Waiver of Liability and Assumption of Risk
In consideration for being permitted to participate in recreational escape room activities organized by Spellbound Escapes LLC, a Massachusetts Limited Liability Company, at its operations at Tanger Outlets at Foxwoods, 455 Trolley Line Blvd, Suite 540 and/or use of its property, facilities and services, I, on behalf of myself, my child, my personal representatives, executors, successors, heirs, and assigns (“I”), agree to the following:
I agree that I will observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Spellbound or its employees, representatives or agents. I further understand that there is no need to lift or move heavy objects, climb on things or otherwise engage in physical exertion. No activities require use of force, if something seems secured in place, it is. This includes locks, they will open easily with the right key or code. If I break anything I will pay for it. That said, I understand that excitement may occur and so those with physical limitations, heart or nervous conditions, or any other condition for which excitement may create medical concerns or injury should not participate and that by participating I am certifying that I do not have any such condition and also that I assume the risks and responsibility to myself and others, whatever they may be, of voluntarily participating in activities associated with Spellbound.
I hereby confirm that I have no physical or mental illness that precludes my participation in a safe manner for myself or others. I acknowledge that I am not under the influence of drugs or alcohol which might impair my ability to maintain my safety awareness or endanger others. I understand that Spellbound reserves the right to refuse entry to its facilities if its employees, representatives or agents believe that participants could create a risk of harm to themselves or others.
COVID19/CORONAVIRUS RELATED: Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19, The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, Federal, State, and County Health Agencies recommend social distancing. Spellbound has put in place preventative measures to reduce the spread of COVID-19; however, Spellbound cannot guarantee that you will not become infected with COVID-19 as a result of your time here. By agreeing to this waiver, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by using Spellbound’s facility (Spellbound) and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Spellbound may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Spellbound employees, owners, prior participants or members of my party, and contractors. I voluntarily agree to assume all of the foregoing risks, including for providing my own mask, gloves, or other additional Personal Protective Equipment of my choosing in addition to the at least masks and sanitizer I am required to use before entering and when in Spellbound’s facility and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at Spellbound. On my behalf, I (or on the behalf of my children), hereby release covenant not to sue, discharge, and hold harmless the Spellbound, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the Spellbound, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation Spellbound attendance. I understand that I am expected to keep myself, and group, physically distanced at a minimum of 6 feet from other groups, will observe and practice safe and healthy CDC suggested protocols, and will do my part to ensure safety at all times.
By signing this waiver you acknowledge, understand, and agree that:
- You (and your entire group) will not be admitted, or will be removed, if any of the rules are not followed. There are no refunds for any reason. Spellbound reserves the right to refuse admission to anyone.
- We have a Covid 19 Program Administrator, cleaning plan, and employees have been trained to comply with the State of Connecticut Indoor Events Requirements. https://portal.ct.gov/-/media/DECD/Covid_Business_Recovery-Phase-2/0721IndoorEventseng.pdf and Foxwoods CoronaVirus Updates
- Your safety is our top priority. If you have concerns that we are not following guidelines or doing something you consider unsafe, please let us know right away, send an email to firstname.lastname@example.org.
- Do not enter if you are wearing any form of a cast, medical brace, using crutches, or have any type of physical limitations. Do not enter if you were taking medication or are using drugs of any type. You may not be admitted if any of these conditions are noticed by our staff and/or seem to be present. Do not enter if you suffer from asthma, heart conditions, seizures, or any type of medical problems including flu-like symptoms (fever, cough, shortness of breath, sore throat or muscle soreness). You will not be admitted or asked to leave the property, if any of the rules are not followed.
I agree that I am voluntarily participating in the escape room activities offered by Spellbound. I recognize that there are certain inherent risks associated with said activities and I assume for myself and/or my child all risks and full responsibility for any personal or other injury to myself and/or my child and further release and discharge Spellbound for injury, loss, or damage arising out of my use of or presence in its facilities, whether caused by the fault of myself, Spellbound, or other third parties.
I agree to indemnify and defend Spellbound and its parents, affiliates, officers, directors, agents, employees, designers, licensors, and members, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment comprising the escape room activities (collectively, the “Releasees”) and hold them harmless from any and all claims or causes of action arising out of my and/or my child’s participation in the escape room activities. I expressly release and forever discharge Releasees from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury, or death, while participating in the escape room activities offered by Spellbound. This indemnity and release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of any Releasees or from any other cause. Should any claim be made, I understand and agree that, in addition to liability for all damages and liability, I will be responsible for all attorneys’ fees and defense costs incurred by Spellbound in connection with or in the defense of that claim. I also agree that any legal claim brought in relation to my participation in the escape room activities shall be resolved under Massachusetts law notwithstanding the location of the activity or any conflict of laws provisions.
I agree to pay for any and all damage to the facilities of Spellbound caused by my negligent, reckless, or willful actions.
I hereby grant permission to Spellbound, and/or its employees, representatives or agents, to photograph, videotape, and/or record me in connection with the escape room activities. I further grant Spellbound the right to use my name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials or any other commercial or other use without reservation or limitation.
This Disclaimer shall be construed broadly to provide a release to the maximum extent permissible under applicable law.
I agree and acknowledge that I am under no pressure or duress to sign this Disclaimer and that I have been given a reasonable opportunity to review it before signing. I further acknowledge that I am free to have my own legal counsel review this Disclaimer if I so desire.
IF YOU ARE SICK OR HAVE BEEN SICK IN THE LAST 72 HOURS, OR HAVE BEEN WITH OR NEAR ANYONE THAT WAS SICK OR MAY HAVE BEEN SICK DURING THAT TIME
DO NOT ENTER. These include, and by entering you represent you haven’t had or been near anyone in this timeframe that has had:
Fever • Chills • Repeated shaking with chills • Muscle pain • Headache • Sore throat • New loss of taste or smell
Please also stay home and do not enter if you are in a high risk category or over 65.
I HAVE READ THIS DISCLAIMER IN ITS ENTIRETY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM VOLUNTARILY GIVING UP MY RIGHT TO BRING A LAWSUIT OR CLAIM AGAINST THE ABOVE‐MENTIONED RELEASEES.