Last Modified: December 18, 2023
In consideration of the services of Treasure Games, LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “TREASURE GAMES” I hereby agree to release, indemnify, and discharge TREASURE GAMES, on behalf of TREASURE GAMES, myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in treasure hunting activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls, moderate physical activity, falling objects, colliding with others, strains and sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries; possibility of drowning or other water hazards; cuts, abrasions, rope burns, bruises; cardiac related illness; transmissible pathogens or diseases; equipment failure or operator error, possibility of collisions with fixed or moving objects; being lost or separated from my companion(s); exposure to sun, strong wind, cold, exposure to temperature and weather extremes which could cause cold shock, hypothermia, hyperthermia, heat exhaustion, heat stroke, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life, aggressive and/or poisonous marine life; accidents or illness that can occur in remote places without medical facilities and emergency treatment or other services rendered; my own physical condition and the physical exertion associated with this activity. In any event, if you or your child is injured, any medical assistance will be at your own expense.
Furthermore, TREASURE GAMES personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TREASURE GAMES from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of TREASURE GAMES equipment or facilities, including any such claims which allege negligent acts or omissions of TREASURE GAMES.
4. Should TREASURE GAMES or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against TREASURE GAMES, I agree to do so solely in the state of Delaware and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions of this participant agreement shall remain in full force and effect.
By checking the corresponding box below, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against TREASURE GAMES on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I also agree that this document is valid for subsequent visits and/or participation at any and all events or games hosted by TREASURE GAMES. I have read and understood it, and I agree to be bound by its terms.
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18). If I am a parent or legal guardian of a minor participant, I further agree to indemnify and hold harmless TREASURE GAMES from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).
