Waiver of Liability, Assumption of Risk and Indemnity
This is a WAIVER OF RIGHTS by you, the person identified below, for the benefit of HAUNTED HILL VIEW, INC. (“HAUNTED HILL VIEW”), as a CONDITION OF ENTRY into the HAUNTED HILL VIEW MANOR building, land and facilities (“HAUNTED HILL VIEW MANOR” or the “Premises”). Intending to be legally bound, you covenant, agree, represent and warrant as follows:
1. ENTIRE WAIVER. This document (this “Waiver”) is important. This Waiver contains a waiver of rights. Read it carefully. By signing below, you acknowledge that you have read this Waiver carefully. The signer represents being at least eighteen (18) years of age. This Waiver is the final, complete and exclusive statement of the entire waiver from you. The Waiver is irrevocable and may not be modified except in a physically signed writing by you and HAUNTED HILL VIEW. Signing this Waiver is a precondition of entry. This Waiver is durable and is effective through any mental illness or condition, whether or not caused by paranormal occurrences. You are permitted to leave the Premises, without refund. HAUNTED HILL VIEW is not responsible if you are incapacitated with fear, anxiety or other mental condition, permanent or temporary.
2. WAIVERS; RISK ASSUMPTION. In consideration of you being permitted to enter the Premises, you, for yourself, and for your heirs, personal representative, successors and assigns, hereby release, waive rights against, discharge, covenant not to sue, and to hold harmless HAUNTED HILL VIEW for and from Claims.
The term “Claims” includes, but is not limited to, actions, claims, causes of action, suits, procedures, costs, expenses, damages and liabilities of any nature, arising from or related to this Waiver and/or your entry onto or being on the Premises, including, but not limited to, relating to or from Activities, participation in or the conducting of Activities, and/or resulting in personal injury, accident, or illness (including mental illness, death and otherwise), property injury or any other damage or loss of any nature or form. The term “Activities” means any conduct or activities on or about the Premises, including, but not limited to, investigations, tours, classes, speaker series, Haunted Hell View-Scare Manor (“Scare Manor”), and/or events of any and all types, whether you are participating or not, paying a fee or not, or acting as a volunteer. The term “HAUNTED HILL VIEW” includes Haunted Hill View, Inc., its lessors, owners or lessees of the Premises, and their respective officers, employees volunteers and agents, successors, heirs, assigns, affiliates or agents.
ACTIVITIES HAVE CERTAIN INHERENT RISKS, including, but not limited to: scratches, bruises, insect and arachnid bites, and sprains, mental incapacity or mental illness, eye injuries, joint or back injuries, heart attacks and concussions, permanent mental incapacity or mental illness, paralysis and death. YOU ASSUME ALL RISK OF ENTRY ONTO AND BEING ON THE PREMISES. You agree to INDEMNIFY AND HOLD HARMLESS HILL VIEW MANOR from any and all Claims. YOU ARE WARNED: The HAUNTED HILL VIEW MANOR building (the “Building”) is an old and dilapidated structure. The Building is a dead building that was once a live operational building—this is not a park ride or facade. This is not a game. The danger, anxiety and terror are real.
Do not enter the Building or the Premises unless you have PROTECTIVE clothing, including, but not limited to, head, face and breathing protection, eye protection, gloves, protective footwear, and 100% COMPLETE BODY COVERINGS from the elements and environment. For example, you should not wear flip flops, shorts or other body-exposed clothing and your clothing and self-protection choices ARE AT YOUR OWN SOLE RISK. YOU MUST WEAR SUITABLE MASK PROTECTION FOR AIRBORNE CONTAMINANTS, GERMS AND IRRITANTS (including, but not limited to, bacteria, germs and viruses, mold spores and asbestos).
