ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM

To the best of my knowledge, I am in good physical condition and fully able to participate in this event. I am fully aware of the risks and hazards connected with the participation in this event, including physical injury or even death, and hereby elect to voluntarily participate in said event, knowing that the associated physical activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or loss or damage to property owned by me, as a result of participation in this event.  I am aware of the use of FLASHING LIGHTS AND STRONG MAGNETS in the facility. 

If you have experienced epileptic symptoms in the past, you should speak to your doctor before participating in any of our activities.

I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE , Lighthouse Rad. DBA That Escape Place, LLC. , (TEP),  their subsidiaries, officers, servants, agents, and employees (hereinafter referred to as Company)as well as Ubisoft and other game manufacturers from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in physical activity, or while on or upon the premises where the event is being conducted.

It is my expressed intent that this release and hold harmless agreement shall bind the members of my family, spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVE, DISCHARGE, and CONVENTION NOT TO SUE the above named RELEASES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be constructed in accordance with the laws of the State of Texas.

In signing this release, I acknowledge and represent that I HAVE READ THE FOREGOING Waiver of Liability and Hold Harmless Agreement, UNDERSTAND IT AND SIGN IT VOLUNTARILY as my own free act and deed; no oral representations, statements or inducements, apart from foregoing written agreements, have been made: and I EXECUTE THIS RELEASE FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.

COVID-19

RELEASE AND WAIVER. In consideration of participating in entertainment activities at TEP,  I, being 18 years of age or older, do hereby forever release, waive, discharge, and covenant not to sue and its past, current, and future officers, directors, employees, members, volunteers, contractors, representatives, parents, owners, affiliates, agents, successors, and assigns from any and all damages, injuries, losses, liability, claims, causes of action, litigation, or demands, including but not limited to those for personal injury, sickness, or death, as well as property damages and expenses, of any nature whatsoever which may be incurred, directly or indirectly, now or in the future, in any way related to COVID-19 and in connection with my participation in the Services or any travel related thereto. I promise not to sue Service Provider for any of the foregoing.

ASSUMPTION OF RISKS. I understand that while TEP has undertaken reasonable steps to lessen the risk of transmission of COVID-19, TEP is not responsible in any manner for any risks related to COVID-19 in connection with participating in activities or visiting the facilities. I understand that the World Health Organization has classified the COVID-19 outbreak as a pandemic. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that participation in the activities (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks. Furthermore, I represent and warrant that I do not suffer from any medical condition or disease that might in any way hinder or prevent me from participating, including, to my knowledge, COVID-19.

This COVID-19 Assumption of Risk, Release, and Waiver of Liability Agreement (“Agreement”) shall be binding on my heirs, executors, administrators, successors, and assigns. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This Agreement contains the entire understanding of the parties relating to the subject matter, and shall not be altered, modified, amended, waived or supplemented in any manner whatsoever except by a written agreement signed by both parties hereto or their duly authorized representatives. This Agreement may be executed, made and delivered electronically.

To the maximum extent permitted by applicable law, I (a) covenant and agree not to elect a trial by jury with respect to any issue arising out of this Agreement or the Services that is triable of right by a jury, and (b) waive any right to trial by jury with respect to such issue to the extent that any such right exists now or in the future. This waiver of right to trial by jury is given knowingly and voluntarily.

I have read and understood this Agreement and enter into it voluntarily in consideration of the opportunity to participate in the Services. I acknowledge I am giving up legal rights and/or remedies which may be available to me.

APPEARANCE RELEASE

All  use of personal cameras, tape recorders and video recorders (including when incorporated in cellular phones) are forbidden once inside of the activity. You hereby grant company the right to use your image, likeness, actions and statements in any transmission, publication or reproduction of the show /activity in any means or circumstances, without any further permission or compensation. 

For good and valuable consideration, the receipt of which from Company is acknowledged, I hereby expressly grant to Company and to Company’s assignees and to Company’s and such assigns employees, agents, licensees and assigns, the right to photograph, film or tape me, and to record my voice, conversations, performances, poses, acts, musical compositions, plays and appearances, and to use my picture, photographs, silhouette and other reproductions of my physical likeness and sounds as part of any still camera photograph, motion picture, film and/or video tape (hereinafter Products), and in connection with the exhibition, distribution, broadcasting (online, theatrically, on television or otherwise) of the Products, or any derivative works thereof, in perpetuity, and in any medium or form, whether alone or coupled together with other audio or audio-visual material, and for any advertising, promotion, or any other lawful purpose whatsoever. I expressly understand and agree that any such photograph, film, tape or other recording of my physical likeness and performances as embodied in the Products, all rights therein as embodied in the Products, and all results and proceeds derived therefrom, shall be the sole and absolute property of Company, in perpetuity, and that Company, its licensees, successors and assigns shall have the unlimited right throughout the universe to copyright and publish, exhibit or use the Products or any part thereof as set forth herein.

I agree that I will not assert or maintain against Company, and/or Company's successors, assignees and licensees, any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to those grounded upon invasion of privacy, rights of publicity, moral rights or other civil rights, or for any other reason in connection with Company's use of my physical likeness and performances in the Products as herein provided. I hereby release Company, its successors, assigns and licensees, and each of them, from and against any and all claims, liabilities, demands, actions, causes of action, costs and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which I ever had, now have, or may, shall or hereafter have by reason, matter, cause or thing arising out of Company’s use as herein provided.

I further agree that Company may use and license others to use my name, voice, likeness and any biographical material concerning me which I may provide, in any and all media, and in the promotion, advertising, and publicizing of the Products, throughout the world in all media, by any method or device now known or hereafter devised, an unlimited number of times, and in perpetuity. I further represent that any statements made by me during my appearance are true to the best of my knowledge, and that neither they nor my appearance and performances will violate or infringe upon the rights of any third party.

I hereby waive any right or inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge that Company will rely on this permission potentially, at substantial cost to Company. and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.

I affirm that neither I, nor anyone acting for me, gave or agreed to give anything of value to any of Company's employees or any representative of any television station, network or production entity for arranging my appearance on the Products.