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.
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.
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.
Must be signed by parent or legal guardian for any participant under 18 years of age.
