EVENT RELEASE & WAIVER AGREEMENT
In exchange for participating in the interactive arts and virtual reality exhibition event (the “Event”) organized by Untitled LLC dba Hopscotch (the “Company”) held at 711 Navarro, Suite 100, San Antonio, TX 78702 and/or for my use of the property, facilities and services of the Company, I agree for myself and, if applicable, in behalf of the Minor(s), to the following Event Release and Waiver Agreement: Liability, Covid-19, Photo, Video and Privacy Notice (the “Agreement”) (for the avoidance of doubt, each reference to “my”, “I”, “me”, “myself” in this Agreement shall include the Minor(s).
Rules and Warnings. I agree to observe and obey all posted rules and warnings at the Event, and further agree to follow any oral instructions or directions given by the Company, its employees, representatives, or agents at the Event, including those health and safety warnings posted at the Event or provided to me by the Company ahead of or upon my arrival.
Release, Discharge and Covenant Not to Sue. I recognize that there are certain inherent risks associated with the Event, and I assume full responsibility for personal injury to myself, and further release and discharge the Company and its affiliates, parents, business partners, licensors, partner artists, directors, officers and employees from any liability, cases of action, claimrs, damages, or other compensation for any injury, illness, loss, damage, pain, suffering, or wrongful death arising out of or relating in anyway to this Agreement, my participation in the Event and/or the use of or presence upon the facilities or property of the Company, whether caused by the fault of myself, the Company, or any third parties, including any negligent act (each a “Claim”), and I agree individually and on behalf of any Minor(s) not to sue the Company and its affiliates, parents, business partners, partner artists, and licensors, or any of its or their employees, officers, directors, or agents for any such Claim.
Virtual Reality, Light, Seizure, Personal Injury and Health Risks. I recognize the unpredictable nature of the human response to virtual reality, light, and objects that may be on display in the Event. I understand and expressly assume the risk that, during my participation in the Event, I may be exposed to a variety of hazards and risks foreseen and unforeseen, direct and indirect, known and unknown, including but not limited to dizziness, bright lights, seizures, fear of heights, bumping into objects, nausea, loss of consciousness, death, and other personal physical, emotional and/or psychological injury (minor or serious). I understand that the magnitude of all risks may be greater for Minors. I further understand that the manufacturers of certain virtual reality hardware, including the hardware that may be in use at the Event, do not recommend its use by those under 13 years of age.
“Horseplay” and Other Activities. I further recognize that the interactions with the art or exhibits on display at the Event may, depending on the nature of the art of the exhibit, entail a certain degree of physical activity or engagement on my part. I agree to exercise, and to cause each Minor with me to exercise reasonable care in all such interactions, including refraining from “horseplay” and other activities which may increase the risk of hard to me or damage to the art or exhibit on display. I agree not to exceed my own abilities in interacting with the art or exhibit. I understand and accept that I will be liable for any and all damages to exhibits, structures, and all other property within the Event.
I further recognize the contagious nature of COVID-19 and that public health authorities, as well as applicable laws and regulations, have recommended or mandated that both I and the Company take certain measures to help prevent the spread.
I agree to partake, and to cause each Minor with me to partake, in all such measures while at the Event and to follow all Company policies and procedures then in effect, including but not limited to wearing a mask (covering my entire nose and mouth), practicing social distancing of 6 ft or more with guests and staff, and maintaining good hygiene before and throughout my visit.
I acknowledge that the Company cannot guarantee that I will not become infected with/by COVID-19 at the Event or by other attendees to the Event. I release the Company from any and all liability, should I become infected with COVID-19.
I represent that I am in excellent mental and physical health and have had no medical or health issues or problems that might interfere with, or otherwise indicate that I should not participate in, the Event.
I represent that I am not at a higher risk than average of spreading COVID-19 to others participating in the Event (for example, I do not believe I have been exposed to someone with a confirmed or suspected case of COVID-19, and I myself have not been diagnosed with COVID-19 and not yet cleared as non-contagious by health authorities).
Emergency Authorization. In an emergency, I authorize the Company to arrange for or provide medical assistance to me, which it believes in appropriate or necessary. I authorize any paramedic, licensed physician, health care personnel and/or medical faculty (“Medical Personnel”) to provide any medical/surgical care and/or hospitalization of me, including anesthetics, which such Medical Personnel determines to be necessary or advisable. Notwithstanding the foregoing, I acknowledge and agree that the Company is under no obligation to provide medical assistance.
