Legal
Release of Liability, Assumption of Risk, and Waiver of Claims
Please read carefully. This document affects your legal rights.
By purchasing, accessing, or participating in a Sioux Falls Quest experience, you acknowledge and agree to the following.
1. Nature of the Activity
Sioux Falls Quest is a self-guided outdoor activity conducted in public spaces. Media Quest LLC does not provide on-site guides, monitors, escorts, transportation, medical assistance, or live supervision of any kind. Quest experiences involve walking, navigating, and using a mobile device in parks, on sidewalks, pathways, bridges, and other public places.
2. Public Spaces Not Controlled by Media Quest LLC
Quest locations include public or third-party spaces that are not owned, occupied, maintained, controlled, inspected, or supervised by Media Quest LLC. Media Quest LLC does not guarantee the condition, accessibility, safety, lighting, weather impact, traffic flow, or suitability of any location used in a quest.
3. Voluntary Participation
Participation is voluntary. By participating, you freely accept full responsibility for your own decisions, actions, route choices, pace, attention, and safety throughout the activity.
4. Assumption of Risk
You understand that participation involves inherent and other risks, known and unknown, including but not limited to:
- Slips, trips, falls, and loss of balance
- Uneven pavement, curbs, stairs, bridges, grass, gravel, mud, wet surfaces, snow, ice, and other walking hazards
- Traffic, intersections, bicycles, scooters, vehicles, and other members of the public
- Weather, including heat, cold, wind, rain, lightning, snow, ice, and sun exposure
- Fatigue, dehydration, dizziness, physical exertion, aggravation of pre-existing conditions, and medical events
- Water features, ledges, elevation changes, landscaping, and natural terrain
- Distractions associated with reading clues, typing answers, or using a mobile device in public spaces
- Delays in emergency response due to the self-guided nature of the activity
- Property loss, theft, or damage
- Bodily injury, illness, disability, emotional distress, or death
You knowingly and voluntarily assume all risks arising out of or related to participation, including risks arising from ordinary negligence, to the fullest extent permitted by law.
5. Participant Responsibilities
You agree that:
- You will obey all federal, state, and local laws, traffic controls, signs, barriers, closures, and property restrictions.
- You will not trespass or enter restricted, private, closed, or unsafe areas.
- You will not climb on structures, enter water, or take actions that a reasonable person would consider unsafe.
- You will stop moving before reading clues, typing answers, or otherwise using your phone when doing so could distract you from surrounding conditions.
- You will not use your phone while crossing streets or otherwise when unsafe.
- You will stop participating immediately if conditions appear unsafe.
- You are responsible for determining whether you, and anyone with you, are physically capable of participating.
No clue, prompt, story element, or game instruction should ever be interpreted as requiring unsafe conduct or violation of law.
6. Release and Covenant Not to Sue
To the fullest extent permitted by law, you release, waive, discharge, and covenant not to sue Media Quest LLC, doing business as Sioux Falls Quest, and its owners, members, managers, officers, employees, contractors, agents, affiliates, successors, and assigns (collectively, "Released Parties") from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, and expenses of any kind arising out of or related to your purchase of, access to, or participation in a Sioux Falls Quest experience, including claims for:
- Bodily injury, personal injury, illness, or death
- Emotional distress or psychological harm
- Property damage or loss
- Claims based on the ordinary negligence of any Released Party
This Release applies to claims arising before, during, and after your participation.
7. Minor Participants
If you purchase for, bring, or participate with a minor, you represent that you are the minor's parent or legal guardian, or otherwise have legal authority to act for the minor. You are fully responsible for the supervision, conduct, and safety of that minor at all times. To the fullest extent permitted by law, you agree to this Release on behalf of both yourself and the minor.
8. Indemnification
You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, demands, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Your participation, or the participation of any minor or guest in your care
- Your breach of this agreement
- Your violation of law or property restrictions
- Injury or damage caused by your acts or omissions, or by the acts or omissions of any minor or guest in your care
9. Medical and Emergency Responsibility
Media Quest LLC does not provide medical care, medical insurance, rescue services, or emergency response. You are solely responsible for your own medical needs, insurance coverage, and emergency decisions during participation.
10. No Safety Representation
Media Quest LLC does not represent or warrant that any quest route, clue area, landmark, park, sidewalk, street, bridge, or other location is safe in all conditions or for all participants. References to routes, locations, clues, or landmarks are provided for entertainment purposes only and are not safety assurances.
11. Governing Law and Venue
This Release is governed by the laws of the State of South Dakota, without regard to conflict of law principles. Any dispute arising out of or relating to this Release or participation in a Sioux Falls Quest experience shall be brought exclusively in the state or federal courts located in or serving Minnehaha County, South Dakota, and you consent to the personal jurisdiction of those courts.
12. Severability
If any provision of this Release is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
13. Electronic Acceptance
Your electronic acceptance of this Release — whether by checking a box at purchase, at quest start, or both — is intended to be legally binding and equivalent to a handwritten signature.
14. Acknowledgment
By accepting this Release, you confirm that you have read it, that you understand you are giving up substantial legal rights including the right to sue for claims covered by this Release, and that you accept it knowingly and voluntarily.