WAIVER AND RELEASE OF LIABILITY FORM
In consideration of my participation in the ADVENTURE ROOM (the “Activity”) operated by Epic Team Adventures, LLC, and/or its owners, agents, officers, representatives, employees, volunteers, affiliates, successors, and assigns (hereinafter collectively referred to as ETA), and as consideration for the right to participate in the Activity, I, the below signed Participant, hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and agree to the following:
1. I hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Epic Team Adventures, LLC, located at 2815 2nd Avenue Suite 290, Seattle, WA 98121, their affiliates, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to the Activity.
2. I am voluntarily participating in the Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in the Activity. To the extent that statue or case law does not prohibit releases for negligence, this release is also for negligence on the part of ETA, its agents and employees.
3. I agree to indemnify and hold harmless ETA against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If ETA incurs any of these types of expenses, I agree to reimburse ETA.
4. I agree that ETA, its employees, representatives or agents, has rights to use photos, video and audio recorded during Activity. These materials may be posted online for distribution and marketing purposes.
5. I acknowledge that ETA and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of ETA.
6. I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by facilities, temperature, condition of participants, equipment, and actions of others, including but not limited to, participants, volunteers, spectators, and/or producers of the event.
7. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
8. In the event that any damage to equipment or facilities or other persons occurs as a result of my or my party’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. I assume and bear all risks and costs of any injury or damage that I may cause as a result of my participation in the Activity. I also agree to reimburse ETA at full retail value for any loss or damage of any kind that I cause to the facilities or equipment, other than normal and expected wear and tear.
9. In the event that any provision contained within this release of liability shall be deemed to be servable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release can not be modified orally. I am aware that this is a release of liability and a contract and that I am agreeing to it of my own free will.