The "dense room escape" was injured accidentally. Is the merchant's "Free Agreement" valid?

In recent years, the dense room escapes as one

Emerging leisure and entertainment methods have quietly emerged

Focus on more and more young people

But in this environment

Once an accident occurs

Who should be responsible?

Detailed case

Xiao Tao went to a company to experience the horror of the horror room to escape the game. Before the game began, the two parties signed the "Exempted Agreement", which was "players already know the danger and precautions of the game, and are willing to bear the risks." During the game, because the game scene settings are unreasonable, the small peach falls. At this time, can Xiaotao claim to the company A to lose money?

It should be known that the "exemption agreement" is not the "free gold medal" of merchants. Although before the game, Xiaotao signed a free agreement with Company A, but it could not use it as a legal security obligation obligation of Company A as a legal room operator.

According to the Civil Code

Provide format terms

Unreasonable exemption or reduction

His responsibility, aggravate each other's responsibility,

Restricting or excluding the other's main rights

This format clause is invalid

Although the escape of the secret room is happy, the safety bottom line needs to be strictly observed. In the trendy and exciting entertainment activities such as escaping and script killing, script killing, game participants should fully evaluate the risk of the game and choose the game theme suitable for their physical condition and psychological tolerance. Before participating in the game Note and obey the staff's guidance to avoid accidents during the game.

Secret room operators should also do a good job of safety management to create a more assured and comfortable gaming experience for consumers. On the one hand, a fair, reasonable and legal agreement must be formulated to clarify the rights and obligations of all parties, and before the game starts, the necessary safety education and risk prevention guidance of the gamers should be conducted; Check the facilities and equipment in the maintenance field, and place warning slogans and protective appliances in places that are prone to danger.

Link

"People's Republic of China"

Article 496 The terms of the format are pre -formulated in order to reuse them and fail to negotiate with the other party when the contract is concluded.

Those who use the format clauses to establish a contract shall follow the principle of fairness to determine the rights and obligations of the parties, and adopt a reasonable way to prompt the other party to pay attention to or reduce their responsibilities. The requirements are explained to this clause. The party who provides the format clause fails to fulfill the prompt or explain the obligation to make the other party not pay attention or understand the terms that have a major interest relationship, the other party may claim that the clause does not become the content of the contract.

Article 497 If there is one of the following circumstances, the terms of this format are invalid:

(1) Has the invalid situation stipulated in Chapter 6 of this Law Chapter 6 and Article 506 of this Law;

(2) Provide format clauses Unreasonably exempt or reduce their responsibilities, increase each other's responsibilities, and restrict the main rights of the other party;

(3) Provide format clauses to eliminate the main rights of the other party.

Article 1,198 hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other operating places, operators, managers, or organizers of public places do not fulfill their obligation to security and guarantee If others are damaged, they should bear the liability for infringement.

If the behavior of a third party causes damage to others, the third party shall bear the liability for infringement; if the operator, manager or organizer fails to fulfill the obligation of security and shall bear the corresponding supplementary responsibilities. After the operator, manager, or organizer bear the responsibility, he can recover from the third party.

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