This agreement contains a waiver of important legal rights. Please read it carefully.

The “XL Group” is XSCAPE LEISURE LLC and all of its parent entities and subsidiaries, as well as their employees, assignees, directors, members, volunteers, representatives, affiliates, insurers, subcontractors, and all other persons acting on their behalf of XSCAPE LEISURE LLC. “Live Escape Game Activities” means activities designed to simulate a situation which requires a group to work as a team solving puzzles and other challenges to escape a room,

In consideration of XL Group allowing me to participate in Live Escape Game Activities, I, the undersigned, do hereby represent and warrant that:

1) I ASSUME ANY AND ALL RISKS of participating in any game activity conducted by XL Group, including but not limited to the fact that I may be harmed by my own actions or the actions of the others, may fall or otherwise be injured, and/or may have a personal health condition that is affected by my participation.

2) I agree to fully and forever release, indemnify, and hold harmless the XL Group with regard to any of my acts or omissions, or other participation in the aforementioned game activity/activities. I understand that this release includes, but is not limited to, any risk that may arise from the negligence, act, omission or carelessness on the part of XL Group , from jeopardous or defective equipment or property owned, maintained, or controlled by the XL Group.

3) I understand that XL Group conducts simulated live game events which may cause excitement. I represent and warrant that I am physically and mentally fit for participation in the game activity and further certify that there are no health-related reasons or problems which preclude my participation in such game activity and I am assuming any and all risks of participation.

4) I understand that the XL Group is not responsible for any damage to or loss of my personal property and hereby, fully and forever, release and agree to indemnify the XL Group for any damage to or loss of my personal property. I acknowledge that the XL Group encourages all participants to secure personal belongings prior to participation.

5) I fully and forever waive, release and discharge the XL Group, from any and all liability, claims, loss, expenses, demands, actions, and causes of action whatsoever arising from my participation in any game activities.

6) I agree on behalf of myself, my heirs, executors, administrators, agents, and assigns to fully and forever waive, release, discharge, hold harmless and to indemnify the XL Group from any and all liability, claims, loss, expenses, demands, actions, and causes of action whatsoever, which may be initiated by myself or any other person or organization, arising from any negligence, act, omission, or carelessness by the XL Group .

7) I understand that in the venue and game event provided by the XL Group, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any reasonable purpose by XL Group.

8) I would like to receive, from the XL Group and its assignees, free email promotions and discounts to the email address provided below. I may unsubscribe from emails at any time.

9) I acknowledge that this Waiver and Release of Liability Form will be used by the XL Group and relied upon by the XL Group and that it will govern my actions and responsibilities at said game activity.

10) I agree that this Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any provision of this agreement is deemed invalid or unenforceable, all other provisions shall continue in full force and effect.

11) IN NO EVENT WILL THE XL GROUP’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE LIVE ESCAPE GAME ACTIVITIES OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO THE XL GROUP IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, THE XL GROUP’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF A JUDGE OR OTHER TRIER OF FACT HAVING BINDING JURISDICTION OVER THE XL GROUP WITH RESPECT TO THE APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.

THE XL GROUP WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR INVOLVEMENT WITH THE LIVE ESCAPE GAME ACTIVITIES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE XL GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

12) All suits in law or equity brought by participant against the XL Group shall be heard exclusively in the state and federal courts located in Clark County, Nevada and that Nevada state law shall exclusively govern.

This is intended to be a binding agreement as of the Effective Date and is offered to induce XL Group to allow me to participate in the XL Group’s activities.

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