This Agreement constitutes the sole and entire agreement of OB-Xscape Rooms and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. 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 OB-Xscape Rooms me and their respective successors and assigns. 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 North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Dare County, North Carolina, and I hereby consent to the exclusive jurisdiction of such courts.
I agree to the following:
ARTICLE I: Informed Participation
In exchange for participation in the activities offered by Optimumview Enterprises LLC d/b/a OB-Xscape Rooms (hereinafter referred to as “OB-Xscape Rooms”) at 1 Ocean Boulevard, Suite 109-111, Southern Shores, North Carolina 27949 and/or for the use of the property, facilities and services of OB-Xscape Rooms (hereinafter collectively referred to as the “Activities”), I agree for myself and for those members of my party for whom I am legally responsible, to the following:
OB-Xscape Rooms may place us, the participants/players, in a series of rooms and the players will rely upon clues and puzzles to enable us to escape from each room in the series. Each room contains furniture and objects consistent with the theme of the room. I understand and acknowledge that the Activity will be explained to me prior to my participation in the Activity, and I further understand and acknowledge that I have the right to not participate in the Activity. I understand I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the OB-Xscape Rooms, and its officers, managers, employees, agents, affiliates, members, successors and assigns (collectively, “Releasees“), arising out of or attributable to my participation in the Activity, whether arising out of the negligence of OB-Xscape Rooms or any Releasees or otherwise. I covenant not to make or bring any such claim against OB-Xscape Rooms or any other Releasee, and forever release and discharge OB-Xscape Rooms and all other Releases from liability under such claims.
IMPORTANT: Players under 14 years of age must be accompanied by another player 14 years or older in the escape room with Minor(s).
ARTICLE II: Distress
In some rooms, the participants may be voluntarily handcuffed and/or blindfolded. I fully understand and acknowledge that (a) participation in the Activities may be emotionally demanding, create fear or claustrophobia, or result in inadvertent bodily injury; (b) risks and dangers exist and arise from participation in the Activities; and (c) the said risks and dangers may be caused by, among other causes, physical or psychological responses to the Activities, forces of nature, and/or the actions or inactions of myself and others. I hereby assume all risks and dangers and assume full responsibility for (a) loss of or damage to personal property belonging to myself and my family as a result of or arising from the Activities; and (b) personal injury to myself and my family members as a result of or arising from the Activities. I affirm that I willingly participate in this activity, with the full knowledge that if at any point I choose to end my participation, I can do so by leaving through the emergency exit or the respective escape room’s entry door and returning to the lobby.
ARTICLE III: Damages
I agree to pay for damages to the facility, escape room props, or equipment of OB-Xscape Rooms caused by me or my party’s gross negligence, reckless, or willful malicious actions.
ARTICLE V: Liability/Indemnification
I hereby release and discharge and agree to indemnify and defend OB-Xscape Rooms, its owners, employees, officers and agents, from and against any and all claims, causes of action, damages, judgments, costs or expenses, including attorneys’ fees and other litigation costs, which may in any way arise out of or from my or my family’s use of or participation in the Activities.
Any legal claim that may arise from participation in the Activities shall be resolved under North Carolina law. I hereby submit to the jurisdiction and venue in the state and federal courts for Dare County, North Carolina.
ARTICLE VI: Surveillance
I am aware that I may be subject to video and audio monitoring and recording for internal use.
ARTICLE VII: Personal Data
I hereby grant permission for OB-Xscape Rooms to store my contact information for operational purposes only. I agree and acknowledge that I am under no pressure or duress to sign or agree to the terms and conditions of this Waiver and Release of Liability Form (hereafter referred to as the “Release”) and that I have been given a reasonable opportunity to review the Release before signing or agree to it. I further agree and acknowledge that I am free to have my own legal counsel review the Release if I so desire. I further agree and acknowledge that OB-Xscape Rooms has offered to refund any fees I have paid to use its facilities if I choose not to agree to or sign this Release greater than 48 hours to reserved booking time.
ARTICLE VIII: No Refunds
I acknowledge that there are no refunds if I or anyone in my party fails to show for the escape game or if I or anyone in my party are asked to leave or leaves voluntarily due to unforeseen circumstances.
X By purchasing and booking an escape game at OB-Xscape Rooms, I consent to the above terms and conditions.