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Health & Safety Waiver Agreement

In exchange for participating in the interactive arts and virtual reality exhibition experience (the “Experience”) organized by Untitled LLC dba Hopscotch (the “Company”) held at 711 Navarro St. Suite 100, San Antonio, TX 78205 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, Health, 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 Experience, and further agree to follow any oral instructions or directions given by the Company, its employees, representatives, or agents at the Experience, including those health and safety warnings posted at the Experience 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 Experience, 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, claims, damages, or other compensation for any injury, illness, loss, damage, pain, suffering, or wrongful death arising out of or relating in any way to this Agreement, my participation in the Experience 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 Experience. I understand and expressly assume the risk that, during my participation in the Experience, 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 injuries (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 Experience, 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 Experience 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 that may increase the risk of harm to me or damage to the art or exhibit on display. I agree not to exceed my abilities in interacting with the art or exhibit. I understand and accept that I will be liable for any damages to exhibits, structures, and all other property within the Experience. 

Health. I represent that my mental and physical health will not interfere with, or otherwise indicate that I should not participate in the Experience.

COVID-19. I further recognize the contagious nature of COVID-19. I agree to partake and to cause each Minor with me to partake, in prevention and safety measures while at the Experience and to follow all Company policies and procedures. I acknowledge that the Company cannot guarantee that I will not contract COVID-19 at the Experience. I release the Company from any liability, should I become infected with COVID-19. I represent that I am not at a higher risk than average of spreading COVID-19 to others participating in the Experience. 

Emergency Authorization. In an emergency, I authorize the Company to arrange for or provide medical assistance to me, which it believes is 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 16. I represent and warrant that, if I am under the age of 16, a parent or legal guardian shall be present during the Experience and shall be responsible for my actions and my safety and welfare throughout the Experience. 

Responsibility for Accompanying Minors. If I am 16 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 16 accompanying me (each, a “Minor”). I agree that I will list all such minors’ 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 behalf, and, by signing below, I hereby consent to each 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 Experience, 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 experience that any damage to the art, exhibits, property, or facilities at the experience occurs as a result of my (or any Minor’s) acts, negligence, recklessness, or misconduct, I acknowledge and agree to be held liable for 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 photograph, videotape, and/or record me and any Minor, at the Experience, 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. Additionally, I grant the Company the right to use or repost any photos taken by me and any Minor in my party on their website, social media accounts, or printed material without any right to royalties or other compensation.

Commercial Activities, Including Commercial Photography. I acknowledge and understand that commercial activities, including commercial photography and videography, are not permitted at the Experience 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 Experience (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 Experience 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 one's 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 outlined 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 Experience. 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 validity, enforceability, and admissibility. I agree to receive an electronic copy of the document at my email address below. 

Today's date: March 29, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.

Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 16 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.



By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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