RELEASE OF LIABILITY CONSENT
& RELEASE FOR USE OF LIKENESS
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Ace of Escape - Escape Rooms organized by AlliKat Productions LLC, of 48 N. Tucson Blvd, Suite 101, Tucson, Arizona, 85716 and/or use of the property, facilities and services of AlliKat Productions LLC, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings which include to not lift or move any object over 25 lbs., to not tamper with any electrical outlight or electronic in a non-standard use way, to respect the other participants in the room, and to notify staff of any emergency. I further agree to follow any oral instructions or directions given by AlliKat Productions LLC, or the employees, representatives or agents of AlliKat Productions LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity, including, but not limited to potential anxiety or stress and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge AlliKat Productions LLC for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of AlliKat Productions LLC, whether caused by the fault of myself, my family, AlliKat Productions LLC or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend AlliKat Productions LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of AlliKat Productions LLC.
4. FEES. I agree to pay for all damages to the facilities of AlliKat Productions LLC caused by any negligent, reckless, or willful actions by me or my family.
5. CONSENT AND RELEASE OF USE OF LIKENESS. I hereby grant to AlliKat Productions, LLC its agents, employees, licensees, and successors in interest (collectively, the "Released Party") all ownership rights and the absolute and irrevocable right and permission to copyright, use and publish the photographed likeness of myself and (if applicable) for the members of my family (the "Likeness") that has been (or is being) obtained pursuant to this Consent and Release.
The Likeness may be copyrighted, used and/or published individually or in conjunction with other photography or video works, and in any medium (including without limitation, print publications, public broadcast, CD-ROM format) and for any lawful purpose, including without limitation, trade, exhibition, illustration, promotion, publicity, advertising and electronic publication.
I waive any right I may have to inspect or approve the Released Party's use of the Likeness, or the advertising copy or printed matter that may be used in connection with the use and/or publication of the Likeness. I release the Released Party (and all persons acting under its permission or authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to the Likeness (collectively, "Claims"). This release includes without limitation any Claims related to blurring, distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur or be produced in the processing or publication of the Likeness.
6 APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Arizona law.
7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that AlliKat Productions LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
8. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, 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 Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I understand the purchase of a ticket to an escape room at Ace of Escape shall constitute my acceptance of these releases. By participating in an Ace of Escape - Escape Room, I accept that this will form a legal binding agreement between myself and AlliKat Productions, LLC.
I WARRANT THAT I HAVE READ THIS RELEASE OF LIABILITY AND CONSENT AND RELEASE PRIOR TO THE SIGNING OF THIS DOCUMENT, THAT I UNDERSTAND IT, AND THAT I FREELY ENTER INTO THIS CONSENT AND RELEASE.