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Walking Dead Haunted House
RELEASE OF LIABILATY, AGREEMENT TO WAIVE CLAIMS, EXPRESS
ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
(Read the following and be certain you understand the implications of signing)
By signing this document I understand that I waive certain legal rights, including the right to sue.
EXPRESS ASSUMPTION OF THE RISKS ASSOCIATED WITH PARTICIPATING IN
THE Walking Dead Haunted House I, ____________________________ do hereby affirm and acknowledge that I have been informed of inherent hazards and risks associated with the Walking Dead Haunted House. I fully understand that these risks can lead to severe injury and even death. Despite the potential hazards and dangers associated with the Walking Dead Haunted House I wish to proceed and I freely accept and expressly assume all risks, dangers, and hazards that may arise from the Haunted Attraction and could result in personal injury, death and property damage to myself or others. I understand that a repeated or flagrant violation of any rules while in the Walking Dead Haunted House or other wise during any participation may result in my ejection from the Walking Dead Haunted House with NO rebate of the fee.
RELEASE OF LIABILITY, AGREEMENT TO WAIVE CLAIMS, EXPRESS
ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
In consideration of being allowed to participate in the Walking Dead Haunted House as well as the use of any of the facilities and use of the guns, props etc of a releasee, I hereby agree as follows:
1. TO WAIVE AND RELEASE ANY AND ALL CLAIMS, DIRECT OR INDIRECT,
that I may have in the future against any of the following named persons or entities (hereinafter referred to as Releasees):
FRED MCCOY, his helpers, assistants, volunteers or anyone at the Walking Dead Haunted House, located in Hustonville, Kentucky. To release the releasees, their officers, directors, employees, representatives, agents and volunteers, from all liability and responsibility, whatsoever, for any claim or cause of action that I, my estate, heirs, executors or assigns may have for personal injury, property damage or wrongful death arising from participating in the Walking Dead Haunted House. By executing this document, I agree to not to hold the releasees for any injury or death which may occur to me while participating in the Walking Dead Haunted House.
3. By entering into the Agreement, I am not relying on any oral or written representations or statements made by the Releasees, other than what is set forth in this Agreement. I further agree that this Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Kentucky, United States of America.
PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING. IF YOU HAVE ANY QUESTIONS PLEASE ASK US OR CONSULT AN ATTORNEY
Fred McCoy his agents, employees, members, and volunteers, (hereinafter Walking Dead Haunted House) have done everything possible to assure that our guests experience a rewarding experience. We wish to inform our guests that being chased by Zombies is not risk free. The same elements that contribute to the unique character and fun of escaping from Zombie, such as physical exertion, , injury illness, or in extreme cases, permanent trauma or death. We do not want to heighten or reduce you enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of some of the possible risks. We ask that you read this, sign it, and return it to the person in charge of the Walking Dead Haunted House
ACKNOWLEDGMENT OF RISK
Walking Dead Haunted House like all stunts can be hazardous. It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries. This list is not exclusive or exhaustive list of possible injuries, trauma or accidents that may occur while running from Zombies. Most of these injuries are rare and you are not likely to encounter them. However, they have occurred and you need to know about them and other possible injuries not mentioned above. I am not using drugs or alcohol; I’m physically able to undertake the activities. I am fully capable of participating in the Walking Dead Haunted House. I state that I have read this statement on some of the possible risks in this activity. Therefore, I assume full responsibility for myself, for bodily injury, death and loss of personal property and any expenses as a result of my negligence, or the negligence of Zombies, I also understand that the Walking Dead Haunted House reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in the Walking Dead Haunted House. I’m in good physical condition and able to undertake this activity.
CONTRACT, WAIVER, RELEASE AND INDEMNIFICATIONN
I agree to indemnify and hold harmless Walking Dead Haunted House, Fred McCoy their agents and employees from all claims, damages, losses, injuries, and expenses arising out of or resulting from participation in these activities. I further agree to release, acquit and covenant not to sue the Walking Dead Haunted House, their agents and employees for all actions causes of action claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of the actors/Zombie or myself, or my heirs, against Walking Dead Haunted House arising out of participation in this stunt. In short, I can not sue the Walking Dead Haunted House and if I do, I cannot collect any money.I agree to the site of any lawsuit and the law governing any such lawsuit shall be in Kentucky and governed by Kentucky law. The terms of this agreement shall continue and be in effect after teh Walking Dead Haunted House has ended.
As liquidated damages, I hereby agree that if the Walking Dead Haunted House is forced to defend any action, lawsuit or litigation by myself, my executors, or my heirs, on my family’s or my behalf, my heirs or executors and I agree to pay the Walking Daed Haunted House costs and attorney fees if they successfully defend such action, lawsuit or litigation. Should a court of competent jurisdiction declare any paragraph or part of this agreement unenforceable, the remaining parts or paragraphs shall remain in full force and effect. I acknowledge that no guarantees have been made with respect to achieving objectives.
I authorize and release to Fred McCoy/Walking Dead Haunted House the use of my image in any photograph or video recording for any purpose Zombie Paintball I hereby declare that I am 18 years of age or above and am competent to sign this Agreement.
I HAVE READ THIS AGREEMENT, I UNDERSTAND IT, I AGREE TO BE BOUND BY IT.
SIGNATURE OF APPLICATE __________________________________ DATE ______________
SIGNATURE OF WITNESS ___________________________________ DATE______________
I, __________________________, of my own free will, my heirs and executors and myself, have read, understand and acknowledge the risks and liability for myself.
A copy of this release can be used as if it was an original.
I DO NOT have any medical conditions that would prevent me from participating in this activity.
IN CASE OF EMERGENCY PLEASE CONTACT: _______________________
Note: This form must be read and the personal data provided before the participant is allowed to take part in any activities. By signing this form, the participant affirms having read it.
I recognize that there are dangers and risks to which I may be exposed by participating in.
The following is a description and examples of specific, significant, non-obvious dangers and risks associated with this activity.
In consideration of my involvement under the auspices of this sponsoring organization, I acknowledge and agree to assume and take on myself all of the risks and responsibilities in any way associated with this activity. ( I am taking part in this stunt at my own risk).
I have read and understand the above Release and Waiver and sign it voluntarily.
Participant’s Signature ________________ Date ________
