This Participation Agreement (the “Agreement”) is made on this date by and between:
HRAY Matter Technologies LLC, doing business as “The Escape Era” and having an office at 5830 Oberlin Drive,
San Diego, California, 92121; and Participant(s) listed below.
The Escape Era hosts a Live Escape Room Experience (the “Deja Vu” and the “Arcade”) and Participant(s) will join the selected Event at the property and on the location / facilities of The Escape Era.
Participant(s) hereby agrees and voluntarily and fully accepts all of the following terms and conditions for himself / herself and other family members, if applicable, who participate in the Event on the date first written above.
1. Participant(s) will observe and obey all posted rules and warnings and also comply with and follow any written or oral instructions or directions given by The Escape Era or its employees, representatives or agents.
2. Participant(s) recognizes that there are risks associated with the Event and Participant(s) assumes full and sole responsibility for any and all types of injuries to himself / herself and other family members, if applicable, who participate in the Event.
3. Participate releases and discharges The Escape Era, its owners, employees, representatives and/or agents for any / all types of injury that he / she may suffer in connection with or related to his / her participation in the Event, along with or any and all types of loss or damage arising out of his / her or the family’s use of or presence at facilities of The Escape Era, whether caused by Participant(s), his / her family, The Escape Era or any other person of any type.
4. Participant(s) accepts that the Event will involve flashing lights, strobe lights, tight spaces, colors, smoke and smells. If Participant(s) is pregnant, has a heart condition or other health condition / issue, or is sensitive to such items or believes that this activity may adversely affect his/her health, then Participant(s) should not join in the Event.
5. Participant(s) will not touch or otherwise make purposeful physical contact with any employees, representatives and/or agents of The Escape Era.
6. Participant(s) will release, indemnify/defend and hold harmless The Escape Era, its owners, employees, representatives, and agents against any and all claims, causes of action, damages, judgments, cost or expenses (including attorneys’ fees and other litigation costs, if any), that may arise in any way from the use by Participant(s) or his/her family members of the facilities of The Escape Era and/or in connection with or related in any way to Participant(s) joining in the Event.
7. Participant(s) will pay to The Escape Era any and all required costs and expenses for any type of damage to the facilities of The Escape Era caused by the negligent, reckless or willful conduct of Participant(s) or his/her family members while at the Event.
8. Participate voluntarily signs this Agreement and has been given sufficient time to review this Agreement. Participant(s) can also have his/her own legal counsel review this agreement if desired. Participant(s) acknowledges that The Escape Era has offered to refund any fees paid to join the Event if Participant(s) decides not to sign this Agreement.
9. If there is any ambiguity in the interpretation of this Agreement, or any of its provisions, the parties reject the application of any legal or equitable rule of interpretation which lead to a construction either for or against a particular party based upon the status as the drafter of a specific term or provision giving rise to such ambiguity.
10. The invalidity or unenforceability of any provision of this Agreement, whether alone or as applied to particular occurrence or circumstances, shall not affect the validity / enforceability / applicability of other provisions herein, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
11. Participant(s) authorizes The Escape Era, to use the following personal information: (a) my picture – including photographic, motion picture, and electronic (video) images; and (b) my voice – including sound and video recordings.
12. Participant(s) grants to The Escape Era, its subsidiaries, licensees, successors and assigns, the right to use, publish and reproduce, for all purposes, my name, picture of me in film and electronic (video) form, sound and video recordings of my voice, and printed electronic copy of the information described in Section 12(a) and (b) above in any and all media including cable and broadcast television and the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meeting, hearings, educational conferences, and in brochures and other print media in connection with the advertisement and promotion of the Event and The Escape Era. This permission extends to all language, media, formats, and markets now known or hereafter devised. This permission shall continue forever unless I revoke the permission in writing.
13. Participant(s) further grants The Escape Era all right, title, and interest that Participant(s) may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant The Escape Era the right to such materials for marketing, communications, or advertising purposes, as it deems fit.
14. Participant(s) waives the right to receive any payment for signing this Agreement and waives the right to receive any payment for The Escape Era’s use of, or any rights to inspect or approve, finished photographs, audio, video, multimedia, or advertising and copy printed matter or computer generated scanned images and other electronic media that may be used in conjunction therewith or to approve the eventual use to which it might be applied.
15. Participant(s) acknowledges that during the course of the Event and while in the facilities of The Escape Era, Participant(s) will learn certain information that must remain confidential in order to ensure the continued success of The Escape Era and its operations, including the Event. Participant(s) acknowledges that his/her disclosure of any such information to third parties and/or the public, including through digital / social media would result in irreparable harm to The Escape Era. Thus, Participant(s) will treat confidentially all information acquired concerning the operation of the facilities of The Escape Era, including any “passcodes” or other information necessary to complete and participate in the Event. Participant(s) agrees that he/she will not disclose or cause to be disclosed such confidential or proprietary information to any third party or the public, including through the use of social media or other digital outlets.
16. Participant(s) waives any and all legal rights to seek any type of compensatory / incidental / exemplary / consequential damages and lost profits from The Escape Era and its owners, employees, representatives and agents.
17. Regardless of the legal claim pursued, the maximum amount of money that Participant(s) may receive from The Escape Era after joining the Event will be limited to the total admission fees paid on the date first written above.
18. This Agreement is governed by and interpreted in accordance with the laws of the State of California.
Participant(s) has read and understands all of the provisions in this Agreement and fully accepts that by signing this Agreement, he / she voluntarily surrender certain important legal rights.
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