Waiver Release and Assumption of Risk
PARTICIPATION IN ABANDONED NIGHTMARES EVENTS ENTAILS KNOWN, ANTICIPATED AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL AND/OR EMOTIONAL INJURY, PARALYSIS, DEATH OR DAMAGE TO YOURSELF AND/OR TO OTHERS. RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO, SLIPPING AND FALLING, COLLISIONS WITH FIXED OBJECTS, MOVING OBJECTS AND/OR OTHER PEOPLE WHICH MAY RESULT IN SPRAINS, FRACTURES, BREAKS, SCRAPES, AND BRUISES.
In consideration of the services provided by DRAGONFLY RANGES LLC, a New Hampshire limited liability company, who is the owner and operator of ABANDONED NIGHTMARES and my desire to spectate and/or participate in the activities provided by ABANDONED NIGHTMARES today and in the future. DRAGONFLY RANGES LLC and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, servants, predecessors, successors, assigns, affiliated entities, heirs, personal representatives and all other persons, firms, or entities claiming by or through them are hereinafter known as “Abandoned Nightmares Owner”):
I, the individual named on the ticket order form, on behalf of myself, my spouse, my child(ren), minor child(ren) for whom I am appointed guardian, my parent(s), my heirs, assigns, personal representative and estate hereby:
(a) agree to behave in a safe and responsible manner while in the ABANDONED NIGHTMARES scaretraction and on its grounds;
(b) agree to abide by the ABANDONED NIGHTMARES rules and instructions and the directions of ABANDONED NIGHTMARES employees and representatives, whereby I acknowledge that (i) those rules, instructions and directions are intended to promote the safety of both myself and others; (ii) my failure or refusal to abide by those rules, instructions and directions can lead to the immediate revocation of my right to enjoy the activities of ABANDONED NIGHTMARES, without any right to refund of any payments made; and (iii) in the event of sickness, accident or injury, (a) I will immediately report my injury to the ABANDONED NIGHTMARES staff and under no circumstances will I leave the facility without doing so, (b) I will cease all participation in ABANDONED NIGHTMARES activities at that time of sickness, accident or injury
(c) I authorize the ABANDONED NIGHTMARES employees and representatives to obtain and secure, on my behalf, emergency medical treatment and transportation, when deemed appropriate by employees and representatives, and (d) I agree to assume, at my expense, all costs of emergency medical care and transportation;
(c) agree to fully and forever waive, release and discharge Abandoned Nightmares Owner from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive), liability or obligations of any nature or kind, whether known at the time I leave the event or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with: (i) my activities within the event; (ii) the activities within the event by others; (iii) the operation of the event by Abandoned Nightmares Owner regardless of whether such claims are founded in whole or in part upon alleged negligence, or the actual negligence of Abandoned Nightmares Owner.
(d) agree to indemnify and hold ABANDONED NIGHTMARES Owner harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments directly or indirectly arising out of, or relating to my acts or omissions while participating in any activities at ABANDONED NIGHTMARES;
(e) agree to accept and assume all of the risks which accompany touring ABANDONED NIGHTMARES and represent that my attendance is purely voluntary, and I elect to participate notwithstanding the risks;
(f) fully understand that attending ABANDONED NIGHTMARES may induce physical reactions and stress; and accordingly represent that I (i) am in sufficient good health to participate in the scaretracton; (ii) I do not have any pre-existing physical or medical condition, including without limitation pregnancy, orthopedic problems, including back problems; heart problems; and/or breathing problems, that might be impacted or worsened by my attendance; and (iii) will not visit the scaretraction and its facilities while under the use of any drugs, alcohol or medications that may impair my physical abilities or judgment;
(g) agree to stay in areas that will not place me in danger,
(h) certify that I have adequate insurance to cover any injury or damage I may cause or suffer while attending ABANDONED NIGHTMARES, or if not, I agree to bear the costs of such injury or damage to myself and others; and,
(i) authorize ABANDONED NIGHTMARE Owner, and its successors to capture my image, likeness and sounds in photographs, videotapes, recordings or other forms of media (“Images”). I acknowledge that ABANDONED NIGHTMARES Owner will own such Images and I grant permission, without compensation, for ABANDONED NIGHTMARES Owner, or any affiliated party of the ABANDONED NIGHTMARES brand, to copyright, display, publish, distribute, use, modify and print such Images in any lawful manner, including without limitation, in publications, advertisements, brochures, web sites, social media and other electronic displays and transmissions thereof. The foregoing authorization shall not include using my name with any Image, unless I agree otherwise in writing.
By accepting this agreement, I acknowledge my understanding and agreement to the foregoing terms. I agree that any legal proceeding shall be filed solely in the County of Grafton, New Hampshire and I further agree that the substantive law of NEW HAMPSHIRE shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By agreeing to the terms of this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Abandoned Nightmares Owner on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
I understand that by agreeing to this Waiver, Release and Assumption of risk: (a)I give up important legal rights; (b) I am giving up these important legal rights voluntarily, freely, and under no threat of duress, without inducement, promise or guarantee being communicated to me; and (c)my acceptance is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.