R6, 2017-10-29

NOTE: Enigma Escape Rooms does not accept paper waivers, please submit electronically.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

PLEASE READ CAREFULLY BEFORE SIGNING.THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

The person who is taking part in the Activities (defined below) shall be referred to hereinafter as “Participant ”. The “Undersigned” means only Participant when Participant is age 18 or older OR it means both Participant and Participant’s parent or legal guardian when Participant is under the age of 18. Participant desires to participate in an escape room, puzzle room, or puzzlehunt (the “Activities”) provided by Enigma LLC, a Colorado limited liability company with offices located at 1426 Pearl St. #020, Boulder, CO 80302 (the “Company”). In consideration for the Company allowing Participant to participate in the Activities, the Undersigned agrees to all the terms and conditions in this agreement (this “Agreement ”).

1. Acknowledgement and Assumption of Risk. The Undersigned is aware and understands that the Activities are HAZARDOUS and involve the risk of serious injury and/or death and/or property damage. The Undersigned acknowledges that the risks and dangers associated with the Activities include, but are not limited to, the following:

Strenuous physical activity requiring strength, flexibility and stamina including, but not limited to, walking, crawling, ducking, bending, and moving or lifting objects of up to thirty pounds
Fatigue
Dehydration
Use of tools including, but not limited to, screwdrivers, magnifying glasses, and handheld lights.
Slick or uneven surfaces, slipping, tripping, loss of balance, bumps, holes, debris, marked and unmarked obstacles, varying visibility, sidewalk or road obstruction, icy conditions
Storms, lightning, hail, snow or other adverse weather conditions
Other participants in the Activities or other parties, including, but not limited to, pedestrians or operators of vehicles, acting in a negligent manner that may cause and/or contribute to injury to you or others
Confinement in a small, possibly dark room or space for prolonged periods of time with up to twelve other persons
Equipment failure or equipment malfunction
Mental anguish or trauma from exposure to any of the above

The Undersigned acknowledges that this list is not an exclusive or exhaustive list of risks or dangers associated with the Activities. The Undersigned acknowledges and understands that the Activities may include risks and dangers that are inherent and/or that cannot be reasonably avoided without changing the nature of the Activities. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTANDS THE NATURE OF THE ACTIVITIES AND VOLUNTARILY CHOOSES FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITIES, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR CAUSED BY THE NEGLIGENCE OF THE COMPANY.

2. Ability to Participate in the Activities. The Undersigned represents that Participant is in good physical condition and able to undertake the Activities. T he Undersigned agrees to inform the Company of any limits of Participant with respect to Participant’s ability to safely engage in the Activities or to safely manage a particular escape room, puzzle room or puzzlehunt. The Undersigned also understands that the Company reserves the right to refuse any person the Company judges to be incapable of meeting the rigors and requirements of participating in the Activities.

3. Waiver, Release and Indemnification. THE UNDERSIGNED HEREBY AGREES NOT TO SUE the Company or any of the Company’s respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, shareholders, managers, and members (each hereinafter a “Released Party”) for any property damage, injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activities. By agreeing not to sue, the Undersigned is releasing any right to make a claim or file a lawsuit against any Released Party. Also, THE UNDERSIGNED AGREES TO HOLD HARMLESS AND RELEASE EACH AND EVERY RELEASED PARTY FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from Participant’s participation in the Activities, including, but not limited to, those claims based on any Released Party’s alleged or actual NEGLIGENCE or BREACH of any CONTRACT and/or express or implied WARRANTY. By execution of this Agreement, the Undersigned also AGREES TO DEFEND AND INDEMNIFY/REIMBURSE each Released Party from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys fees), including costs and fees associated with enforcing any right to indemnification under this Agreement, arising in whole or in part from Participant’s participation in the Activity.

4. Adult Participant. By signing this Agreement without a parent or legal guardian’s signature, the Undersigned, under penalty of fraud, represents that he/she is at least 18 years of age.

5. Minor Participant. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, the parent or legal guardian understands that he/she is also waiving certain rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that but for the foregoing, the minor Participant would not be permitted to participate in the Activities. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.

6. Jurisdiction and Choice of Law. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the state courts located in Boulder County, Colorado or the federal courts located in Denver County, Colorado. The Undersigned hereby consents to the exclusive jurisdiction of such courts.

7. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and the Undersigned and their respective successors and assigns.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS THAT I OR MY CHILD OTHERWISE MAY HAVE, INCLUDING THE RIGHT TO SUE THE COMPANY.

Electronic Signature Consent
By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

MINOR PARTICIPANT INFORMATION

Please select who will be participating: