TERMS & CONDITIONS

IN CONSIDERATION of being permitted to participate in the Breakout KC escape room experience and related activities (“collectively the “Activities”) provided and facilitated by Swell Spark, LLC d/b/a Breakout KC (together with all related trade names and affiliates, “Breakout KC”, “our”, “we”, or “us”), I HEREBY AGREE for myself, my heirs and legal representatives:

I fully understand the risks and completely assume all risks, known and unknown, of participating in Activities, including the risk of illness, death or serious bodily injury. I represent that I am in good health and physically able and ready to participate in the Activities, and do not have any physical illness, injury or disability that would make my participation in these Activities unwise or unnecessarily risky or dangerous to myself or others.

I accept and assume all such inherent dangers and risks of bodily injury, permanent disability, illness, death, and/or property damage, even if caused, in whole or in part, by the negligence of the Breakout KC, and all of their respective members, managers, officers, directors, shareholders, affiliated organizations and entities, representatives and sponsors, and all volunteers, contractors, agents, members, and employees (collectively the “Breakout Parties”). Recognizing the possibility of death and serious bodily injury associated with participating in the Activities, I hereby agree to waive, release, hold harmless and/or discharge the Breakout Parties from any and all claims, demands, damages, losses, injuries, liabilities, obligations, costs or expenses of any kind which are made or could be made by me, or on my behalf, or by my heirs or legal representatives as a result of my participation in the Activities, even though such claims may arise due to the negligence, carelessness or recklessness of such Breakout Parties.

I understand the nature of the release I am giving. I acknowledge and understand that I may later discover facts different from or in addition to those I now know or believe to be true regarding the matters released or described in this agreement, and even so I agree the releases and agreements contained in this agreement shall remain effective in all respects notwithstanding any later discovery of any different or additional facts. I assume any and all risk of mistake in connection with the true facts involved in the matters, disputes, or controversies described in this agreement or with regard to any facts now unknown to me relating to those matters.

I understand that as part of the Activities I may be physically touched by others, including but not limited to one or more of the Breakout Parties, and/or other third persons, and I hereby consent to, authorize, and grant permission for all such touching(s), whether foreseeable, intended, unintended, accidental, intentional, or not, or otherwise. In addition, I am aware that the Activities will employ the use of flashing lights, strobe lights, tight spaces, colors, smoke, and smells, as well as other sensory experiences involving sight, sound, touch, smell, and motion. I understand and agree that the Breakout Parties have no way of knowing or being aware of the extent of my limitations, restrictions, sensitivities, phobias, and/or other physical, emotional, and other conditions, and therefore understand and agree that I am solely responsible for declining participation in the Activities and assume all responsibility for all consequences of my participation in the Activities. I agree that I will not touch or otherwise make purposeful physical contact with any third parties and/or employees, representatives and/or agents of Breakout KC, including each and every one of the Breakout Parties.

I agree that if loss or damage should result from the participation in services provided by Breakout KC, that Breakout KC's liability for the loss or damage sustained shall be waived and that the provisions of this paragraph shall apply if loss or damage results from negligence of Breakout KC, its agents or employees. I hereby waive my claims even if the cause of damages or injuries are alleged to be the fault of or caused by the negligence of Breakout KC. These Terms & Conditions are binding on me, my heirs, executors, administrators, legal representatives, assigns and successors in interest. I understand that I am giving up my right to sue the Breakout Parties and giving up other valuable and substantial rights in exchange for being permitted to participate in the Activities.

I agree and understand that following all instructions and rules at all times while participating in the Activities is a requirement for participation. I agree that if I fail to follow such instructions and rules and act responsibly, I waive any and all right to continue participating in the Activities and any benefits associated with being a participant.

I hereby irrevocably consent to and grant) Breakout KC permission to use my likeness in photos, video recordings, electronic images or other media taken by me or of me, including derivative works thereof (collectively, the “Images”) in any and all of Breakout KC publications, whether now known or hereafter created, including but not limited to all printed and digital publications. I understand and agree that such Images of me may be placed on the Internet.

I agree that all Images, and any reproductions thereof, and all digital files are and shall remain the property of Breakout KC and will not be returned. I understand and agree that Breakout KC will be the exclusive owner of all rights, including, but not limited to, all copyrights, in and to the Images in whole or part, throughout the universe, in perpetuity, in any medium now known or hereafter developed, and to license others to so use the Images in any manner Breakout KC may determine in its sole discretion, without any obligation to me. I acknowledge that since my participation with Breakout KC is voluntary, I will receive no financial compensation and hereby waive any right to royalties or other compensation arising or related to the use of my image. I hereby irrevocably authorize Breakout KC to edit, alter, copy, exhibit, publish, or distribute photographs, video and audio recordings of publicizing programs or for purposes of publicizing for any other related, lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. I also consent to the use of my likeness in connection with the exhibition, distribution, merchandising, advertising, sale and/or publicizing of Images by Breakout KC.

I hereby hold harmless and release and forever discharge Breakout KC, its agents, officers, licensees and employees of the above-named entities from any and all claims, demands, and causes of action of any kind or nature whatsoever which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf have in connection with the use of the Images and the reproduction thereof as aforesaid.

I hereby warrant that I am eighteen (18) years old or more and competent to contract in my own name or, I am the parent or guardian of the minor participating. This release is binding on me and my heirs, assigns and personal representatives.

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I hereby certify that I am the parent or guardian of the named minor(s) below, and do hereby give my consent without reservation to the foregoing on behalf of these individual(s)

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