PARTICIPATION AGREEMENT AND WAIVER<\/b><\/p>\n
THIS PARTICIPATION AGREEMENT AND WAIVER (the \u201cAgreement\u201d), is made between LIVID ROBOT, INC., which does business as Room Escape Artist, a New Jersey corporation with an address at PO Box 683, Nutley, New Jersey 07110 (hereinafter referred to as \u201cOrganizer\u201d) and the participant listed below (hereinafter referred to as \u201cParticipant\u201d). \u00a0Participant and Organizer are sometimes referred to in this Agreement collectively as the \u201cparties\u201d or individually as a \u201cparty.\u201d<\/span><\/p>\n WITNESSETH:<\/b><\/p>\n WHEREAS, Organizer is a company that organizes and executes group tours of escape room attractions in various cities; and<\/span><\/p>\n WHEREAS, Participant is an individual who has registered to participate in an escape room event organized by Organizer as further described in this Agreement; and<\/span><\/p>\n WHEREAS, the parties wish to detail the terms and conditions of Participant\u2019s participation in the Event;<\/span><\/p>\n NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually agreed between the parties as follows:<\/span><\/p>\n ARTICLE I<\/b><\/p>\n DEFINITIONS<\/b><\/p>\n A. \u201cCredentials\u201d shall be defined as <\/span>a valid individual identifier provided by Organizer\u00a0 which entitles a Participant\u2019s Participation in the Event in some way, whether such Credentials are a physical object (including, but not limited to, a badge, ticket, wristband, or other authorized means of entry), or an intangible object (including, but not limited to, a unique code, account, login, link, purchase confirmation email, or other digital identifier).<\/span><\/p>\n B. \u201cDigital Technologies\u201d are defined as the Platform; any distribution or technology platforms for any digital aspects to the Event; any on-site or web-enabled technologies, including, but not limited to, on-site Wi-Fi, on-site interactive kiosks, wearable beacon technology and\/or RFID technology; and any mobile applications associated with the Event.<\/span><\/p>\n C. \u201cEvent\u201d shall mean Organizer\u2019s \u201cEscape Immerse Explore\u201d event fr<\/span>om June 1 2025 to June 3 2025 (Optimal Ticket or Essential Ticket), or June 6 2025 (Return Ticket).<\/span><\/p>\n D. \u201cEvent Features\u201d shall be defined as any escape rooms, immersive experiences, meals, special events, education sessions, networking events, or other activities held by Organizer\u2019s part of <\/span>the Event.<\/p>\n E. \u201cEvent Policies\u201d are any Event rules, regulations, policies, or procedures which may be posted at the Venue, on the Platform, or otherwise distributed to Participants by Organizer and as may be updated from time to time by Organizer.<\/span><\/p>\n F. \u201cMaterials\u201d or \u201cEvent Materials\u201d shall include any materials provided to Participant in connection with the Event including, but not limited to, any images, videos, logos, advertisements, promotional copy, information, data, content, educational materials, trademarks, service marks, and other materials displayed or distributed in connection with the Event (but excluding any Participant Content, as defined herein)<\/span><\/p>\n G. \u201cOrganizer Parties\u201d shall include Organizer, its parents, affiliates, sublicensees, designees, agents and assignees (including, without limitation, any sponsors, exhibitors or contractors to the Event), and each of their respective assignees, sublicensees and successors\u00a0<\/span><\/p>\n H. \u201cParticipation\u201d or \u201cParticipating\u201d shall mean purchasing a ticket for the Event or attending or otherwise participating in any aspect of the Event.<\/span><\/p>\n I. \u201cPlatform\u201d shall mean, individually and <\/span>collectively, each distribution platform and\/or digital service provider utilized by the Organizer in connection with the Event, including, but not limited to, the Event website<\/span><\/p>\n J. \u201cVendors\u201d shall include any Event host sites or other individuals or companies providing services as part of the Event.<\/span><\/p>\n K. \u201cVenue\u201d shall include <\/span>any location where any live component of the Event is held.<\/span><\/p>\n ARTICLE II<\/b><\/p>\n RULES OF PARTICIPATION<\/b><\/p>\n Organizer expressly reserves its rights to deny admission or entry, to remove, ban, or eject a Participant, or to revoke or terminate any Participant\u2019s Credentials or access to any part of the Event, without refund, liability or compensation, as a result of: (1) failure to comply with the terms of this Agreement; (2) any illegal, unsafe, offensive or threatened behavior which Organizer could reasonably consider to be disruptive of the Event; or (3) circumstances which Organizer determines impact the safety, security, or order of the Event, each in Organizer\u2019s sole and absolute discretion. <\/span>Any such determination by Organizer shall be final.