Escape Room Waiver & Liability Release
IMPORTANT NOTICE: EACH INDIVIDUAL MUST SUBMIT A SEPARATE WAIVER. THIS FORM IS NOT FOR GROUP SUBMISSION.
If a participant is under 18 years old, a parent or legal guardian must complete and sign this waiver on behalf of the minor.
Full Name
Date of Birth
Email Address
Phone Number
Order Number* Where can I see my order? Search for SMS, email, or spam emails. If you haven't received them, please contact the store
Sign for a minor
ADD MINOR
Where did you hear about us? (Select all that apply)
Who is this waiver for?
What is the participant's age range?

RELEASE OF LIABILITY, WAIVER OF CLAIM AND INDEMNITY AGREEMENT (“Release Agreement”) 


As a precondition to participating in the Escape Room Activities (defined below), the undersigned acknowledges and agrees to all terms set forth in this Release Agreement. 

DEFINITION 

“Escape Room Activities” or “Activities” means all activities or services provided, arranged, organized, conducted, or authorized by the Releasees; any activities taken place at the Facilities, and activities and services that are in any way related or associated with such Escape Room Activities; 

“Equipment” means all equipment rented and used including, but not limited to game props, tools and furniture; 

“Facilities” means all of Releasees’ entrance, building, walkways, hallways, elevators and offices; 

“Releasees” means INBLACK and all of its affiliates, subsidiaries, locations, and facilities, including but not limited to the venue where the participant engages in the Activities. "Releasees" also includes their respective directors, officers, shareholders, employees, agents, independent contractors, subcontractors, representatives, successors, and assigns. 

“Participants” means the undersigned and all individuals brought to and permitted by the undersigned to enter the Facilities and use the Facilities and Equipment; 

“Per-existing Physical or Medical Condition” means Participants who are pregnant, suffer from heart conditions, hypertension, claustrophobia, epilepsy, photophobia or any other conditions that the Releasees, in their sole discretion, deems unsuitable for participating in the Activities. 

ACKNOWLEDGEMENT OF RISKS 

I understand and acknowledge that participation in Activities, my presence at the Facilities and my use of the Facilities and Equipment involves many inherent or potential risks, dangers and hazards including, but not limited to, the following: 

a. accessing to dimly lit confined spaces; 

b. causing mental stress and anxiety; 

c. any risks that may result from contact with moving objects or any hazards that may be posed by the Releasees; 

d. any risks associated with mechanical and electrical devices, defective Equipment; 

e. any risks of falling, contact or collision with other participants or the Releasees;

f. injury, illness or death resulting from physical activity or exertion, including, but not limited to as a result of any Pre-existing Physical or Medical Condition that may affect my ability to safely participate in physical exertion, or from exposure to and transmission of disease, bacteria or virus; 

g. property damages; 

h. delays in maintenance or repair of the Facilities or Equipment due to the absence or lack of onsite personnel; and 

i. negligence of myself and negligence of other persons, including negligence on the part of the Releasees, may increase the risk of damage, loss, injury or death. 


ASSUMPTION OF RISK AND LOSS 

I acknowledge that all Activities at the Facilities, including the activities of myself, the activities of others, and the activities of the Releasees are potentially and inherently dangerous. I freely accept and fully assume all known and unknown risks, dangers and hazards in the “Acknowledgement of Risk” section above including, but not limited to all risks of damage, loss, injury, and/or death, on my own behalf and on behalf of all Participants including, but not limited to minor participants. 

I agree that none of the Releasees shall be responsible to me and/or the Participants for loss or theft of personal property at the Facilities. I further expressly agree that I will assume full financial responsibility for any damage, loss, injury or death that may occur to me and/or the Participants, and fully agree to bear the costs of such any damage, loss, injury or death to any of myself and/or any and all Participants and their personal property arising at the Facilities. 

