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Liability Release, Terms, Waiver, Assumption of Risk, and Indemnification Agreement

Wonders Center Escape Rooms Liability Release

PERMANENT RELEASE OF LIABILITY, WAIVER, ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENT

David Rives Ministries and Wonders Center & Science Museum, its affiliates, subsidiaries and related companies (collectively the “Company,”) is the operator of Wonders Center Escape Rooms and other experiential activities (collectively the “Activity”).

This Permanent Release of Liability, Waiver, assumption of Risk & Indemnification Agreement (the “Agreement”) is a binding agreement between you and the Company outlining the terms and conditions applicable to entry to the Company premises and/or participation in the Activity, and you hereby agree, warrant and covenant to the terms hereof.

To the extent you are entering into this Agreement on behalf of yourself and/or as well as a condition to permit identified minor children to enter the Company premises and/or participate in the Activity (such minor children together with you collectively “Participant”) you represent, warrant and agree that (i) you are the parent, guardian, or other authorized representative of the minor children; (ii) you have the full legal authority or otherwise have been duly authorized to act as agent on behalf of the party with legal authority, to permit the minor children’s entry to the premises and/or participation in the Activity, waive/grant the rights herein and agree to the terms of this Agreement on behalf of Participant; (iii) you are solely responsible for the safety of such minor children when on the Company premises or participating in the Activity; (iv) you agree to the terms of this Agreement which are binding on all Participants; and (v) you agree to indemnify and hold the Company, its successors and assigns harmless from and against any claims, damages, costs, demand and fees including reasonable attorneys’ fees arising from any inaccuracy of the foregoing or claim by any party on behalf of such minor children which are contrary to the terms herein. By agreeing to this Agreement, you acknowledge that the terms shall apply equally to you and any third party to whom you are acting as agent.

PARTICIPATING IN THE ACTIVITY MAY INVOLVE THE PERFORMANCE OF CERTAIN TASKS AND/OR USE OF VARIOUS TOOLS AND OBJECTS, WHICH MAY CREATE A RISK OF PERSONAL INJURY. THE COMPANY PREMISES MAY HAVE HIDDEN OBSTRUCTIONS, OR NATURAL OR MANMADE OBJECTS WHICH MAY BE DANGEROUS TO PARTICIPANTS. PARTICIPANTS MUST LOOK OUT FOR THEIR OWN SAFETY ON THESE PREMISES, AS WELL AS PHYSICAL CONDITIONS WHICH MAY EXIST ON THESE PREMISES. YOU HEREBY ACKNOWLEDGE THAT PARTICIPANT IS VOLUNTARILY ENTERING THE PREMISES AND ENGAGING IN THE ACTIVITY WITH KNOWLEDGE OF THE RISK OF DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, PREMISES LOSS, OR DAMAGE.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND COMPANY ARE RESOLVED, WHICH INCLUDE A WAIVER OF CLAIMS, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER.

Please note, you must execute and submit this Agreement to us before a Participant can participate in the Activity or enter the premises. There will be no exceptions.

As a part of the lawful consideration for Participant being permitted to enter the premises and/or participate in the Activity by Company, you hereby freely acknowledge, accept, understand, and agree to the following:

