Room Escape Artist

In the spirit of Thanksgiving and fighting over politics, I’m going to share a strong non-partisan political opinion:

The relationship that Americans have with waivers is insane, and it blinds us to actual risks.

Let me break down this problem.

Waivers Everywhere, For Everything

In the United States, we sign waivers for just about every activity except for eating, and honestly, it kind of surprises me that restaurants aren’t asking for indemnification.

Everywhere we go, we’re being handed a long, small-print document, and told that services will not be rendered unless we sign it, right now, without time to read and review it. Let’s not even get into terms of service that tech companies force upon us and change on a whim.

I read most every waiver that I am handed, and I have read every single waiver in an escape room… for years.

When you are constantly asked to sign an impenetrable document all the time, it’s easy to get numb to them.

“But waivers are meaningless…”

I know that there are a lot of people who like to parrot the idea that waivers are meaningless in the United States… but this is not really true. I have been considering finding a lawyer to help break down this knowledge for our community. (Please leave a comment letting me know if this is something that would interest you.)

If you want to get a better sense of how waivers do work, watch this video breaking down the insane waiver of a torturer:

Waivers in American Escape Rooms

Waivers in American escape rooms are ubiquitous; they are everywhere.

We have waivers in US escape rooms for a combination of reasons:

• Business insurance companies really want escape room companies to have waivers.
• Some escape rooms have savvy lawyers who really do understand the value of a waiver.
• Escape room companies want to get permission to photograph and share post-game photos on social media.

Very few American escape rooms even involve climbing, crawling, running, heavy lifting, performers, or real horror. I’m not being judgmental with this statement; it’s simply a fact.

In most American escape rooms, the most strenuous things that you do is stand on your feet for an hour and think.

Waivers in European Escape Rooms

Waivers in European Escape Rooms are extremely rare… arguably too rare.

Unlike in the US, escape rooms in Europe much more frequently involve climbing, crawling, balance, performers, and real horror. There is more risk.

I always caution friends traveling to Europe that if an escape room company has a waiver, make sure that you truly understand the rules and risks of the game. A waiver showing up almost always means that something is actually risky.

And I say that waivers are arguably too rare in European escape rooms because many of the most extreme games that I have played did not present me with a waiver, or even let me know that there were real physical risks ahead. For example, the immoral creeps at Freaky Minds Horror Live Games did not have us sign a waiver or explore any form of informed consent before putting us into their mediocre game and ignoring the fact that we had booked “no contact mode.”

Communicating Risk

Waivers do serve a legal purpose, and I can respect that. But I really wish that they did a better job of helping to establish known risk.

When we constantly sign waivers for inherently safe experiences, we numb ourselves to the times that waivers really do indicate risk.

Part of the problem with all of the legalese is that legal language spells out the magic words that a legal system cares about, but these are not the words that normal people communicate with.

Whether or not a waiver is presented, players should understand the actual risks that they face when entering an experience.

Not As Spicy A Position As Promised

I get that this piece is not as spicy as it’s positioned, and I am also not delusional. This is a policy issue that is much larger than escape rooms. I don’t believe for a second that I can change this, and I’m not trying to.

My hope is that we, as a community, think about risk in smarter ways… both as players who should know when to be more cautious, and as creators who should know when they need to communicate risk to their players.

This position hasn’t come out of nowhere. It has been developed over the past couple of years based on our experiences traveling, as well as conversations within our Patreon community, a group of people that we are so incredibly thankful for. Their financial support, questions, and knowledge keep us focused and fueled.

Special shout out to those who joined this month: Robin Schriebman, Dylan Callery, Julia Cooke, Eddie Nguyen, Gabe Berkovich, Mariana Scottini, sagi meir, Taylor Wheaton, and Anthony Vu

To those of you reading who have the means, we hope you’ll consider joining this wonderful group of supporters.

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