Guests Under the Age of 18. I represent and warrant that, if I am under the age of 18, a parent or legal guardian shall be present during the Event and shall be responsible for my actions and my safety and welfare throughout the course of the Event.
Responsibility for Accompanying Minors. If I am 18 or older, I represent and warrant that I am the parent or legal guardian of (or agree to be the adult responsible for) all individuals under the age of 18 accompanying me (each, a “Minor”). I agree that I will list all such Minor’s names below for the Company’s reference. I represent and warrant that I have the legal right and authority to consent to this Agreement on each Minor’s belahd, and, by signing below, I hereby do not do consent to each and every term and condition of this Agreement on each Minor’s behalf, as applied to each Minor in each instance.
Lost, Damaged Stolen Items. I agree that the Company has no responsibility for lost, damaged, or stolen items at the Event, including any articles I may choose to check with the Company at the entrance to the property (if such courtesy is offered). I understand and acknowledge that any lockers provided are solely for my benefit and convenience and that, if I choose to use them, I do so at my sole risk. I agree that there is no warehouseman relationship between me and the Company, that the Company is not a bailee and that the Company does not take care, custody or control of anything I choose to store in the lockers or with the Company. I hereby release the Company from liability for any loss, or damage to any items I choose to store in the lockers or with the Company personnel, without regard for any active or passive acts or omissions, or negligence of the Company, its employees, its representatives, or its agents, and I agree individually and on behalf of any Minor not to sue the Company, its affiliates, parents, business partners, partner artists, and licensors, or any of its or their employees, officers, directors or agents for any such loss or damage.
Damage to Property or Facilities. In the event that any damage to the art, exhibits, property or facilities at the Event occurs as a result of my (or any Minor’s) acts, negligence, recklessness, or misconduct, I acknowledge and agree to be held liable for any and all damages (including indirect and consequential damages) and other costs caused by or otherwise associated with such acts, negligence, recklessness or misconduct.
Photographs & Videotape. I grant the Company the right to photographs, videotape, and/or record me and any Minor, at the Event, and to use my or their images, likeness, voices, and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation, and I waive any right to royalties or other compensation arising from such use.
Commercial Activities, Including Commercial Photography. I acknowledge and understand that commercial activities, including commercial photography and videography, are not permitted at the Event without the prior written consent of the Company. Accordingly, I agree not to engage in unpermitted commercial activities and to shoot only non-commercial photography or video for my personal use at the Event (except during designated “no photography” periods, during which I agree not to shoot any photography or video whatsoever). If the Company determines (in its sole discretion) that I have not complied with this provision, either during my visit to the Event or at any time thereafter, I agree to comply promptly with the Company’s directions regarding the unpermitted activity or fruits thereof. I further agree to take every effort to respect the privacy and tranquility of other guests. Tripods, excessive props, costume changes, commercial or product shoots, media shoots, press interviews, and all professional video equipment are prohibited without advance approval and accompaniment from a Hopscotch representative. Costumes that obscure ones face, involve accessories, or are culturally insensitive are strictly prohibited.
This agreement contains the entire agreement between me, the Minor(s) and the Company, and this Agreement supersedes any prior written or oral agreements, negotiations and discussions between these parties, concerning the subject matter of this Agreement. Any representation, inducement or agreement that is not contained in this Agreement shall not be on any force or effect. The provisions of this Agreement may be waived, altered, amended, or repealed, in whole or in part, only upon the prior written consent of the Company and me. The provisions of this Agreement will continue in full force and effect even after the termination of the activities provided by, on the premises of, and for the benefit of, the Company.
I acknowledge that I have read, understand, and agree to abide by the provisions set forth in this Agreement, I realize it involves surrendering valuable legal rights, and that my sole recourse if I do not agree with any of the provisions set forth above is to not enter the Event. I understand that this document is written to be as broad and inclusive as legally permitted by the State of Texas. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms.
I agree that this Agreement may be electronically signed and that the electronic signature(s) appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. I agree to receive an electronic copy for the document at my email address below.