<\/b><\/p>\n Discount Codes<\/b><\/p>\n Vendors participating in the Event will be providing the Organizer with discount codes (the \u201cCodes\u201d) for Participants to use to book additional rooms at the Event Venues either before or after the Event (generally valid for one week prior to the start of the Event and one week after the end of the Event).<\/span><\/p>\n Participant is to use the Codes only for booking additional escape rooms for Participant or other Participants in the Event.\u00a0 Participant may not share the Codes with any non-Participant in the Event.\u00a0 Organizer and the Vendors involved in the Event reserve the right to cancel the reservations of any non-Participating individual or group using Participant Codes and to cancel any reservations made by Participants who share the Codes with non-Participants.<\/span><\/p>\n Attire<\/b><\/p>\n At all times in connection with the Event, Participant will wear proper attire, including shoes and shirts. Organizer reserves the right to deny access or remove from the Event any participant wearing inappropriate attire or attire that could detract from the Event overall, in Organizer\u2019s sole and absolute discretion.<\/span><\/p>\n Age for Participation<\/b><\/p>\n A Participant must be at least 18 years of age. At any time, in its sole reasonable discretion, and except as otherwise prohibited by applicable law, Organizer may request that any Participant provide documentation relating to verification of their identification or age.\u00a0 Organizer reserves the right to deny entry, ban, or remove any Participant from further Participation in the Event if such Participant fails to provide the requested documentation or if such documentation is deemed insufficient by Organizer in its sole and absolute discretion.<\/span><\/p>\n Behavior<\/b><\/p>\n At all times in connection with the Event, Participant is required to comply with and behave in accordance with (i) this Agreement; (ii) all applicable laws, ordinances, codes, regulations, standards and judicial or administrative orders; and (iii) any Event Policies. By Participating in the Event, Participant acknowledges and agrees that Participant has read, agrees to comply with, and will behave in accordance with the Event Policies.<\/span><\/p>\n The Event Policies apply to all Participants, including but not limited to speakers, guests, professionals, media, staff members, workers, contractors, volunteers, security staff, or any other attendees or participants to the Event. Each Participant to the Event is solely responsible for their own conduct while Participating in the Event or any part of the Event.\u00a0<\/span><\/p>\n As part of the Event Policies, each Participant agrees that they will not, and will not directly or indirectly cause others to, do any of the following \u201cProhibited Activities\u201d in connection with the Event:\u00a0<\/span><\/p>\n Organizer\u2019s events are an open, professional forum to explore the world of escape rooms and immersive gaming. We encourage deep discussion, skepticism, and disagreement while working through ideas. However, insulting or harassing anyone at any of Organizer\u2019s events is strictly forbidden.<\/span><\/p>\n Harassment<\/b><\/p>\n Harassment based on gender, race, religion, sexual orientation, appearance, disability, or professional competition will not be tolerated.<\/span><\/p>\n Definition of Harassment<\/span><\/i><\/p>\n Harassment can be reported to any member of Organizer\u2019s staff.\u00a0 If harassment is reported to Organizer, we will immediately and privately have individual conversations with both parties. Participants asked to cease harassing behavior are expected to comply immediately. If the behavior persists, Organizer reserves the right to expel Participant immediately from the Event and social channels, and refer the incident to the proper authorities.\u00a0 No refund will be given to any Participant removed for violating any of the Event Policies.<\/span><\/p>\n Other Prohibited Activities<\/b><\/p>\n Each Participant agrees that they will not, and will not directly or indirectly cause others to, do any of the following \u201cProhibited Activities\u201d in connection with the Event:<\/span><\/p>\n ARTICLE III<\/b><\/p>\n INCIDENTALS TO PARTICIPATION<\/b><\/p>\n Participant acknowledges that he or she is solely responsible for any costs incurred in connection with any incidentals or expenses related to Participation in the Event or use the Credentials, including, but not limited to, travel, accommodations, internet connection, mobile access, and\/or the use of any personal devices. Except as may be required by applicable law, Organizer will not be responsible or liable for any costs associated with Participation in the Event and all such costs shall be borne solely by the Participant.<\/span><\/p>\n Except as may be required by applicable law, Participant is solely responsible for ensuring that Participant is able to Participate in the Event, including, but not limited to, any requirements that Organizer specifies or makes available on the Event website, at the Venue or within the Platform. Organizer is not responsible for any technical difficulties arising as a result of Participant\u2019s use of their own technology in connection with the Event.