games.
I recognize that there are certain inherent risks associated with the Activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Side Quest Escape Games for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Side Quest Escape Games, whether caused by the fault of myself, my family, Side Quest Escape Games, or other third parties.
I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Side Quest Escape Games, its respective agents, officers, members, volunteers, and employees, and owners and lessees of premises on which Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS.
I agree to indemnify and defend Side Quest Escape Games against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Side Quest Escape Games.
I agree to pay for all damages to the facilities of Side Quest Escape Games caused by my or my family's negligent, reckless, or willful actions.
I understand that the Activity may be recorded by audio and visual equipment. I agree that Side Quest Escape Games, or the employees, representatives or agents of Side Quest Escape Games has the right to any photos or any video/sound footage of me during the Activity, including but not limited to any marketing or promotional purposes. Side Quest Escape Games will be the sole owner of all rights to such material and I hereby assign any rights I otherwise have to such material to Side Quest Escape Games.
Any legal claim that may arise from participation in the above shall be resolved under Oregon law in Multnomah County Circuit Court and the prevailing party shall be entitled to reasonable attorney fees and costs.
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Side Quest Escape Games has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.