  1. I am aware that (a) there may be natural or man-made hazards on the Company premises or in connection with the Activity; (b) the use of tools or other objects that are provided as part of the Activity or performance of certain tasks may create a risk of personal injury; (c) the Activity may include simulated confinement in a room or rooms, and the Activity is mentally intense, and may be physically intense; (d) there are risks associated with participation in the Activity, which 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/or death; (e) participation in the Activity may involve physical activity, including, but not limited to crouching, crawling, reaching, lifting, unusual uses of limbs, riding a stationary bike, or other activities and tasks which could raise a participant’s heart rate, result in injury, or result in a re-injury of a previous injury; and (e) the Activity may involve variations in lighting, limited vision, darkness, the feeling of being in an enclosed space, feelings of pressure related to time constraints, exposure to laser lights or similar conditions. I understand and agree that the foregoing list is provided for illustrative and informative purposes only and is not intended to be exhaustive or to in any manner limit the intended broad reach of this Agreement. I represent on behalf of Participant that I understand the nature of the Activity and that the Participant is qualified, in good health, and in proper physical condition to participate in the Activity. I acknowledge that if I believe any aspect of the Activity or conditions thereto are unsafe, or if the Participant is unfit for any component of Activity participation, I will immediately discontinue the Participant from participating in the Activity.
  2. I fully understand that this Activity involves risks of physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, property damage and/or death, which may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or the negligence of Company; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs and damages Participant may incur as a result in connection with the Activity.
  3. I am aware and I understand that injuries or outcomes may arise from Participant’s own or other individuals actions, inaction, or negligence; conditions related to travel; or the condition of the Activity location(s). Nonetheless, I assume all related risks on behalf of Participant, both known or unknown to me, of my participation in this Activity, including travel to, from and during the Activity.
  4. I hereby acknowledge that I have voluntarily chosen or I have voluntarily permitted Participant to participate in the Activity including with persons Participant may or may not know. I further assume all risks to Participant in connection with such hazards or risks, as well as Participant’s participation in the Activity, presence on the Company premises, and acceptance of related services provided by the Company. I understand the danger(s) involved and hereby agree to accept any and all risk of losses, injury (including, but not limited to, death), premises loss, or damage to or on behalf of Participant.
  5. I agree and understand that I am solely liable for the safety of Participant and further acknowledge, agree, and understand that as a condition to permitting the Participant to enter the premises or participate in the Activity, the Company, and their employees and agents assume and have no liability or responsibility for any ‘s safety.
  6. I warrant that I have the right to sign on behalf of ALL participants within my party and/or that I have purchased tickets for or brought to the premises. I understand and have made ever individual aware that this waiver applies to ALL participants within my party and/or that I have purchased tickets for or brought to the premises.
  7. I understand that the Activity and Participant’s participation in the Activity may be photographed, videotaped or otherwise recorded and that the descriptions or accounts of such participation may be written or otherwise documented. I acknowledge and agree that Company, its successors, licensees and assigns have an irrevocable, perpetual, royalty free, worldwide license and are hereby permitted to use my name, voice, image, or likeness captured in connection with the Activity as well as any written or recorded accounts thereof (collectively the “Image Rights”) in whole or in part, free of charge in connection with the marketing, promotion or business of the Activity, the Company or its successors, licensees and assigns, in any and all manner or media (now known or hereafter) developed including but not limited to on Company’s website, social media accounts, marketing materials, email marketing messaging, promotional items, merchandise or otherwise sold or distributed to other participants or third parties. I further acknowledge the Company owns all copyright or other intellectual property and related rights in such photographs, videos, recordings or other materials. I also understand that the Company’s use of my email address and other personal information I provide is subject to the Company privacy policy which I acknowledge have received and reviewed. I acknowledge that all elements of the Activity, including but not limited to concepts, storylines, designs, layout, decoration and other materials are the exclusive property of the Company and I agree not to take any action inconsistent with the Company’s ownership of such property.