<\/span><\/p>\n ARTICLE IV<\/b><\/p>\n EVENT ACCESS, CREDENTIALS<\/b><\/p>\n The Event is owned and\/or operated by Organizer. Unless otherwise indicated, any Event Materials are the property of Organizer, its affiliated companies or third-party licensors.<\/span><\/p>\n Each Participant is granted a limited, non-sublicensable license (i.e. a personal and limited right) to Participate in the Event and utilize the Materials solely for Participant\u2019s personal use. Organizer may terminate this license at any time, without notice. Each Participant agrees that nothing herein shall be deemed a grant of any intellectual property rights or other rights to use the Materials except as expressly provided by Organizer in writing. Any use of the Event or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Organizer, is strictly prohibited.<\/span><\/p>\n Participant agrees that they have no expectation of privacy or confidentiality with respect to the Event (including, without limitation, any interactions with other Event participants and\/or guests) and that Participation in the Event shall at all times be subject to this Agreement and may be monitored by Organizer without notice.<\/span><\/p>\n Access to certain Event Features may require an additional separately priced fee and\/or will only be available to designated participants or types of Credentials. Organizer reserves all rights to deny entry, ban, or remove any unauthorized participants from any such Event Feature.<\/span><\/p>\n Participant may select one other participant to be grouped with for every Event Feature. Organizer will honor reciprocal grouping requests. Organizer will assign the other participants in any group.<\/span><\/p>\n Participant will have the opportunity to provide adequate information to inform their experience at Event Features. Organizer will tailor their experience based on the information provided by Participant.<\/span><\/p>\n Participant is solely responsible for arrival to the Event in a timely manner and for observing any specific times or time limits provided to Participant by Organizer. In the event Participant fails to Participate in any part of the Event at a specific time and Participant is subsequently unable to Participate in such part of the Event, Organizer shall have no obligation to provide a full or partial refund. Organizer is not responsible for delays and\/or wait times in connection with any Event Features or with the Event itself. Organizer may reasonably change the time of an Event Feature in order to accommodate unexpected events, other Event Features being delayed, or ending earlier than expected or later than expected.<\/span><\/p>\n All Credentials are a revocable license to Participate in the Event and Organizer reserves the right to revoke such license at any time in Organizer\u2019s sole reasonable discretion. Credentials may only be used by the registered Participant for all days of the Event.\u00a0<\/span><\/p>\n Any Credentials which are purchased by, or otherwise made available to, Participant must be protected and safeguarded at all times. Participant hereby acknowledges and agrees that Organizer is not responsible for, and shall have no liability resulting from, any loss or damage to any Credentials.<\/span><\/p>\n If physical Credentials are shipped to Participant, the title to such Credentials passes to Participant upon delivery of the Credentials from Organizer to the shipping company. To the extent such shipment of Credentials results in any duty or custom charges, Participant shall be solely responsible for such payment.<\/span><\/p>\n Once purchased, Event Credentials cannot be reproduced, resold , transferred, or upgraded except pursuant to the Organizer\u2019s Credential Resale and Transfer Policies. Any Participant who intends to travel to the Event from out of state or from out of country purchases Event Credentials at their own risk. In the event travel restrictions prevent such Participant from attending the Event, there will be no refunds. <\/b>Credentials are immediately rendered void if altered in any way. The unauthorized resale of Credentials (including, but not limited to, \u201cscalping\u201d), the attempted unauthorized resale of Credentials, the unauthorized assignment of Credentials, the creation of counterfeit Credentials, or the unauthorized transfer of any Credentials to a third party are strictly prohibited and constitute an immediate forfeiture of Participant\u2019s Credentials without compensation from Organizer.<\/span><\/p>\n Credential Resale Policy<\/b><\/p>\n Resale of Credentials must be facilitated by Organizer.\u00a0 <\/b>Participant may return their Credential to Organizer for resale by Organizer, at the sole discretion of the Organizer.\u00a0 If Credential is returned to Organizer and resold by Organizer, Organizer shall issue a refund to Participant upon resale according to the below terms. Where Credential is resold by Organizer for less than the Credential\u2019s original cost, refund will be based on the actual resale price, less Organizer fees incurred in reselling, including but not limited to PayPal fees or credit card processing fees.