PLEASE READ THIS WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY AND DO NOT SIGN IT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS. THIS IS A CONTRACT. DO NOT SIGN IT IF YOU DO NOT AGREE. PARTICIPANT ACKNOWLEDGES THAT THEY DO NOT HAVE TO PARTICIPATE IN SLAUGHTER REALM’S ATTRACTIONS.
SLAUGHTER’S REALM ATTRACTIONS, LLC, an Idaho limited liability company (“Company”), is the owner, operator, and sponsor of Slaughters Realm Attractions haunted venues and Slaughter’s Realm Unleashed: Interactive Terror Experience, (collectively the “Activities” and each by itself an “Activity”). As a purchaser of a ticket or pass to one of the Company’s Activities, and in consideration for the rights and benefits provided by the Company, Participant agrees to the following in connection with participation in any Activity:
The person who is participating in the Activities, including a minor, is referred to as “Participant.” “I”, “my,” and “me” refers to the undersigned signatory.
The Activities include but are not limited to use of all structures and facilities, sidewalks, parking lots/structures, entries, exits, walkways, restrooms and any other rooms or buildings open or accessible to Participants, hereinafter referred to as the “Premises.”
I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY EVERY TIME PARTICIPANT ENGAGES IN THE ACTIVITIES DURING 2024. 1. Use of Premises for Activity Only. I agree that Participant is responsible for the proper use and care of the Premises and any of Company’s property thereon by a Participant, and that I will be liable for the replacement cost of any Company property/equipment which is damaged, destroyed or lost by a Participant. 2. Assumption of Risk. I understand and acknowledge that the Activities Participant will be involved in may be dangerous and may involve the risk that Participant will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the Activity may not be supervised and that the Company does not provide medical services. I further acknowledge that any injury sustained while participating in the Activity may be compounded by negligent or delayed medical service or negligent or delayed assistance by the Company. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO PARTICIPANT’S USE OF THE PREMISES AND PARTICPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY. 3. Assumption of Risk for Slaughter’s Realm Unleashed: Interactive Terror Experience. I further understand and acknowledge on behalf of Participant that the Slaughter’s Realm Unleashed: Interactive Terror Experience Activity INCLUDES PHYSICAL CONTACT BY SLAUGHTER’S REALM’S ACTORS, WHICH COULD INCLUDE BUT NOT BE LIMITED TO TOUCH, BEING GRABBED, PICKED UP, MOVED, PLACED ONTO OR INTO THINGS (SUCH AS FREEZERS), CARRIED, BLINDFOLDED, HAVE BAGS OR OTHER ITEMS PLACED OVER MY HEAD, PLACED IN TIGHT SPACES, DROPPED, HAVING TO CRAWL, BEING PUSHED, BEING LIGHTLY STRUCK, ETC. I also understand and acknowledge the probability of Participant getting wet, being touched by props, minor injuries due to bumps or falls, scrapes, and coming into contact with simulated blood that is designed to (but which the Company cannot warrant), wash out. I understand that if Participant does not want to take these risks or cannot afford to risk any injury, then I should NOT sign this document or allow any minor Participant to participate in any Slaughter’s Realm event or activity, I VOLUNTARILY AND FREELY ASSUME ALL HEIGHTENED RISKS AND DANGERS THAT MAY OCCUR TO PARTICIPANT PURSUANT TO PARTICIPANT’S USE OR THE USE OF THE PREMISES AND PARTICPATION IN SLAUGHTER’S REALM UNLEASHED: INTERACTIVE TERROR EXPERIENCE ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY. By virtually signing this Release and Waiver of Liability, I understand and accept that Participant could be injured, killed, and/or suffer property damage by participating in Slaughter’s Realm Unleashed: Interactive Terror Experience: 4. Release from Liability. I hereby agree, on behalf of myself, Participant, my spouse, children/wards, my parents, heirs, assigns, personal representatives, and estate, to fully and forever discharge and release Company and its affiliates, sponsors, landlords, property owners, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I or Participant may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to Participant’s entry upon and use of the Premises and participation in the Activity, whether caused by the negligence of the Company or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability for a Potentially Dangerous Activity is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by Participant while on or using the Premises or participating in the Activity. 5. Covenant Not to Sue. I agree for myself, Participant, and all heirs of Participant, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Participant or Participant’s heirs may have as a result of any personal injury, death, or property damage Participant sustains while on or using the Premises or while participating in the Activity. 6. Indemnification. I hereby agree to defend, indemnify and hold harmless Company and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of Participant’s use of the Premises or participation in any Activities on the Premises. 