In consideration of participating in Requiem Haunted House activities and for other good and valuables consideration, I hereby agree to release and discharge from liability arising from negligence Requiem LLC, Michael Wood and Krista Brower-Wood owners and its directors, employees, agents, volunteers, and all other persons or entities acting for them (hereinafter collectively referred as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representatives and estate, and also agree as follows:
1.Assumption of Risk: You and every person who enters Requiem Haunted House acknowledges that it has unique environments, designed to maximize the experience for the patrons, and such environments have certain, inherent, know and unknown, obvious or non-obvious risks, including, but not limited to: falling; tripping; slipping; sliding, and being hit or struck by moving objects; props or people. These risks may cause serious physical injury, emotional injury, paralysis, permanent disability, death, and property damaged. Risk includes, but are not limited to broken bones, bruises, and other bodily injuries. You further acknowledge and assume the risks from the presence of, and exposure to, the following risks: A) fog or dust; B) obstacles and obstructions on, in or along walkways; C) darkness; D) dimly lit stairs; E) sudden motions or movements; F) loud noises that may cause loss of hearing; G) loud air blasts; H) strobe lights; I) objects or other people falling on, jumping, or striking you; J) any acts by you or others because of fear, anxiety, dizziness, asthma, impaired vision, and any other physical or emotional condition: K) ANY ACT OF NEGLIGENCE, whatsoever, by any person working at Requiem Haunted House, in addition to any and all other activities techniques or procedures designed to frighten patrons. YOU MUST PAY ATTENTION AT ALL TIMES. IF YOU DO NOT ASSUME AND ACCEPT ALL RISKS FOR POTENTIAL INJURY, YOU DO NOT HAVE PERMISSION TO ENTER REQUIEM HAUNTED HOUSE.
2.Release and waiver of Liability: By entering Requiem Haunted House, you agree that you have read this Agreement and all other warnings, and you agree to accept all risks, both specifically identified above and unknown, and to RELEASE and WAIVE Requiem LLC, individually and as a group, and any of their business and/or building owners, employees, agents affiliates, volunteers, and any representatives from any and all claims, rights and damages arising from ANY AND ALL NEGLIGENCE WHATSOEVER and any RECKLESS ACT on the part of the aforementioned parties, or their representatives. You further agree to release, waive and discharge the aforementioned Requiem LLC, the business and/or building owners, and all their employees, volunteers, and representatives from any and all other claims, whatsoever, that may be waived pursuant to Idaho Law. If YOU DO NOT RELEASE AND WAIVE ALL LIBILITY OF THE PARTIES IDENTIFIED IN THIS SECTION, YOU DO NOT HAVE PERMISSION TO ENTER REQUIEM HAUNTED HOUSE.
3.Indemnity: You hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. Should RELEASEES or any anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold harmless for all such fees and costs.
4.Physical and Medical Conditions: By entering Requiem Haunted House, you affirm and represent the following: A) that you are not under the influence of drugs or alcohol; B) that you do not suffer from heart conditions, seizure conditions, asthma and/or other respiratory condition or any other type of mental or physical medical problems; C) that you are not pregnant; D) that you are not in a cast; E) that there are no other reasons why you should not enter Requiem Haunted House. I am willing to assume and bear the costs of -all risks that may be created, directly or indirectly, by any such condition.
5.Arbitration: If, for any reason, any user of ticket to Requiem Haunted House does not waive or release any claim as provided in Section 2.., above , the user must mediate such claim with the parties named in Section 2.., above, and, if the dispute or claim is not resolved by mediation, the ticket user waives the right to any trail or proceeding in any court and must submit their dispute to binding arbitration under the rules of the American Arbitration Association.
6.Video Release: You hereby grant Requiem LLC, its contractors, co-producers, and/or assigns the irrevocable right and permission to videotape, including television commercials, website videos, posters, evidence in a court of law, and for any other reason. You hereby release, discharge, and agree to hold harmless Requiem LLC, from any claims whatsoever arising out of the videotape, including claims for libel or invasion of privacy. You hereby warrant that you are of full legal age and have the right to contract in your own name. That you have read the above authorization, release, and agreement, prior to its execution, and you are fully familiar with the contents thereof, this release shall be binding upon you and your heirs, legal representatives and assigns.
By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my rights to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have read and understood this document and agree to be bound by its terms.
WAIVER FOR CORNOAVIRUS/COVID-19
a. IF YOU ARE SICK OR HAVE BEEN SICK IN THE LAST 24 HOURS, DO NOT ENTER!
b. COVID 19/CORNONVIRUS RELATED: Assumption of the risk and Waiver of Liability Relating to Coronavirus/COVID-19, The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, Federal, State, and County Health Agencies recommend social distancing. Requiem Haunted House has put in place preventative measures to reduce the spread of COVID-19; however, Requiem cannot guarantee that you will not become infected with COVID-19. By agreeing to this wavier, I acknowledge the contagious nature of COVID-19 and voluntary assume the risk that I may be exposed to or infected by COVID-19 by attending the Requiem Haunted House and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Requiem Haunted House may result from the actions, omissions, or negligence of myself and other, including, but not limited to, Requiem employees, owners, and contractors. I voluntary agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at Requiem Haunted House. On my behalf, I (or on the behalf of my children), hereby release covenant not to sue, discharge, and hold harmless the Requiem Haunted House, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the Requiem Haunted House, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation Requiem Haunted House attendance. I understand that I am expected to keep myself, and group, physically distanced at a minimum of 6 feet from other groups, will observe and practice safe and healthy CDC suggested protocols, and will do my part to ensure safety at all times.
c. You (and your entire group) will not be admitted, or will be removed, if any of the rules are not followed. There are no refunds for any reason. Requiem Haunted House reserves the right to refuse admission to anyone.
d. DO NOT ENTER if you take any medication or are using any drugs of any type. You may not be admitted if these conditions are noticed by are staff/or seemed to be presented. DO NOT ENTER if you have asthma, cough, shortness of breath, sore throat, or muscle shortness). You will NOT be admitted or asked to leave property, if any of the rules are not followed.
Date: September 30, 2020