<\/span><\/p>\n Refunds will not be issued until Credential is resold.\u00a0 In the event Participant returns the Credential to Organizer and Organizer does not resell it, no refund will be issued and Participant will not receive the Credential back.<\/span><\/p>\n Credentials are considered cancelled upon acceptance by Organizer of Participant\u2019s notice of cancellation.<\/span><\/p>\n Credential Transfer Policy<\/b><\/p>\n Transfer of Credentials must be facilitated by Organizer.\u00a0 <\/b>Participant may assign their Credential to another individual, at the sole discretion of the Organizer.\u00a0 If Organizer approves the Credential transfer, the transferee must complete and sign a transfer form and agree to Organizer\u2019s Terms of Service prior to Organizer\u2019s acceptance of the transfer.\u00a0 In the case of a Credential transfer, the Organizer will not be responsible for handling any transfer of funds from transferee to Participant.\u00a0 Participant is prohibited from charging the transferee more than face value of the original Credential.\u00a0 Where a Participant purchases multiple Credentials for an event, Participant must notify Organizer of a transfer of any purchased Credentials to a new participant via this transfer process.<\/span><\/p>\n ARTICLE V<\/b><\/p>\n PERSONAL PROPERTY<\/b><\/p>\n Upon entry to any portions of the Event held in the Venue, all participants, their bags and other personal property may be subject to screening or security checks. Organizer expressly reserves the right to prohibit any personal property from entry into the Venue.<\/span><\/p>\n All personal property brought to the Event is done so at Participant\u2019s own risk and Participant is responsible for safeguarding such property at all times.<\/b> Participant hereby acknowledges and agrees that Organizer is not responsible for, and shall have no liability resulting from, any loss or damage to any personal property belonging to Participant, including, but not limited to, loss or damage resulting from fire, storms, acts of God, air conditioning or heating failure, theft, pilferage, bomb threats, roof leaks, other attendees participating in the Event or other causes, to the extent consistent with applicable law.<\/span><\/p>\n ARTICLE VI<\/b><\/p>\n INTELLECTUAL PROPERTY<\/b><\/p>\n From time to time, certain parts of the Event may allow Participants to submit, share, post, create, or otherwise distribute (collectively, \u201cDistribute\u201d or \u201cDistributing\u201d) content, which may include, but is not limited to, messages, text, sound, images, videos, data or other materials originating with Participant (collectively, the \u201cParticipant Content\u201d). For good and valuable consideration, and in exchange for the opportunity to Participate in the Event, Participant acknowledges that by Distributing any Participant Content as part of the Event, whether to Organizer directly, to the Organizer, on the Platform or at the Venue generally, Participant thereby authorizes, permits, and grants to the Organizer Parties a royalty-free, irrevocable, non-exclusive, sublicensable, assignable, unrestricted right and license to publish, reproduce, portray, modify, adapt, transmit, distribute, create derivative works from, and\/or otherwise use the Participant Content in all media formats (whether now known or hereafter existing), worldwide, solely in connection with the distribution, promotion and publicity of both the Event (including future editions thereof) and Organizer\u2019s general business, services or products.<\/span>\u00a0<\/span><\/p>\n Please note that any Participant content is Distributed solely at Participant\u2019s own risk.<\/b> To the furthest extent permitted by applicable law, Participant hereby agrees that Organizer shall not be liable for any unauthorized copying, use, disclosure or distribution of any Participant Content by third parties and Participant releases and forever waives any claims against Organizer for any such unauthorized copying or usage of the Participant Content under any theory. To the fullest extent permitted by applicable law, Organizer reserves the right to remove, discard, screen or edit any Participant Content at any time without notice to Participant in Organizer\u2019s sole discretion and without any liability to Participant whatsoever. While Organizer has no obligation to monitor any Participant Content, Organizer reserves the right to do so and reserves the right to enforce the intellectual property rights of Organizer or of any third party.