7. Medical Treatment Release. I hereby authorize the Company to secure, and I consent to, any medical treatment that may be given to Participant should the Company determine, in its sole discretion, that Participant needs medical care, as a result of being on the Premises or from participating in the Activity. I accept full responsibility for all costs related to Participant’s medical treatment, including any transport costs, and I release all parties involved from any type of liability for anything that may happen during Participant’s treatment or transport. 8. Parent or Legal Guardian. In the event Participant is a minor and not the undersigned signatory, I affirm, under the penalty of fraud, that I am an authorized parent or legal guardian of the minor Participant, and I agree to review and explain to Participant the contents of this Agreement and all posted signs, markings, and warnings regarding any Activity which Participant is participating in. RECOGNIZING AND ACCEPTING THE RISKS LISTED HEREIN, I VOLUNTARILY CHOOSE TO TAKE PART IN THE ACTIVITIES OR VOLUNTARILY CHOOSE TO ALLOW MINOR PARTICIPANT TO TAKE PART IN THE ACTIVITIES and by doing so I agree to PERSONALLY INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (as defined in this Agreement) from and against any and all claims brought by or on behalf of the minor Participant, and/or the minor Participant’s legal guardian(s). 9. Warranty of insurance. I represent, warrant, and certify that Participant has adequate medical or other insurance to cover and pay for any possible injury that may occur to Participant, including without limitation any intensification or exacerbation of injury resulting from any preexisting medical or physical condition Participant may have. To the extent the insurance does not pay for all costs or damages, I agree to pay for any and all costs and expenses of such injury or damage to Participant. 10. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of Participant’s property and personal belongings that Participant brings onto the Premises or use during the Activity, and that the Company will not be responsible for or provide any security for such property and personal belongings. 11. No Representations by Company. I acknowledge that Company makes no representation as to the condition of the Premises or the safety of the Activity or any equipment either on the Premises or used in the Activity. Participant shall use the Premises, and its equipment, in its “AS IS” condition. I acknowledge and agree that Participant is not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding this agreement or the Premises or Activity, except to the extent such representations are expressly set forth in this agreement. 12. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Idaho, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in a District Court in Bingham County, Idaho. 13. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless it is in writing and signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter. 14. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable. 15. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules, and regulations. 16. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. 17. Responsibilities of Participant. I recognize that this is a dark, scary environment where contact is likely to occur to Participant. PARTICIPANT WILL NOT RUN at any time. Participant will not touch the actors or props, even if an actor or prop touches Participant. Participant will wear closed toe/appropriate footwear. Participant expects loud noises, sudden changes in floor elevation (similar “jolting” to that of a roller coaster), trip hazards, electrical shocks. Theatrical fog, slippery/wet/uneven floors, darkness, the possibility of being lightly struck/slapped, strobe lights, claustrophobic effects, electrical effects, and related props/effects. I understand that Participant is voluntarily giving up the right to bring a lawsuit or claim against the abovementioned Released Parties. I further understand and accept the above risks related to these activities and agrees to not allow Participant to participate if Participant is pregnant, or suffers from epilepsy, a heart condition, a neck condition, or any other illness, disease, or medical condition that could otherwise be exacerbated by participation in the Activity. I have had sufficient opportunity to read this entire Agreement or have it explained to me, and agree to be bound by its terms. 18. Electronic Signature. By signing below, I consent to the use of my electronic signature in lieu of an original signature on paper. I have the right to request to sign a paper copy instead. After consent, I may, upon written request to the Company, obtain a paper copy of the electronic record. 19. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND THAT PARTICIPANT IS GIVING UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND AND TO BIND MINOR PARTICIPANT AS THE CASE MAY BE.
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