By registering for and participating in a Cryptic Quests quest, I agree to be bound by the following terms of this Liability Waiver. In addition, I am acknowledging that I have read and understand the Terms of Use and the Official Rules associated with the quest, when applicable.

1. By registering for and/or participating in a Cryptic Quests Adventure or Discover Quest, I certify that I am 18 years of age at the time of registration.  I also acknowledge that should I decide to work together with others as a team (Adventure Quest) or bring others along to enjoy my Discover Quest, all unregistered members of my group are my responsibility, including those that may be under the age of 18.
2. I certify that I, and all team members, are mentally and physically capable of participation in this activity as determined by a qualified healthcare professional.
3. I understand that Adventure Quests are outdoor activities that require walking (or strolling in a wheelchair if the quest is handicap accessible) and in some cases (such as with Discover Quests) may require motor vehicle or other transportation to get to various locations within the game/tour in order to progress within the game or tour.
4. I agree to observe and obey all Cryptic Quests rules, as well as all federal, state, county, city, town, or park motor vehicle traffic and/or other laws including any publicly posted rules, notices, or warnings within the quest region.
5. I recognize there are certain inherent risks associated with exploring the outdoors and quests, and as such I assume full responsibility for any personal injury to myself, and/or any unregistered team members that may play or tour with me.
6. I release and discharge Cryptic Quests (and all other "Releasees" as defined in this waiver) for any injury, loss, damages, or liability incurred by, inflicted on, or caused by myself, my team, or any third party.
7. I agree to indemnify and defend Cryptic Quests (and all other "Releasees" as defined in this waiver) against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my, or my team's, participation in a Cryptic Quests quest.
8. Any legal or equitable claims that may arise from participation in a Cryptic Quests quest shall be resolved by the laws and statutes of the State of Missouri.
9. I agree and acknowledge that I am under no pressure or duress to agree to this agreement and that I have been given a reasonable opportunity to review it before agreeing.
10. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or any other applications of such provision and such invalid or unenforceable provision shall be deemed not to be part of this agreement.
11. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using mediation.

Release

By registering for and participating in any Cryptic Quest’s  tour/game/quest (collectively referred to as "quest"), you (aka "the player") agree without limitation to release, indemnify, defend and hold Cryptic Quests and their respective parent entities, affiliates, subsidiaries, owners, directors, officers, employees, and agents, including advertising and promotional agencies and/or partners, and any other organizations/entities related to the quest (collectively known as "Releasees"), and assign them harmless without limitation from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature incurred by your or related in any way to your registration and/or participation in a quest including the acceptance or use of any prize or special offer or any parts thereof (collectively, "Claims").

Limitation of Liability

The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable prize claim notification documents (if applicable), responses, or other correspondence, whether through the platform, by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of prize claim documents or the prize itself; or (iii) phone, cellular, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties that impact a registered players ability to play and/or win a quest or claim a prize.

Prizes (if applicable) are awarded "as is, where is," without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose. Except where prohibited, by participating in a quest, each registered player agrees that:

1. any and all disputes, claims and causes of action arising out of or in connection with the prize awarded, determination of a winner, or any other matter relating to the quest that cannot be resolved between such registered player and any Releasees shall be resolved individually, without resort to any form of class action; and
2. any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with registering for the quest, but in no event attorneys’ fees.

Notwithstanding anything to the contrary herein, in no event shall any registered player seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Cryptic Quests’ platform, the quests, any website, content, advertising or other materials used, displayed or issued in connection with the quest, and such player’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL REGISTERED PLAYERS.

Force Majeure

Without limiting any other provision in these Official Rules, in the event that any of the registered player’s activities or the Releasees’ operations or activities are affected, as determined by Cryptic Quests, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. Covid-19), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Cryptic Quests shall have the right to modify, suspend, or terminate the quest, and no Releasees shall be responsible or liable to any registered player or prize winner. Cryptic Quests is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering (e.g. spam or junk filters) of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.

Revised 7/30/2023