For the safety of the participant and others the participant agrees to abide by the “Game Rules” as posted. If the participant has any questions about the Game Rules they must ask a representative of Perplexodus Escapes prior to participating in the Activities. The participant acknowledges that Perplexodus Escapes may terminate the Activities at any time should any participant fail or refuse to abide by the Game Rules or otherwise fail to follow the instruction of a representative of Perplexodus Escapes. Upon such termination no participant shall have the right to a refund of any portion of the fee paid to participate in the Activities.
There is a small risk that the Activities may result in an injury, injuries, death, or property damage to the participant. To the extent permitted by law, participant assumes full responsibility for any such risk while participating in the Activities whether that damage is a result of the actions of the Perplexodus Parties or otherwise. Participant shall indemnify and hold the Perplexodus Parties harmless from any claim or cause of action from third parties including medical providers, resulting from participant’s participation in the Activities and agrees to reimburse each Perplexodus Party for reasonable legal fees and costs incurred by the Perplexodus Party arising out of such cause of action. The participant hereby acknowledges the risks and to the extent permitted by law, on behalf of the participant and the participant’s beneficiaries, heirs, executor, administrator and next of kin, hereby releases, waives, discharges, and covenants not to sue Perplexodus Escapes, it officers, members, managers, promoters, employees, business partners and the owner of the property housing the Activities (collectively ‘Perplexodus Parties” or singularly “Perplexodus Party”) for any and all claims, demands, actions or right of action, liabilities, bodily injuries (including paralysis and death), property damage or any and all other claims or damages as a result of the participant’s participation in the Activities. By signing or otherwise accepting this Release and Waiver Agreement the participant releases any and all claim, of whatever nature, present and future, as set forth above.
The participant acknowledges that the participant has inspected or has a clear understanding of the facilities, equipment and areas to be used for the Activities and is voluntarily participating despite the risk involved including but not limited to the risk of falls, injurious contact with other participants or actors, defective equipment, flying objects, falling, hazardous room conditions and hazards that may be posed by the Perplexodus Parties.
Participant understands and agrees that upon purchase of the right to participate in the Activities there will be no refund for the purchase under any condition.
Perplexodus Escapes retains the right to any photos, video or sound footage taken of the participant during the Activities the (“Audio Visual Product”). The participant grants Perplexodus Escapes the right to use the Audio Visual Product for Perplexodus Escapes’ marketing and promotional purposes. Email address collected on this form can and will be used to send special offers and business updates. Subscribers may opt out at any time using the link provided in every email.
Participant acknowledges that Perplexodus Escapes spends considerable time and resources to develop the puzzles and other intellectual property (the “Intellectual Property”) related to the Activities and the Intellectual Property is not known to the general public. Participant’s disclosure of the Intellectual Property to the general public will be detrimental to Perplexodus Escapes. Perplexodus Escapes agrees to allow participant access to the Activities in exchange for, among other consideration, the participant holding the Intellectual Property in strict confidence. The parties agree that upon breach of this provision by the participant, participant shall pay Perplexodus Escapes liquidated damages in the amount of $20,000.00 along with the reasonable attorney fees and costs of Perplexodus Escapes resulting from enforcement of this provision (the “Damages Amount”). The parties acknowledge that actual damages will be difficult to ascertain and the Damages Amount represents the parties’ best estimate of such damages.
The participant shall be responsible for all damage resulting from the actions of the participant including but not limited to damage to the real estate where the Activities occur, damage to the props, equipment, and all other property of the Perplexodus Parties and the property of all other individuals as a result of the participant’s actions. If damage occurs, participant shall be charged immediately for those damages.
Participant has carefully read the above release and waiver agreement and understands the contents of the agreement and signs this release and waiver agreement as participant’s own free and voluntary act.
If any provision of this Waiver and Release Agreement is found to be unenforceable it shall not invalidate the agreement and the remaining provisions shall be enforced.
PARTICIPATION WILL BE DENIED IF THE DATED SIGNATURE OF AN ADULT PARTICIPANT OR PARENT IS NOT RECORDED PRIOR TO OR AT THE TIME AND PLACE OF THE SCHEDULED ACTIVITIES.