I agree and understand that the Releasees are entitled to terminate the Activities at any time without refund if, in the Releasees’ discretion, any Participant is unfit to safely continue participating in Escape Room Activities, causes damage to the Equipment and Facilities, or fails to comply with the Releasees’ rules, instructions and policies.  

REPRESENTATIONS 

I represent and warrant as follows: 

a. I and any Participant are physically able (including, but not limited to not under the influence of alcohol, drugs and illegal substances) to participate in all Activities and do not have any Per existing Physical or Medical Condition that would endanger me and any Participant while participating in the Activities at the Facilities; 

b. I have the authority to enter this Release Agreement on behalf of all of the Participants, and understand that the Releasees will rely upon my representation;

c. I have legal and physical custody of all minor participants and have legal authority to sign this Release Agreement on their behalf and I understand that any minor participants shall be accompanied by a participating adult in any Activities; 

d. I have adequate personal insurance or sufficient personal assets to fully indemnify the Releasees from any claims suffered by the Releasees arising out of my and Participants’ indemnity obligation to the Releasees under this Agreement, and have adequate personal insurance or sufficient personal assets to fully defend, hold harmless and indemnify the Releasees against any claims of any third party caused in whole or in part by any act or omission of one or more of me and Participants; 

e. I shall treat all Activities’ details or other information obtained as confidential and shall not infringe the intellectual property right of the Releasees in any Activities’ details and other information obtained by the Participant; 

f. I and any Participant shall not neglectfully and intentionally damage any of Equipment or Facilities. If I and any Participant are found to have done so, I and all Participants shall be jointly and severally liable for the full cost of repairing or replacing the damaged property, and authorize the Releasees to use my credit card on file for any reimbursement of any property damaged by me and Participants while participating in the Activities; 

g. I and any Participant shall comply with all of the Releasees’ rules, instructions and policies, including, but not limited to no use of cell phones, cameras, or any other recording devices which participating in the Activities; no discrimination, harassment, bullying or violence against any other person including other participants or the Releasees; 

h. I consent to the Releasees monitoring, taking photographs, video recordings of me and/or Participants while at the Facilities and while participating in the Activities for safety, security purposes, and further consent to the Releasees’ use my and/or Participants’ name, face, likeness, voice and appearance for advertising, marketing, promotional and any legitimate business purpose without payment or other consideration and without reservation or restriction of any kind; and 

i. I consent to the Releasees using my contact information to send me emails and/or free text messages for informational or promotional purposes only. 

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDENITY 

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any damage, expense or loss including, but not limited to illness, injury, death, property damage, property theft or actions of any kind that I may suffer as a result of my use of or presence at the Facilities or my use of the Equipment due to any cause whatsoever, including, but not limited to negligence, breach of contract, breach of duty of care, breach of duty of good faith or fiduciary duty or other duty under occupiers liability legislation; the selection, maintenance or repair of the Equipment; the provision or failure to provide any warnings or instructions as to the use of the Facilities or Equipment; or the risks, dangers and hazards referred to above. I understand that negligence includes, but is not limited to, the failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risk, dangers and hazards referred to above;

 

TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to or loss of property of or personal injury, illness or death suffered by any individual arising from any willful or negligent act or omission by me, or by Participants; 

TO HOLD HARMLESS AND INDEMNITY THE RELEASEES from any claim made by any third party in which it is alleged that my signing of this Release Agreement on behalf of any minor participants was unauthorized or lacking legal authority; 


Notwithstanding anything to the contrary in this Release Agreement, THE TOTAL MAXIMUM LIABILITY OF THE RELEASEES, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER GROUNDS, IS LIMITED TO THE LESSER OF (a) THE AMOUNT PAID BY ME FOR PARTICIPATING IN THE ESCAPE ROOM ACTIVITIES , IF ANY, OR (b) ONE HUNDRED CANADIAN DOLLARS (CAD$100.00), and the Releasees will not under any circumstances be liable for all direct, special, incidental, punitive, exemplary, and consequential damages, losses of any kind and legal fees. 

