Waiver must be signed in person upon check in:
WAIVER AND RELEASE, EXPRESS ASSUMPTION OF RISK, INDEMNITY, AND VOLUNTARY CONSENT AGREEMENT (the “Agreement”)
- IN FULL AND COMPLETE CONSIDERATION OF The Nefarious Haunt Experience and each of their members, principals, subsidiaries, affiliates, employees, agents, representatives, producing partners, financiers, successors, licensees, and assigns, and all of their subsidiaries, affiliates, employees, members, principals, agents, representatives, producing partners, financiers, successors, licensees, and assigns, which shall all be third party beneficiaries hereof) (collectively, “The Nefarious Haunt Experience”) allowing me to participate in The Nefarious Haunt Experience (the “Experience”), I, on behalf of myself and my personal representatives, heirs, and next of kin (hereinafter collectively the “Releasing Party”), hereby acknowledge and agree as follows:
WAIVER AND RELEASE AND EMERGENCY MEDICAL SERVICES
- Releasing Party hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE The Nefarious Haunt Experience and/or any affiliate and/or media telecasting or otherwise distributing an audiovisual program based on the Experience in which I may appear (the “Program”, as more fully discussed below) in any and all media or formats; any licensees, assignees and/or sub-distributors of the Program; and/or each of their affiliated owners, parents, subsidiaries, licensees, shareholders, officers, directors, managing agents, employees, independent contractors, members, agents, attorneys, investors, affiliated organizations and entities; or any other persons assisting or participating in their activities, including the Experience (collectively hereinafter “Releasees”): FROM ALL LIABILITY OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FOR ANY AND ALL PRESENT OR FUTURE LOSS OR DAMAGE, AND ANY CLAIMS, LIENS, DEMANDS, CAUSES OF ACTION, DEBTS, LIABILITIES, EXPENSES INCLUDING COURT COSTS AND ATTORNEYS FEES, SUITS OR JUDGMENTS THEREFROM (collectively hereinafter “Liability”) ON ACCOUNT OF ANY PERSONAL INJURY, INJURY TO PERSONAL PROPERTY, OR RESULTING IN DEATH ARISING OUT OF OR RELATED TO THE EVENTS, RELEASEES’ NEGLIGENCE, AND/OR RELEASING PARTY’s presence in or upon the premises and facilities and locations where the Experience is or will be taking place. This includes, without limitation, Liability for or arising from:
- Premise's liability.
- Active or passive conduct.
- NEGLIGENCE in the failure to warn or in the selection, assembly, use and/or maintenance of any equipment, facility or services in connection with the Experience.
- NEGLIGENCE in the enforcement or implementation (of failure to enforce or implement) any rules, regulations, guidelines, conditions, or procedures concerning the Experience.
- NEGLIGENCE in the failure to warn the Releasing Party regarding any condition or circumstance of the Experience or regarding the use of any product, facility, or service associated with the Experience.
- NEGLIGENCE regarding the giving (or failure to give) advice, instructions, training, or recommendations by Releasees regarding the Experience; and/or
- NEGLIGENT RESCUE OPERATIONS or efforts by Releasing Party or others present on the premises.
- Releasing Party hereby specifically AUTHORIZES AND CONSENTS TO the on-set production team to provide basic first aid care and/or arranging for MEDICAL CARE OR TREATMENT OR EMERGENCY MEDICAL SERVICES OR RESCUE EFFORTS by phone to 911 in the event of an emergency or in the event of an injury or medical condition that develops or occurs during participation in the Experience or during the Releasing Party’s presence in or upon the premises, facilities, and locations where the Experience is or will be taking place. Releasing Party expressly WAIVES AND RELEASES AND AGREES TO HOLD RELEASEES HARMLESS from and against any and all Liability arising therefrom.
EXPRESS ASSUMPTION OF THE RISK
- Releasing Party hereby acknowledges and understands participating in the Experience can be EXTREMELY DANGEROUS AND RISKY and could result in PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE. The Experience may involve, without limitation, fog, insects, foul language, touching, foul scents,, dizziness, loud noises, claustrophobia, strobe lights, lasers, projectiles, moving floor, visual representations of abuse and post-traumatic stress disorder, and otherwise engaging in physical, emotional, and strenuous activities and/or using equipment and facilities related to these Experience, all of which can result in DISABILITY, DISFIGUREMENT, SERIOUS PHYSICAL OR MENTAL OR EMOTIONAL INJURY, DEATH, OR PROPERTY DAMAGE. Releasing Party further acknowledges that by participating in the Experience, Releasing Party may be asked to: crawl, jump, climb and fall and may be touched, directed physically or yell at during the Experience. This Agreement also constitutes an express and contractual ASSUMPTION OF ALL RISKS AND DANGERS associated with the Experience, including injuries or harm that may arise from the negligence of the Releasees. Additionally, the Experience will also include the use of varying types and styles of equipment, tools and props, including, without limitation, mounted camera equipment. Releasees do not make any warranties or representations about said equipment, tools, props, premises, locations, and/or facilities.
- Releasing Party acknowledges that participation in the Experience is NOT RECOMMENDED for pregnant woman or visitors who have back problems, asthma, mental or heart conditions, have a pacemaker, are prone to seizures or are not physically fit. Poor lighting, steep stairwells, uneven floors, congested walkways and trip hazards may be present throughout the property.
