Releaseand Waiver of Liability, Assumption of Risk and Indemnity Agreement
with Parental Consent (“Agreement”)
By signing below, I am volunteering to participate in Haunted Zombie Hunt/Blood Barn related activities (Collectively, “actively”) during the 2016 season.
I and each of my heirs, personal representatives, guardians, conservators, agents, successors and assignees, I AGREE TO HOLD HARMLESS, INDEMNIFY AND CONVENANT NOT TO SUE, AND HEREBY RELEASE AND DISCHARGE, Haunted Zombie Hunt/Blood Barn and/or Hunsader's Rockin Ranch, its owners, administrators, directors, managers, agents, successors and assigns, in their official and individual capacities, and owners and lessors of the Premises on which the Activity is conducted (eachof the forgoing shall be considered one of the “Releasees” herin) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE ACTIVITY, INCLUDING THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE (BUT EXCLUDING THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY RELEASEE).
I ACKNOWLEDGE,agree, and represent that I understand the nature of the activities and that I am qualified, in good health, and in proper physical and emotional condition to participate in such activity. I further agree and warrant that if, at any time, I believe the conditions to be unsafe, or if I am unfit for any component of Activity participation, I will immediately discontinue volunteering/participating in the Activity.
I FULLY UNDERSTAND that: (a) The ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY (b) including:physical, psychological, emotional or other injuries), pain,suffering, illness, permanent disability, paralysis, and death (“Risks”) (b) these Risks and dangers may be caused by my own actions, inaction, negligence, conditions related to travel, or the condition of the Premises, the actions of inaction of others participating in the Activity, the conditions in which the Activity takes place, or the negligence of the “Releasees” named below; and (c) there may be other risks or social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, AND ALLRESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation, or that of the Minor named below, in the Activity, including travel to, from and during Activity.
I AM AWARE THAT THIS ACTIVITY INVOLVES: a)Physical activity may include, but not limited, to standing for long periods, bending, reaching, lifting, limited vision, variations of lighting, feelings of pressure, enclosed space, constraints, exposure to laser lights, loud sounds, etc. This list is not intended to be an exhaustive list of all exposures that may incur in the Activity.
I FULLY UNDERSTAND AND ACKNOWLEDGE THAT: *(a) risks and dangers exist in his/her use of NERF™ equipment and his/her participation in NERF™ related activities: (b)eye protection must be worn at all times (c) his/her participation in such activities and or use of such equipment may result in injury or illness including but not limited to bodily injury, disease, sprains, strains, animal bites and/or stings , fractures, partial and/or total paralysis, eye injury, blindness, heatstroke, heart attack, contact with poisonous plants; and accident involving but not limited to, running, falling, jumping, contact with scenery, contact with other patrons and or haunters or other ailments that could cause serious disability or death: (d) these risks and nature or other causes; (e) these risks and dangers may arise from foreseeable or unforeseeable causes; and (f) by mine and/or my child's participation in these activities and/or use of equipment and facilities, I hereby assume all risks and dangers and all responsibilities for all injuries, damages, losses and costs arising from or relating to mine/or my child's participation in such activities.
I HAVE READ THE ABOVE, considered its effects, understand its content, and agree, on behalf of myself and/or child/ward, to the terms as stated above. This agreement specifically contains an indemnity agreement whereby I agree to reimburse the “Releasees” against any damages (including attorney fees and costs) incurred as a result of any lawsuit, claim, or action brought by myself, my child/ward, or any other party, related in any way to me or my child’s/ward’s use of the Haunted Zombie Hunt/Blood Barn. I further understand that no person has permission to use the Haunted Zombie Hunt/Blood Barn facility without an effective and validly signed Release and Parental/Guardian Waiver of Liability.
I understand that I am voluntarily giving up me and/or my child’s/ward’s rights to bring a lawsuit or claim against the above mentioned “Releasees”. I further understand and accept the above risks related to these activities.
I ACKNOWLEDGE, agree, and represent that I have viewed and understand the Haunted Zombie Hunt/Blood Barn SAFETY AND TRAINING PRESENTATION.
I ADDITIONALLY PERMIT “RELEASEES” TO PHOTOGRAPH OR VIDEOTAPE MY PARTICIPATION IN THE ACTIVITIY, INCLUDING SOUND AND VIDEO RECORDING (collectively, “Recordings”). I GIVE “RELEASEES” ALL RIGHTS TO MARKET, PUBLISH, REPRODUCE (IN ANY AND ALL MEDIA), AND OTHERWISE USE THE RECORDINGS WITHOUT MY PERMISSION.
This agreement releases Haunted Zombie Hunt/Blood Barn and/or Hunsader's Rockin Ranch from all liability relating to injuries that may occur at Haunted Zombie Hunt/Blood Barn and/or Hunsader's Rockin Ranch. By signing this agreement, I agree to hold Haunted Zombie Hunt/Blood Barn and/or Hunsader's Rockin Ranch entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence.
I also acknowledge the risks involved in volunteering at the Haunted Zombie Hunt/Blood Barn. These include but are not limited to (*see above}. I swear that I am participating voluntarily, and that all risks have been made clear to me. Additionally, I do have any conditions that will increase my likelihood of experiencing injuries while engaging in this activity.
By signing below I forfeit all right to bring a suit against Haunted Zombie Hunt/Blood Barn and/or Hunsader's Rockin Ranch for any reason. In return, I will receive participation as a volunteer/and or Zombie. I will also make every effort to obey safety precautions as listed in writing and as explained to me verbally. I will ask for clarification when needed.