hereby release Think Boxed, LLC from any legal liability or responsibility for any loss or injury, bodily harm, physical impairment, mental distress, paralysis or death, as a result or consequence of participating in Think Boxed, LLC activities, or while present on the property of Think Boxed, LLC which is located 123 E. Concho Avenue, San Angelo, Texas 76903. This loss or waiver covers losses or injuries, regardless of when such loss or injury occurs, whether occurring during or after participation, and regardless of when such loss or injury manifests itself. This waiver and release shall cover the initial participation by the undersigned and all subsequent participation regardless of when such participation occurs.
By signing this Release of Liability Waiver, I certify that I have willingly agreed to participate in Think Boxed, LLC activities and that I understand and assume all risks associated with participating in the activity.
If I am a representative or agent of any legal entity, then I also agree to and understand that I am signing on behalf of the legal entity as an authorized agent of the entity.
I specifically represent to THINK BOXED, LLC, and I acknowledge that THINK BOXED LLC is relying on said representations, all of which I agree are material to this release and waiver, as follows:
I. I am in good health and my physical condition will not interfere with my ability to participate in Think Boxed, LLC activities. I certify that I can stand for over an hour and have the necessary physical abilities to complete each of the scenarios, which may include strenuous activities.
II. I accept the risks and sometimes unpredictable nature of Think Boxed, LLC activities. If at any time I feel unsafe or unfit to participate, I will leave the situation and report the issue to a manager or other qualified company employee. My failure to report such dangers will be considered negligence on my behalf, and I will be responsible for any repercussions, financial or otherwise.
Ill. I, and each of my heirs, personal representatives, guardians, agents, conservators, successors and assigns, agree: a) not to make a claim against or sue Think Boxed, LLC; b) to waive any and all claims against Think Boxed, LLC; and c) to defend, indemnify, and hold harmless Think Boxed, LLC for injury, death, or property damage caused by, resulting from or in any way related to my being a participant in Think Boxed, LLC activities or otherwise resulting from my presence on the Property of Think Boxed, LLC, whether or not such injury, death, or property damage was caused by the negligence of Think Box LLC, or any of its agents, affiliates, employees, officers, directors, shareholders, related entities, parents, subsidiaries, insurers, attorneys, representatives, successors, assigns and all other persons and/or entities acting on their behalf. This release and waiver is broad and inclusive and shall include all existing and future claims, disputes, damages and remedies which have accrued or may ever accrue, arising under or relating to my participation in this activity. The undersigned represents that he/she has the full power and authority to sign this release and waiver and is fully authorized to make this release and waiver.
IV. In the event I, or a representative on my behalf, take any legal action against Think Boxed, LLC, I agree to be responsible for all attorney fees and costs Think Boxed, LLC incurs in defending such legal action.
V. By agreeing to participate in Think Boxed, LLC activities, I accept and acknowledge the following:
A. Participants will be locked in a room or series of rooms for up to one hour. There is always an unlocked door labeled for exit and participants may leave the room at their leisure.
B. Activities may include a variety of physical tasks which could raise a participant’s heart rate, result in injury, or result in aggravation of a previous injury. Guests should be prepared for variations in lighting, limited vision, darkness, the feeling of being in an enclosed space, feelings of pressure related to time constraints, exposure to laser lights, falling items, etc.
C. Injuries or outcomes may occur from my own or other’s actions, inaction or negligence. Nonetheless, I assume all related risks, both known or unknown to me, related to my participation.
D. If I am taking medication, I agree that my health is good enough to participate and the medication has not affected my decision to sign this release. I agree that I am not under the influence of alcohol, drugs or prescription medication and that I am fully competent to execute this release and waiver.
E. Photo Release: I agree to allow Think Boxed, LLC to photograph or videotape my participation in the attraction. By participation in the activities, I waive my personal privacy rights insofar as my actions may be photographed or videotaped, and I agree that said photos and videotapes are the property of Think Boxed, LLC, who may use them for promotion purposes, and I waive all property rights in my face and likeness. I understand that the pictures may be used in promotional materials by Think Boxed, LLC. Therefore, without reservation or limitations, I hereby give Think Boxed, LLC permission to, without charge, use the photography or videotape at its discretion, display the photography or videotape on its location, on its website, on a blog, at an event, to be used in a multimedia presentation or reprinted and distributed for any publication with copyright to accompany photo when used.
F. I agree that I am over 18 years of age, and in the event that this representation shall ever prove to be false, I nevertheless agree to be bound by this waiver and release. In the event that persons under the age of 18 participate in any activities on the premises, then the undersigned represent that they are the parent and legal guardian of the child or children and that they waive and release all claims on behalf of the child or children. Further, that the Release and Waiver shall cover the child or children; and further it is expressly agreed that the parent or guardian has full legal authority to waive and release all claims of the child or children.
G. I agree that I will be financially responsible for any property belonging to Think Boxed, LLC which I damage deliberately or from misuse.
I have carefully read this release in its entirety and fully understand its contents. I understand that I may choose not to participate in Think Boxed, LLC’s activities. If I choose to not participate, I agree that I will immediately notify the staff of my decision. Nevertheless, this waiver may NOT be revoked or rescinded by me regardless of my participation. This waiver shall be irrevocable, continuous and ongoing and shall last forever.
I have read this agreement and understand I am giving up legal rights by signing it and am freely and voluntarily signing it without any inducement, offer or reward, and no one has asked me to sign it. Rather, I agree to sign it as a condition of my participation.