By purchasing access to Metrodemic and other applications (“the “Games”) offered by KurioCity Games LLC (the “Company”), and in consideration for being allowed to participate in the Games, the receipt and sufficiency of which is hereby acknowledged, I, on behalf of myself and my invited guests, agree to be bound by each of the following provisions of this waiver, release of liability and indemnification agreement (“Waiver”):
- Release on Behalf of Others: I acknowledge that I have purchased access to the Games for my own use, and may have purchased access with the intent of inviting other individuals to participate in the Games either with me or by themselves. I acknowledge that it is my responsibility to inform my guests of the risks of participating in the Games, and I acknowledge that in signing this Waiver, I agree that I am signing on behalf of not only myself, but the individuals whom I choose to invite to participate in the Games as my guests. I agree that if any of my guests are under the age of 18, I have provided this waiver to the parent or guardian of such guest if I am not the parent or guardian of such guest. I understand and agree that the safety and wellbeing of minors under the age of 18 accompanying myself or my guests are my sole responsibility.
- Voluntary Participation. I understand and confirm that my participation and the participation of my guests in the Games are voluntary. Neither I nor any of my guests suffer from a physical or mental condition that would make any of us especially susceptible to injury or disability while participating in the Games.
- Comprehension of Risk.
- Generally. I represent that my guests and I are in good health, in proper physical condition, and capable of walking long distances outdoors. I acknowledge that we are encouraged to wear proper clothing, use sunscreen, and stay hydrated during our participation in the Games. I and my guests are sufficiently self-aware to stop physical activity before we become ill or injured. I am aware that my and my guests’ participation in the Games has inherent risks which accompany travel and activity beyond the accepted safety of life at home or work, and I fully comprehend and accept all of the risks associated with my and my guests’ participation in the Games, including without limitation personal injury, death, or loss of or damage to personal property.
- Urban Conditions. I understand that the Games take place in urban settings and public venues under conditions beyond Company’s control. I understand and acknowledge that it the responsibility of myself and my guests to remain aware of our surroundings, to use our own judgement in evaluating the safety of current conditions, and to act responsibly and reasonably in maintaining our own safety.
- Traffic. I understand that the majority of the Games take place along or near streets which are open to vehicular traffic, and that I and my guests will be required to cross streets that are open to vehicular traffic. I acknowledge that it is my and my guests’ responsibility to remain aware of all traffic, whether pedestrian or vehicular, and it is our responsibility to follow all traffic laws/regulations. I understand and acknowledge that general construction, road construction, traffic reroutes and other conditions beyond the Company’s control may change the landscape through which the Games take place. While the Company makes every effort to update the Games with current routes, I understand that it is my responsibility and that of my guests to use good judgement in choosing to follow routes suggested by the Games, taking into account actual route conditions at the time of our participation in the Games.
- Intoxicants. I specifically acknowledge and agree that if I or my guests choose to consume alcohol or other intoxicants before or during the Games, I accept full and sole responsibility for the behavior, wellbeing, and health of myself and my guests. I agree, on my own behalf and that of my guests, to follow all applicable laws regarding use of alcohol or other intoxicants, and agree that it is my sole responsibility to familiarize myself and my guests with all applicable laws regarding use of alcohol or other intoxicants. I acknowledge that the Company has not provided any information or guidance to me regarding applicable laws governing use of alcohol or other intoxicants.
- Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation or the participation of my guests in the Games, I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation and the participation of my guests in the Games.
- Release of Liability; Limitation of Damages. I hereby forever and unconditionally release Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, or loss or damage of property, (collectively “Claims”) that are natural, probable, and reasonably foreseeable, arising out of my or my guests’ participation in the Games, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Under no circumstance shall my or my guests’ damages in connection with our participation in the Games be greater than the cost I paid to the Company to purchase access to the Games, and recovery of such amount shall be our sole and exclusive remedy. All liability arising out of my and my guests’ participation in the Games is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof.
- California Waiver. If I or one of my guests is a California resident or if I or my guests participate in the Games in California, I hereby expressly waive, on my and my guests’ behalf, the provisions of Section 1542 of the Civil Code of the State of California which provides as follows:“A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the general release, which if known by it must have materially affected its settlement with the debtor.”
- Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Games. I further agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my guests’ participation in the Games. I recognize my and my guests’ participation in the Games is entirely within my control, and the Company accepts no liability whatsoever for my behavior or that of my guests as we participate in the Games.
- Binding Effect, Assignment. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns. I understand that I may not assign this Waiver without the express prior written consent of the Company. The Company may assign its rights hereunder to any entity resulting from any merger, consolidation or other reorganization to which the Company is a party or any corporation, partnership, association, or other person to which the Company may transfer all or substantially all of its assets and business existing at such time.
- Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
- Governing Law and Venue. I agree that regardless of the location in which I and my guests participate in the Games, this Waiver shall be governed in all respects by the laws of Washington State without regard to conflict of law principles. Venue and jurisdiction shall be in King County, Washington.
- Disputes. I agree to attempt to resolve any dispute related in any way to my purchase of access to the Games or my or my guests’ participation in the Games through negotiation with the Company in good faith. If negotiation is unsuccessful, the matter may be submitted to mediation. If mediation is unsuccessful, the matter shall be fully and finally settled by arbitration with a recognized Alternative Dispute Resolution (“ADR”) group in King County, Washington by an arbitrator chosen in accordance with the ADR rules, and the judgment upon award may be entered in any court having jurisdiction. The attorneys’ fees and costs of dispute resolution shall be borne by the losing party unless the parties stipulate otherwise or in such proportions as the arbitrator shall decide.
BY PARTICIPATING IN THE GAMES AND INVITING MY GUESTS TO PARTICIPATE IN THE GAMES, I VOLUNTARILY AGREE TO ALL OF THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY, AND I UNDERSTAND THAT IN DOING SO, I HAVE GIVEN UP SUBSTANTIAL RIGHTS.
PARTICIPATION IN THE TOURS BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.