THIS ACTIVITY WAIVER FORM (this “Waiver”)
IN CONSIDERATION of being allowed to participate in the Activity and other good and valuable consideration, the receipt of which is acknowledged, I of (the “Participant”) agree with Xscape Space Limited of 2a Estuary Place, Richmond 7020, New Zealand (the “Activity Provider”) to the following;
DETAILS OF ACTIVITY
- The Participant and team will be playing in the following Activity: Outdoor Escape Game (the “Activity”) provided by the Activity Provider.
CONSIDERATION
- Being of lawful age and in consideration of being permitted to participate in this game, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives, and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or because of any injury to person or property, including injury resulting in the death of the Participant, which has been or maybe as a consequence of the Participant’s participation in the Activity, and notwithstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the Activity Provider.
- The Participant understands they would not be permitted to participate in the game unless they signed this Waiver.
- I understand that participating in an outdoor escape game entails risks such as: (a) Moving vehicles and busy roads (b) Mental stress and anxiety; (c) Being outside and in sole guardianship of all minors in your team at all times; (d) Encountering tripping and slipping hazards; (e) Being and moving around busy foot traffic environments (f) Encountering day to day hazards IE: work or works currently being completed to maintain the services to the environment (g) The participant and their team agree to follow legal paths and not cut through any personal, private, business, or government property. (h) The participant and their team agree to get to a safe environment before working through the tablet-based activity.
- The Participant accepts responsibility for their actions and the minors of their team’s actions and behavior during this game and; (a) Will be liable for any damage anyone does to the tablet and game activity bag. Its features, or any personal property included in the outdoor escape games. (b) Will be held liable for any damage anyone does to any private, business, or government property, parks, or its features. (c) The participant agrees that they are the game’s designated leader/adult and agrees to pay any damages incurred if this arises.
CONCURRENT RELEASE
- The Participant acknowledges that this Waiver is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant by the Activity Provider, including the spouse, heirs, executors, administrators, legal representatives, and assigns of the Participant in the binding agreement.
FITNESS TO PARTICIPATE
- The Participant acknowledges to the Activity Provider that the Participant or any of their team does not have physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent them from participating in the game.
FULL AND FINAL SETTLEMENT
- The Participant acknowledges and agrees with the Activity Provider that: (a) The Activity Provider has given the Participant sufficient time to read this Waiver, (b) The Participant has been given the opportunity and has been encouraged to seek independent legal advice before signing this Waiver, (c) The Participant fully understands the risks and claims that the Participant is waiving to participate in the Activity, (d) The Participant is freely and voluntarily executing this Waiver, and (e) The Participant is forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the Activity.