All participants must complete a liability waiver before entering our escape rooms. Waivers are valid for 6 months from the date of signing.
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Date of Signing:
Parties: This Agreement is entered into by and between Get Out Games, LLC, a Utah limited liability company, its officers, managers, members, employees, agents, volunteers, contractors, successors, and assigns (collectively, "Releasees"), and the undersigned individual ("Participant"), including any minor children listed herein.
Participant voluntarily desires to participate in escape room entertainment activities operated by Get Out Games, LLC at its Provo, Utah facility. Activities include but are not limited to: solving puzzles in themed rooms; navigating enclosed or confined spaces with reduced or theatrical lighting; interacting with props, locks, electronic devices, theatrical sets, furniture, and physical structures; participating alongside other guests; and any other activities associated with escape room entertainment (collectively, the "Activities"). Participant understands that Activities are recreational entertainment and involve both physical and mental exertion.
Participant expressly acknowledges and represents that they have full knowledge that the Activities involve INHERENT RISKS OF HARM, BODILY INJURY, OR DEATH that cannot be eliminated regardless of the care taken by the Company. These risks include, but are not limited to:
Participant acknowledges that this list is not exhaustive and that additional risks may exist. Participant voluntarily assumes ALL risks, both known and unknown, foreseen and unforeseen, associated with the Activities.
Participant, on behalf of themselves and any minor participants listed herein, VOLUNTARILY AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS associated with participation in the Activities, whether caused by the active or passive negligence of the Releasees or otherwise. Participant acknowledges that they are fully aware of the nature of the risks involved, that their decision to participate is made freely, knowingly, and voluntarily, and that escape room participation is entirely optional.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Participant, on behalf of themselves, their heirs, personal representatives, executors, administrators, guardians, successors, and assigns (collectively, "Releasors"), hereby IRREVOCABLY AND UNCONDITIONALLY RELEASES, WAIVES, AND FOREVER DISCHARGES the Releasees from ANY AND ALL liability, claims, demands, actions, suits, causes of action, judgments, losses, damages, costs, and expenses of every kind and nature, including attorneys' fees and court costs, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, CONTINGENT OR ABSOLUTE, arising out of or related to:
This Release applies to all claims that Participant now has or may have in the future, including claims from causes not yet known or discovered. Participant specifically and intentionally waives the protection of any statute providing that a general release does not extend to claims not known or suspected at the time of signing.
Participant agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from and against any and all claims, demands, actions, suits, costs, expenses (including reasonable attorneys' fees and litigation costs), losses, damages, liabilities, and judgments of any kind whatsoever, arising out of or in connection with: (a) Participant's participation in the Activities; (b) any breach by Participant of this Agreement or any facility rules; (c) the participation of any minor child for whom Participant has executed this waiver; or (d) the negligent or intentional acts or omissions of Participant or any minor participant. This indemnification obligation shall survive the termination or expiration of this Agreement.
Participant covenants and agrees that they will NOT commence, maintain, or prosecute any action, suit, or proceeding in any court or forum against any Releasee arising out of or related to the Activities or any injury, loss, or damage occurring in connection therewith. If Participant or any Releasor breaches this covenant, Participant shall be solely responsible for all costs, court fees, and attorneys' fees incurred by the Releasees in defending such action. Participant further agrees to indemnify the Releasees for all costs incurred in enforcing this covenant.
Participant represents, warrants, and confirms that: (a) they are in good physical and mental health and are not aware of any condition that would prevent safe participation; (b) they have consulted or will consult a licensed physician if they have any concern about their ability to participate safely; (c) they will immediately notify a staff member of any medical concern that arises before or during the Activities; and (d) they are NOT under the influence of alcohol, illegal substances, or any medication that may impair judgment, coordination, or awareness.
Medical Authorization: In the event of injury or medical emergency, Participant authorizes Get Out Games staff to contact emergency medical services (911) and take such action as is reasonably necessary for Participant's safety and well-being. Participant acknowledges and agrees that the Company bears NO financial responsibility for the cost of any emergency medical treatment rendered, and Participant agrees to be solely responsible for all such costs.
Participant agrees to: (a) follow all verbal and written instructions provided by Get Out Games staff before, during, and after the Activities; (b) comply with all posted facility rules and safety guidelines; (c) use all props and equipment only as directed; (d) immediately exit the room if instructed by staff or in response to any alarm or emergency signal; (e) refrain from consuming alcohol or any impairing substance before or during participation; (f) not bring food, beverages, or personal items into escape rooms unless expressly permitted; (g) treat all props, set pieces, and equipment with appropriate care; (h) not engage in aggressive, reckless, violent, or unsafe behavior; and (i) not attempt to dismantle, damage, or remove any property belonging to the Company. Participant acknowledges that violation of facility rules may result in immediate removal from the premises without refund and may subject Participant to legal liability for damages.