  8. Notwithstanding any other provision of this Agreement, and to the fullest extent allowed by law, as consideration of Participant being permitted to enter the premises and/or participate in the Activity and for other good and valuable consideration, I agree on behalf of Participant TO RELEASE DISCHARGE, AND WAIVE THE RIGHT TO ASSERT ANY CLAIM, DEMAND, AND/OR CAUSE OF ACTION WHICH PARTICIPANT OR PARTICIPANT’S FAMILY, ESTATE, HEIRS OR ASSIGNS NOW HAS OR MAY HAVE IN THE FUTURE AGAINST AND AGREE NOT TO SUE: (1) Company, its successors and assigns and all of their members, shareholders, officers, owners, employees, insurers, agents, volunteers, and related persons and entities, in their official and individual capacities; and (2) the premises owner and landlord who leases the premises where the Activity is located (collectively referred to herein as the “Releasees”) for any injury (including without limitation, personal injury, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, paralysis or death) to Participant’s person, economic or emotional loss, person property or other damages resulting from or related to Participant’s presence on the premises and/or participation in the Activity, regardless of whether such injuries or damages result from the negligence, in whole or in part, strict liability, professional errors or omissions, or other acts of the Participant, the Releasees, and/or any other person(s) in connection with the Activity. I acknowledge and agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State in which the Activity is taking place. I hereby expressly waive all rights under Section 1542 of the Civil Code of the State of California (for California residents) or any and all similar laws of any jurisdiction. I am aware that Section 1532 of the Civil Code of the State of California provides as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
  9. I further agreed to indemnify and hold the Releasees harmless from and against any and all liability, loss, damage, claim, suit or action of any and every type including but not limited to all reasonable attorneys’ fees and costs (by counsel of Releasee’s choosing) and costs of defense claims arising from or related to (a) any actual or alleged personal or property damage or other injury (including death) including but not limited to those of an intangible nature (such as mental anguish, physical pain and suffering, loss of earnings or earning capacity and loss of consortium claims) suffered by or in connection with Participant or any individual or entity in connection with Participant’s presence on the premises or participation in the Activity whether it occurs before, during or after Participant’s presence on the premises or engaging in the Activity irrespective of whether such damage or loss is caused in whole or in part by the negligence, strict liability, or other acts of the Releasees, and/or other person(s); or (b) the breach of any term or condition of this Agreement or any representation or warranty herein; or (c) or claims which are contrary to the grant of rights herein including but not limited to grant of rights in the Image Rights or claims by any Participant or representative of a minor child Participant that is contrary to the terms hereof. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PARTICIPANTS PRESENCE ON THE PREMISES OR PARTICIPATION IN THE ACTIVITY OR EXERCISE OF RIGHTS BY COMPANY PROVIDED HEREIN.
  10. I ACKNOWLEDGE AND AGREE THAT THE ACTIVITY IS BEING PROVIDE “AS IS” AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  11. I acknowledge and agree that this Agreement is and shall remain effective for all entries onto the Company premises by me and my participation in any Activity. I acknowledge that I may only enter the Company premises and participate in any Activity at such times and places and only for such purposes as permitted by the Company.
  12. I further acknowledge and agree that this Agreement shall be binding upon me, the Participant and each of our estates, heirs, family members, distributees, personal representatives, guardians, conservators, agents, successors and assigns, and shall inure to the benefit of the Company and its managers, members, shareholders, officers, owners, employees, insurers, agents, volunteers, successors and assigns, and any of their affiliates, subsidiaries, respective members, members, shareholders, directors, officers, and related persons and entities, in their official and individual capacities, and the premises owner and landlord who leases the premises to the Company.
  13. I agree that this agreement is governed by the laws of The State of Tennessee and expressly consent and agree to submit to the exclusive jurisdiction and venue of the Federal or State courts located in the United States in connection with any disputes arising out of or related to this Agreement or the validity or enforceability thereof. YOU KNOWINGLY, VOLUNTARILY AND WILLINGLY AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT TAKES PLACE RELATED TO OR ARISING TO THIS AGREEMENT AND AGREED THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS. THE PARTIES AGREE THAT PARTICIPANT IS KNOWINGLY , VOLUNTARILY AND WILLINGLY WAIVING THE RIGHT TO PARTICIPATE IN OR BE REPRESENTED IN ANY CLASS ACTION OR CLASS ARBITRATION RELATED TO THIS AGREEMENT OR PARTICIPANT’S PRESENCE ON THE PREMISES OR PARTICIPATION IN THE ACTIVITY.
  14. If any provision of this Agreement is held invalid by a court of competent jurisdiction, it is acknowledged and agreed that the remaining provisions shall remain in full force and effect and the effected provision shall be reformed and enforced to the greatest extent permitted by law.

CAUTION: READ BEFORE ACCEPTING THE TERMS

I have carefully read this Release/Waiver, Assumption of Risk, and Indemnification Agreement and represent that I fully understand and accept its terms and conditions. I understand and acknowledge that I will be permanently giving up substantial rights by signing this Agreement, and I am aware of the legal consequences of doing so. I am aware that this is a permanent release of liability and waiver of claims against the Releasees and constitutes a binding contract between myself and the Releasees. I hereby represent that I am of legal age and sound mind and have signed this Agreement freely and voluntarily, without inducement, assurance or guarantee being made to me. I further intend my signature to be a complete and unconditional legal release of all liability of the Releasees in connection with Participant’s participation in the Activity or presence in the premises, and a waiver of my related legal rights, to the greatest extent allowed by law.

I HAVE READ THE FOREGOING AGREEMENT AND I UNDERSTAND AND FREELY AGREE TO THE TERMS HEREIN.