- Releasing Party acknowledges that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. I acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that I will expose others that I later encounter, even if I am not experiencing or displaying any symptoms of illness myself. By visiting and/or participating in the event and/or attractions at The Nefarious Haunt Experience, I agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of myself or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of The Nefarious Haunt Experience, its parent corporations, affiliates, officers, directors, employees and landlord. I acknowledge that my visit and participation are entirely voluntary. On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge The Nefarious Haunt Experience its parent corporations, affiliates, officers, directors, employees and landlord, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of The Nefarious Haunt Experience, its parent corporations, affiliates, officers, directors, employees and landlord, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my visit to and/or participation in event and/or attractions at The Nefarious Haunt Experience
AND RELATED TO RELEASING PARTY’S PARTICIPATION IN THE EVENTS.
This attraction has trip/fall hazards that could cause injuries such as twisted ankle, hand sprain, head and/or knee injury.Initials
VOLUNTARY PARTICIPATION AND CONSENTS
- Releasing Party fully acknowledges and understands that participation in the Experience will involve physical and strenuous activity and dangerous and changing circumstances and conditions. Releasing Party has taken it upon himself or herself to be fully informed of the numerous inherent risks and potential dangers associated with the Experience, including the RISK OF BEING INVOLVED IN AN ACCIDENT AND SUFFERING SEVERE PERSONAL INJURY OR DEATH. Releasing Party acknowledges that he or she has been informed that his or her PERSONAL SAFETY CANNOT BE GUARANTEED. Releasing Party acknowledges that his or her participation in the Experience is completely voluntary, and he or she believes that the potential benefits of participation outweigh the risks and danger associated with the Experience. Releasing Party acknowledges that he or she has not been coerced or convinced by Releasees, The Nefarious Haunt Experience or anyone else to participate in the Experience. Releasing Party acknowledges that he or she has been able to ask questions regarding the Experience, and that all questions have been answered.
- Releasing Party acknowledges that his/her participation in the Event may be recorded (whether by means of audiovisual and/or photographic means) (the “Materials”). Releasing Party also hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Releasees from and against any and all Liability in any manner connected with the use and exercise of the rights granted and/or arising out of or related to the use or reuse of Releasing Party’s appearance, name, voice, image, likeness and/or biographical information as they may appear in the Materials (including without limitation, claims based upon harm to reputation, disparagement, invasion of privacy and/or publicity) in connection with the Materials. Releasing Party hereby authorizes The Nefarious Haunt Experience to use the Materials for any purpose whatsoever, including but not limited to in connection with the Program, any other production, the advertising, promotion and/or merchandising of the same and further acknowledge that such recordings may be exploited in any and all media now known or hereafter devised, throughout the world, in perpetuity. Releasing Party understands that he or she shall not be entitled to any compensation in connection therewith.
- Releasing Party understands that neither The Nefarious Haunt Experience nor any third party is obligated to use any portion of the Materials, or to produce or exploit the Program. If The Nefarious Haunt Experience elects to use any Materials, Producer may change, edit, add to or subtract from the same as The Nefarious Haunt Experience sees fit. Releasing Party hereby waives any right to inspect or approve any Materials or the use to which such Materials may be applied in and in connection with the Program.
- The Nefarious Haunt Experience may freely assign its rights and obligations herein and this release shall be binding upon Releasing Party and Releasing Party’s successors, licensees, assigns, heirs, executors and administrators.
- All of the above rights are granted without any restriction or reservation of any kind or nature whatsoever and without any right to enjoin or interfere with the production, distribution or exploitation of the Program. In no event shall Releasing Party be entitled to seek to restrain the development, production, distribution, exhibition, marketing, advertising, or other exploitation of the Program, or any other production, or otherwise seek or obtain injunctive or other equitable relief against The Nefarious Haunt Experience, its licensees or assigns.
I NDEMNITY AND HOLD HARMLESS
- Releasing Party hereby agrees to DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the Releasees from any Liability (including from court costs and attorneys’ fees) arising out of or related to this Agreement or Releasing Party’s participation in any way in the Experience and/or Releasing Party’s presence in or upon the premises and facilities and locations where the Experience are or will be taking place. Releasing Party also hereby agrees to DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the Releasees from any Liability (including from court costs and attorneys’ fees) caused by or arising out of any statement, action or failure to act by Releasing Party during or in connection with Releasing Party’s participation in the Experience, a breach of this Agreement, and/or arising out of Releasing Party’s improper, tortious, and/or criminal conduct.
- Releasing Party agrees and understands that this Agreement shall be governed by and interpreted under the laws of Virginia. This Agreement is intended to operate and be construed as broadly as allowed under Virginia law, and any dispute regarding the enforceability of this Agreement shall be filed in the courts of the County of Hanover in the State of Virginia and shall not be transferred to any other state or jurisdiction.
- Releasing Party agrees and understands that this Agreement is intended to be fully severable and that if any portion of this Agreement is found to be void or invalid, the remainder of the Agreement shall be enforced to the fullest extent of the law. That shall include modifying the Agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy.
- I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT THIS IS AN IMPORTANT LEGAL DOCUMENT. I FURTHER UNDERSTAND THAT BY SIGNING THE AGREEMENT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHTS OF MY FAMILY. I SIGN THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
- I further agree that no oral representations, statements or inducements, apart from the foregoing written Agreement, have been made to me. I was given ample opportunity to read the Agreement and/or have it reviewed by legal counsel of my choice. I was also offered a copy of this Agreement.