Recorded Content Rider
(To be used for “Personal Entertainment” Exemption, Group Leaders and Drones)
This document (“Rider”) is a SUPPLEMENT and integral part of the HAUNTED HILL VIEW, INC. (“HAUNTED HILL VIEW”) Waiver of Liability, Assumption of Risk and Indemnity (“Waiver”) that has been or will be signed by you, the person identified below, as a CONDITION OF ENTRY into the HAUNTED HILL VIEW MANOR building, land and facilities (“HAUNTED HILL VIEW MANOR” or the “Premises”). This Rider and the Waiver are hereby incorporated into each other by this reference. Defined terms used herein but not defined herein have the meanings set forth in the Waiver. Intending to be legally bound, you covenant, agree, represent and warrant as set forth below. THIS RIDER IS EFFECTIVE ONLY IF HAUNTED HILL VIEW COUNTER-SIGNS BELOW.
A. Personal Entertainment Exemptions
- __ Limited Exemption for Production Edits. You have requested a limited exception (“Production Exemption”) from the constraints against “Production Edits” as set forth for “Personal Entertainment” in Section 5 of the Waiver. You are hereby granted a limited personal, non-transferable and non-assignable exemption to make Production Edits to otherwise Usable Content on the condition that HAUNTED HILL VIEW reserves the right to terminate this Production Exemption at any time, in its sole discretion, including, but not limited to, content that includes nudity, inappropriate language, false or misleading information, outside the realm of paranormal investigations and/or violations of law or community standards.
- __ Limited Exemption for Branded Use. You have requested a limited exception (“Branded Use Exemption”) from the constraints against “Branded” uses as set forth for “Personal Entertainment” in Section 5 of the Waiver. You are hereby granted a limited personal, non-transferable and non-assignable exemption to a branded use the Recorded Content to otherwise Usable Content on the that HAUNTED HILL VIEW reserves the right to terminate this Branded Use Exemption at any time, in its sole discretion.
- To the extent that Production Exemption and/or the Branded Use Exemption are applicable, all other terms and conditions set forth in the Waiver remain effective, including, but not limited to, the other provisions of “Personal Entertainment,” prohibitions on Monetization and the remaining constraints regarding use of Content for Personal Entertainment purposes only. Any Exemption is not to exceed the express and specific exemption set forth above and is based upon the representation made by you in General Purpose for this Rider set forth below, and notwithstanding the content set forth in the General Purpose for this Rider, such content shall not be deemed to expand the applicable exemption, but only further to constrain the applicable exemption.
- You agree to use the following notice, in your publications “[Your Name] is not affiliated with Haunted Hill View Manor and Haunted Hill View Manor has not endorsed or sponsored this production. All trademarks are the property of their respective owners.”
- __ Group Leaders. If you are in the business of or are the organizer of Activities (e.g., an event, Private Investigation, etc.) on the Premises (meaning that the group scheduled for the Activities is created by you only with group attendees), each attendee is still required to individually sign the Waiver and this Rider, if applicable. You agree that in the event of any contradiction between any agreement between you and your group individuals, and the Waiver/Rider between Haunted Hill View and the same persons, the terms and conditions of the Waiver/Rider shall be controlling. You agree to be liable for all persons who are members of your group, and you agree to indemnify and hold HAUNTED HILL VIEW harmless from any claims made by such members. You may charge your group members your fee to coordinate the event, and you may collect and make a single aggregate payment to HAUNTED HILL VIEW for all of your group members entrance; however, this does not change the fact that you and each group member is subject to the terms and conditions of the Waiver, which shall be controlling.
- If a group leader is a professional business, then the Branded Use Exemption is required for the group leader. Individual members of the group are bound to the Personal Entertainment constraints set forth in the Waiver and, to acquire any exemptions, must individually execute this Rider to the extent addressed in this Rider or must otherwise acquire written permissive rights if not addressed in this Rider.
- You agree to use the following notice, in your media promotions and any agreement you may have with a third person regarding attendance at HAUNTED HILL VIEW: “[Your Name] is not affiliated with Haunted Hill View Manor, and Haunted Hill View Manor has not endorsed or sponsored this program. Entry onto the premises of Haunted Hill View requires you to sign its Waiver/Rider that will be controlling and may supersede any terms and conditions with us.”
C. Drones, Outdoor Footage
- You have requested to use drones (outdoors only) or to record content outdoors (“Drone Exemption”). Drones are not permitted in the Building. A copy of drone recordings must be submitted to HAUNTED HILL VIEW within ten (10) calendar days (email@example.com). You are permitted to use one (1) drone outdoors or to record outdoors (as specified by checkbox below). The Drone Exemption is based upon the representation made by you in General for this Rider set forth below, and notwithstanding the content set forth in the General Purpose for this Rider, such content shall not be deemed to expand the exemption, but only further to constraint the exemption.
D. Use of Brands
- In all cases, you agree that the HAUNTED HILL VIEW name, logos and designations (“HVM Brands”) are owned exclusively by HAUNTED HILL VIEW. You agree to use HVM Brands only in the form: a) provided by HAUNTED HILL VIEW as part of its media package; or b) reviewed and expressly permitted by HAUNTED HILL VIEW in writing. Without limiting the foregoing, e.g., you may not use media containing HVM Brands scoured from the Internet. In all of your publications and/or advertisements where you reference HAUNTED HILL VIEW or use HVM Brands, you agree that you will disclose that you are not affiliated with HAUNTED HILL VIEW and that HAUNTED HILL VIEW has not endorsed or sponsored your work, event, presence or admission into or in the Premises.
E. General Issues
- NOTHING IN THIS RIDER PERMITS RECORDED CONTENT TO BE MONETIZED (AS THAT TERM IS DEFINED IN THE WAIVER).
- This Rider must be counter-signed by HAUNTED HILL VIEW. Anything not covered in this Rider must have a separate written agreement with HILL VIEW.
__ I confirm that am not and will not monetize Recorded Content (must be checked).
General Purpose for Rider
__ Link to where Recorded Content will be posted at: _____________________________
__ I will be shooting drone footage (outdoor only) and/or __ outside footage. I agree that I will provide a copy of, or internet link, Recorded Content to HAUNTED HILL VIEW (firstname.lastname@example.org) within ten (10) calendar days from the date of any public release of any Recorded Content, and I agree that any released Recorded Content will have a disclaimers as set forth above.
A staff member will contact you to clarify your needs before signing an online form.
No order confirmation is available because no purchase was made.