If Participant is executing this Agreement on behalf of one or more persons under the age of 18 ("Minors"), Participant expressly represents and warrants that: (a) they are the parent or legal guardian of each Minor listed herein and possess full legal authority to execute this Agreement on each Minor's behalf; (b) they accept personal and sole responsibility for the safety, conduct, and supervision of each Minor during the Activities; (c) they have read and fully understand that by executing this Agreement on behalf of each Minor, they are expressly waiving legal rights โ including the right to sue โ that would otherwise belong to the Minor; and (d) each Minor has been informed of and has agreed to abide by all facility rules and safety guidelines. This waiver and release is intended to be binding upon each Minor to the fullest extent permitted under Utah law. If any provision of this waiver is found unenforceable as to a Minor, it shall remain in full force as to the signing Participant.
Unless Participant has expressly declined this release during the registration process, Participant grants Get Out Games, LLC and its successors and assigns the irrevocable, royalty-free, worldwide right and license to photograph, video record, and otherwise capture Participant's and any Minor's image, likeness, voice, and participation in the Activities, and to use such materials in any and all media and formats, including but not limited to websites, social media platforms, television, print advertising, and promotional materials, without compensation, advance notice, or further consent. Participant waives any right to inspect or approve the final product or the use to which such materials are put and acknowledges that such materials may be used indefinitely.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY RELEASEE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, EMOTIONAL DISTRESS, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITIES OR THIS AGREEMENT, EVEN IF SUCH RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF THE RELEASEES TO ANY PARTICIPANT FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE ACTIVITIES SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY PARTICIPANT FOR THE SPECIFIC ACTIVITY SESSION GIVING RISE TO THE CLAIM.
PARTICIPANT AND THE COMPANY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ACTIVITIES, OR PARTICIPANT'S RELATIONSHIP WITH THE COMPANY, INCLUDING ANY CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGE, OR VIOLATION OF ANY STATUTE OR COMMON LAW RIGHT (collectively, "Disputes"), SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION before a single neutral arbitrator administered by the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules, rather than in court. Arbitration shall take place in Utah County, Utah. PARTICIPANT EXPRESSLY, KNOWINGLY, AND VOLUNTARILY WAIVES ANY AND ALL RIGHTS TO A TRIAL BY JURY. PARTICIPANT ALSO EXPRESSLY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. The arbitrator shall have no authority to consolidate claims or to conduct any form of class arbitration. Any arbitration award may be entered as a judgment in any court of competent jurisdiction.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Utah, without regard to its conflict of laws principles. For any Disputes not subject to binding arbitration, Participant irrevocably submits to and consents to the exclusive jurisdiction and venue of the state and federal courts located in Utah County, State of Utah. Participant expressly waives any objection to such jurisdiction or venue, including any objection on the basis of inconvenient forum.
If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from the remainder of this Agreement, which shall continue in full force and effect to the maximum extent permitted by law, as if the severed provision had never been included. The parties intend that each and every provision of this Agreement be given the fullest effect permissible under applicable law.
This Agreement constitutes the entire agreement between Participant and Get Out Games, LLC with respect to the subject matter hereof. It supersedes all prior or contemporaneous understandings, representations, warranties, and agreements, whether written or oral. This Agreement may not be modified, amended, or waived except by a written instrument signed by an authorized representative of Get Out Games, LLC. No oral statement by any employee or agent of the Company shall modify the terms of this Agreement, and Participant acknowledges they have not relied on any such oral statement.
This executed waiver shall be valid for a period of six (6) months from the date of signing. Upon expiration, Participant may be required to execute a new waiver before participating in further Activities. The Company reserves the right, in its sole and absolute discretion, to require a new waiver at any time, regardless of the remaining validity period of any prior waiver.
Participant agrees and acknowledges that their electronic signature constitutes a valid and legally binding signature under the Utah Uniform Electronic Transactions Act (Utah Code Ann. ยง 46-4-101 et seq.) and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. ยง 7001 et seq.). By typing their full legal name in the designated signature field, Participant expressly agrees that such electronic signature has the same legal force and effect as a handwritten signature and acknowledges that this Agreement, when electronically signed, constitutes a valid and enforceable contract.
PARTICIPANT ACKNOWLEDGES AND CONFIRMS THAT: (A) THEY HAVE READ THIS ENTIRE AGREEMENT IN FULL; (B) THEY FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS; (C) THEY ARE SIGNING FREELY, VOLUNTARILY, AND WITHOUT DURESS, COERCION, OR UNDUE INFLUENCE OF ANY KIND; (D) THEY ARE AT LEAST 18 YEARS OF AGE, OR THEY ARE THE PARENT OR LEGAL GUARDIAN OF ALL MINORS LISTED HEREIN AND HAVE THE LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT ON THEIR BEHALF; (E) THEY HAVE HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF THEIR CHOOSING BEFORE SIGNING; AND (F) BY SIGNING, THEY ARE KNOWINGLY AND VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT AGAINST GET OUT GAMES, LLC FOR INJURIES OR LOSSES CAUSED BY THE COMPANY'S NEGLIGENCE.
Type your full legal name exactly as provided to create your legally binding electronic signature.
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Type your full legal name below exactly as entered โ โ to sign. This constitutes your legally binding electronic signature under Utah Code ยง 46-4-101.
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