<\/span><\/p>\n Representations and Warranties Regarding Intellectual Property<\/b><\/p>\n With respect to any intellectual property shared by Participant, including photos, videos, social media posts, reels, audio, or other created content produced or shared by Participant as part of Participation in the Event (collectively, the \u201cIntellectual Property\u201d), Participant represents and warrants that:<\/span><\/p>\n Organizer reserves all rights and remedies against any participants who breach or violate these representations and warranties. Organizer is not liable for any Intellectual Property or for any loss or damage resulting therefrom and Organizer is under no obligation to store or return any Intellectual Property. While Organizer takes reasonable security measures in connection with the Event, Organizer does not guarantee the safety of any Intellectual Property and has no responsibility to do so.<\/span><\/p>\n ARTICLE VII<\/b><\/p>\n CANCELLATION, RESCHEDULING<\/b><\/p>\n The Event\u2019s operating hours, schedules, vendors, guests, and speakers are subject to change or cancellation without notice to Participants.\u00a0 <\/span>Organizer reserves the right to cancel or postpone the Event, or any part of the Event, on limited or no notice in Organizer\u2019s sole discretion. In the event of a cancellation or postponement of the Event, Organizer shall not be responsible or liable for any costs, damages, fees, expenses or other compensation associated with the Event.<\/span><\/p>\n ARTICLE VIII<\/b><\/p>\n USE OF LIKENESS<\/b><\/p>\n For good and valuable consideration, and in exchange for the opportunity to Participate in the Event, Participant hereby authorizes, permits, and grants to Organizer Parties the royalty-free, absolute and irrevocable right and license to (i) record, photograph, and\/or film the likeness, voice, appearance and\/or image of such Participant while Participating in the Event (collectively, the \u201cLikeness\u201d); and (ii) publish, reproduce, portray, distribute and\/or otherwise use the Likeness in all media formats (whether now known or hereafter existing), worldwide, solely in connection with the distribution, promotion and publicity of both the Event (including future editions thereof) and Organizer\u2019s general business, services or products.<\/span><\/p>\n Participant hereby irrevocably permits, authorizes, grants, and licenses Organizer and its affiliates, successors, agents, and assigns, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, otherwise use, and permit others to use, Participant\u2019s name, image, likeness, appearance, voice, and other characteristics, and all materials created by or on behalf of Organizer that incorporate any of the foregoing (“Materials”) for the purposes of marketing the Organizer and its business, in any medium or format, including but not limited to, in and on magazines, brochures and other print publications, electronic, magnetic, and optical media, motion pictures, television broadcast, cablecast and satellite, home video and video on demand, radio broadcasts, display, point-of-sale, and other advertising and promotional materials, press releases, the internet and other digital transmission or delivery methods, mobile applications, on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of Organizer and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to Participant.<\/span><\/p>\n Organizer or its Authorized Persons shall be the exclusive owner(s) of all right, title, and interest in and to the Materials, including all copyrights in perpetuity throughout the universe. Participant hereby irrevocably transfers, assigns, and otherwise conveys to Organizer the Participant\u2019s entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. Participant hereby irrevocably waives all so-called “moral rights” in the Materials. Participant acknowledges and agrees that Participant has no right to review or approve Materials before they are used by Organizer, and that Organizer has no liability to Participant for any editing or alteration of the Materials or for any distortion or other effects resulting from Organizer\u2019s editing, alteration, or use of the Materials, or Organizer\u2019s presentation of Participant. Any credit or other acknowledgment of Participant shall be determined by Organizer in Organizer\u2019s sole discretion. Organizer has no obligation to create or use the Materials or to exercise any rights given by this Agreement.<\/span><\/p>\n To the fullest extent permitted by applicable law, Participant hereby irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion upon seclusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of personality or publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Organizer\u2019s or the Authorized Persons’ exercise of their rights under this Agreement or the production, exhibition, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part by the negligence of Organizer or any other person, covenant not to make or bring any such Claim against any Authorized Persons, and forever release and discharge the Authorized Persons from liability under such Claims. Participant understands that Organizer is relying on this Agreement and will incur significant expense in reliance on this Agreement, and Participant agrees that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.<\/span><\/p>\n\n
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