RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND PUBLICITY RELEASE
READ CAREFULLY—THIS AFFECTS YOUR LEGAL RIGHTS
I agree to the following:
1. I recognize that there are certain significant risks associated with the interactive entertainment activities organized by OB-Xscape Rooms. These risks include, but are not limited to, serious bodily injuries and/or psychological harm caused by involvement in a stressful environment that may require some physical exertion. I agree to assume full responsibility for any personal injury I may sustain in connection with participation in interactive entertainment activities organized by OB-Xscape Rooms, and I release and discharge OB-Xscape Rooms and its owners, employees, representatives, and agents from any liability for any injuries I may sustain, including injuries caused by the negligence of OB-Xscape Rooms or its employees, representatives, or agents.
2. I agree to indemnify and defend OB-Xscape Rooms and its owners, employees, representative, and agents against all claims, causes of action, damages, judgments, cost, or expenses, including attorney fees and other litigation costs and expenses, which may in any way arise out of my participation in interactive entertainment activities organized by OB-Xscape Rooms, including injuries caused by the negligence of OB-Xscape Rooms or its employees, representatives, or agents.
3. I agree to pay for all damages to the facilities of OB-Xscape Rooms caused by my negligent, reckless, or willful conduct. A minimum charge of $35 and up to full replacement or repair plus any labor will be charged to the card holder on file for the booking for any assessed damages such as, but not limited to, building structure, props, electrical, furniture, light bulbs, audio-visual equipment.
4. I agree to observe and obey all posted rules and warnings, and to follow any oral instructions or directions given by OB-Xscape Rooms or its employees, representatives or agents.
5. Any legal or equitable claim that may arise from my participation in interactive entertainment activities organized by OB-Xscape Rooms shall be resolved under state law with exclusive jurisdiction and venue being in the state and federal courts of the State of North Carolina.
6. The invalidity or unenforceability of any provision of this Release, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Release or of any other application of such provision, as the case may be.
7. Any controversy or claim arising out of or relating to this Release, or the breach thereof, shall be settled by arbitration administered by a single arbitration appointed by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in the state or federal courts of the State of North Carolina or a court that has jurisdiction to enter it.
8. I authorize OB-Xscape Rooms and those acting under its authority to take images and recordings of me and to use my name, photograph, voice and/or likeness for advertising, trade and/or publicity purposes, without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet, without notice, review or approval. I further agree that OB-Xscape Roomsowns all images and recordings it takes of me, and I waive any and all interest in the images and recordings. The permissions granted hereby shall continue to be in force and effect forever, unless I revoke the permissions by sending a written revocation to OB-Xscape Rooms at 1 Ocean Blvd, Suite 109-111, Kitty Hawk, NC 27949.
I acknowledge that I have read and fully understand the foregoing release of liability.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I UNDERSTAND THAT BY SIGNATURE BELOW, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
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