EMERGENCY MEDICAL CARE 

I give permission to the Releasees to authorize emergency medical care as it deems appropriate, and I understand and agree that the Releasees assume no responsibility for any injury or damage that may result from or be related to the authorized emergency medical treatment. 

GOVERNING LAW AND JURISDICTION 

I acknowledge and agree that this Release Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to principles of conflicts of law, and jurisdiction for disputes under this Release Agreement shall be exclusively in the courts of the Province of Ontario. I further acknowledge and agree to indemnify and hold harmless the Releasees from and against all legal fee and other costs incurred by the Releasees that are required to be paid as a result of enforcing this Release Agreement. 

SEVERABILITY 

I acknowledge and agree that in the event that any clause or provision of this Release Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of the clauses or provisions but said party shall be fully severable and this Release Agreement shall be construed in full force and effect as if such invalid unenforceable part had never been inserted. 

MODIFICATION AND ENTIRE AGREEMENT 

I acknowledge and agree that neither this Release Agreement nor any clauses or provisions shall be modified, changed or terminated unless made in writing and signed between me and the Releasees. I further acknowledge and agree that this Release Agreement supersedes all prior understandings, agreements, negotiations, discussion, subsequent course of performance, and oral modifications to the clauses or provisions of this Release Agreement that are intended to provide different consequences for my activities at the Releasees. 

NO ASSIGNMENT 

I acknowledge and agree that this Release Agreement and any clauses or provisions hereof shall be valid and binding upon myself, my children, spouse, parents, guardians, heirs, next of kin, executors, administrators, successors, assigns and representatives. I further acknowledge and agree I shall not assign this Release Agreement to any person or entity and I waive certain legal rights that myself, my children, spouse, parents, guardians, heirs, next of kin, agent, executors, administrators, successors, assigns representatives and beneficiaries may have against the Releasees.  


I AM AT LEAST 18 YEARS OF AGE, HAVE READ THIS RELEASE AGREEMENT, FULLY UNDERSTAND ITS CLAUSES AND PROVISIONS, AND UNDERSTAND THAT BY ENTERING THIS FACILITIES I AM GIVING UP SUBSTANTIAL RIGHTS AND DOING SO FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT. 

I AM AWARE OF THE FOREGOING RISKS AND I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, AND I UNDERSTAND THAT BY SIGNING THIS RELEASE AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS THAT MYSELF, MY CHILDREN, SPOUSE, PARENTS, GUARDIANS, HEIRS, NEXT OF KIN, AGENT, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, REPRESENTATIVES AND BENEFICIARIES MAY HAVE AGAINST THE RELEASEES. 

IN THE CASE OF MINOR PARTICIPANTS, I HEREBY AGREE THAT I, AS THE PARENT/GUARDIAN LEGALLY RESPONSIBLE FOR SUCH MINOR PARTICIPANTS, AGREE AND CONSENT TO HIS/HER RELEASE OF ALL THE RELEASEES. ON BEHALF OF MYSELF, THE MINOR PARTICIPANTS, MY CHILDREN, MY SPOUSE, MY OR MINOR PARTICIPANTS’ PARENTS, MINOR PARTICIPANTS’ GUARDIANS, AND MY AND MINOR PARTICIPANTS’ HEIRS, NEXT OF KIN, AGENT, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, BENEFICIARIES, I RELEASE AND AGREE TO INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITIES INCIDENT TO SUCH MINOR PARTICIPANTS’ PARTICIPATION AT THE FACILITIES AND/OR USE OF THE EQUIPMENT.

 


I consent to the use of my image/video by INBLACK for promotional purposes, including but not limited to official websites, social media platforms, and marketing materials
Electronic Signature Confirmation By entering my full name below, I confirm that I have read and agree to the terms of this waiver. I understand that typing my full name constitutes a legally binding electronic signature.
FULL NAME (ELECTRONIC SIGNATURE)
Date
ACCEPT AND CONTINUE