All players are required to sign a waiver before participating in our escape games.
RELEASE OF LIABILITY FORM
Please read thoroughly. This affects your legal rights.
In exchange for participation in the activity of immersive entertainment organized by Nocturne Adventures Inc. of 3363 48th Avenue Ln NE, Hickory NC 28601 and/or use of property, facilities and services of Nocturne Adventures.
1. I agree to observe and obey all posted rules and warnings, and further agree to follow any written or oral instructions or directions given by Nocturne Adventures and the employees, representatives, or agents of Nocturne Adventures.
2. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and/or other game participants, and further release and discharge Nocturne Adventures, its owners, employees, representatives, and/or agents for injury that I may suffer in connection with or related to my participation in the games, or any loss or damage arising out of my or my family's use of or presence upon facilities of Nocturne Adventures, whether caused by fault of myself, my family, Nocturne Adventures, or other parties.
3. I understand that as part of the game experience I may be physically touched by certain employees, representatives, and/or agents of Nocturne Adventures as part of the immersive entertainment purpose, and I hereby grant permission for such touching. In addition, I am aware that the games will employ the use of flashing lights, strobe lights, tight spaces, stairs, colors, smoke, loud noises, jump scares, music, crawling, dirt, and smells. If I am pregnant, claustrophobic, have a heart condition, or other significant health condition, or am sensitive to these items, or believe that they may affect my health, I will not participate in the game.
4. I agree to indemnify and defend Nocturne Adventures, its owners, employees, representatives, and agents against all claims, causes or actions, damages, judgments, cost or expenses, including attorney’s fees and other litigation costs, which may in any way arise from my or my family’s use or presence upon the facilities of Nocturne Adventures and/or in connection with or related to my participation in the game.
5. I agree to pay for all damages to the facilities of Nocturne Adventures caused by my or my family's negligent, reckless, or willful actions.
6. Any legal or equitable claim that may arise from participation in the above shall be resolved under North Carolina law.
7. If I appear to be intoxicated and unfit for game play pertaining to but not limited to destructive manners, slurred speech, or the inability to stand on my own due to the use of drugs, Nocturne Adventures and its employees reserve the right to refuse service without reimbursement. Nocturne Adventures and its employees also reserve the right to remove me from the game at any time if I exhibit any of these behaviors, at their discretion, without reimbursement.
8. 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 this agreement if I so desire. 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 Nocturne Adventures has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.
9. This agreement and each of its terms are products of an arm's length negotiation between parties. In the event that any ambiguity is found to exist in the interpretation of the 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 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.
10. 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 application of such provisions, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
11. By signing this release form, I authorize Nocturne Adventures to use the following personal information:
a) My picture - including Photographic, motion picture, and electronic (video) images.
b) My voice - including sound and video recordings.
I hereby grant to Nocturne Adventures, its subsidiaries, licensees, successors and assigns, the right to use, publish and reproduce, for all purposes, my name, picture of me and printed electronic copy of the information described above in any and all media including without limitation, cable, and broadcast television and the internet, and for exhibition distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences, and in brochures and other print media in connection with the advertisement and promotion of the games and Nocturne Adventures. This permission extends to all language, media, formats, and markets now known or hereafter devised. This permission shall continue forever unless I revoke the permission in writing. I further grant Nocturne adventures all right, title, and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant Nocturne Adventures the right to such materials for marketing, communications, or advertising purposes, as it deems fit. I hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for Nocturne Adventures’ use of, or any rights to inspect or approve, finished photographs, audio, video, multimedia, or advertising and copy printed matter or computer-generated scanned images and other electronic media that may be used in conjunction there with or to approve the eventual use to which it might be applied.
12. Confidentiality/Non-Disclosure: You acknowledge that during the course of your experience in the facilities of Nocturne Adventures you will learn certain information that must be maintained confidential in order to ensure the continued success of Adventures and its operations. You further acknowledge that your disclosure of any such information to third parties and/or the public, including through digital mediums and social media would result in irreparable harm to Nocturne Adventures. Based thereon, you agree that any and all information you may obtain concerning the operations of the facilities of Nocturne Adventures, including any “pass codes” or other information which is necessary to complete and participate in the experience provided by Nocturne Adventures must be maintained confidential, and you expressly agree that you will not disclose or cause to be disclosed such confidential or proprietary information to third parties of the public, including through the use of social media or their digital outlets.
13. I and/or my family members will not copy or reproduce any ideas or experiences inside the games at Nocturne Adventures for other commercial uses.
14. I hereby waive any and all right to seek compensatory damages, lost profits, exemplary damages against Nocturne Adventures, its owners, employees, representatives, and agents. I agree that any damages that I may suffer for my participation in the game shall be limited to a refund of the admission fees that I have paid for my participation in the game.