Hardhat, goggles, gloves, hard-toe construction shoes with slip protection, full arm and leg protection and rain gear are RECOMMENDED. The Building is not climate controlled and therefore can become very hot or cold, wet, slippery, and you may come in contact with SHARP EDGES AND POINTY SURFACES. The Premises and certain Activities, including, but not limited to, Scare Manor may introduce STROBE and other lighting conditions, loud or piercing SOUND effects, claustrophobic environments or feelings. Certain areas of the outdoors, such as open fields, may have been treated with chemical treatments; there is no assurance that any such chemicals will not be irritating to your system. You are solely responsible for whistles, flashlights and to ensure any other “locate me” capability. Scare Manor actors (“Scare Manor Actors”) may wear, but are not required to wear, COVID or other masks. You acknowledge that their attire may be highly disturbing and are not suitable for children. Scare Manor Actors are instructed not intentionally to touch you; however, you RELEASE HAUNTED HILL VIEW from such contact that may occur from Scare Manor Actors or others, particularly in crowded areas. You understand that you may be touched, pushed or bumped by others.
WITHOUT LIMITING THE FOREGOING, YOU ASSUME RISKS, IN-CLUDING, BUT NOT LIMITED TO, ANXIETY, LOSS OF SLEEP, NEW FEARS AND WORRIES, DAMAGED NERVES, MENTAL ANGUISH, PAIN AND SUFFERING, NEUROTIC AND PSYCHOTIC EFFECTS. You represent and warrant that you have received appropriate MEDICAL CLEARANCE to withstand proximity to Activities. HAUNTED HILL VIEW is not responsible supernatural effects, ailments, blessings, curses, pregnancies, miscarriages or any other physical, or mental, spiritual, psychological, paranormal or otherworldly occurrences that happen or could happen to you. Paranormal activity can be good, evil or otherwise. DO NOT ENTER THE PREMISES IF YOU ARE OR COULD BE PREGNANT, HAVE A HISTORY OF PHYSICAL AILMENTS, ALLERGIES, HEART ATTACK, STROKE, OR YOU ARE INFIRM MENTALLY OR PHYSICALLY TO WITHSTAND THE ACTIVITIES AND/OR THE ANXIETY OF PARANORMAL ACTIVITY.
3. PRIVACY. YOU WAIVE ANY RIGHT OF PRIVACY OR SECLUSION arising from or related to being on the Premises, whether or not any facility therein is otherwise marked for privacy, with the sole exception of designated BATHROOMS denominated as such. Other than designated bathrooms denominated as such, YOU UNDERSTAND AND IRREVOCABLY CONSENT THAT ALL ACTIVITIES ARE OR COULD BE MONITORED AND RECORDED. The specific locations of signage are reminders only and do not indicate any limit on the area or scope of monitoring. Monitoring and recording includes by HAUNTED HILL VIEW, as well as patrons and/or other third parties; you CONSENT TO YOUR LIKENESS BEING STREAMED, RECORDED AND/OR PUBLISHED, including, but not limited to, by live transmission, and/or recorded for dissemination throughout the universe, at any time, whether or not commercially, WITHOUT COMPENSATION to you. Data collected includes your name, likeness, your participation in Activities and the information you provide below, and it may be used for any purpose, commercial or otherwise, including, but not limited to, social media.
I have carefully read the previous paragraphs. I hereby assert that my participation is VOLUNTARY and that I KNOWINGLY ASSUME ALL RISKS for myself and on behalf of anyone in my care.
4. RECORDING. Forms of the term to “record” (e.g., recording, recorded) means any form of capture, photography, video, monitoring, preservation, storage or recording anything arising from the Premises, Activities, and/or your entry or being on the Premises, by any means whatsoever, at any time, including, but not limited to, by verbal, pictorial, audio, multimedia or otherwise. Forms of the term to “stream” (e.g., streaming, streamed) means contemporaneous “live” transmission and publication, and usages of the term “stream” include to record; that is, if you are streaming then you are also recording. “Recorded Content” means any and all content and things arising from recording, and includes, but is not limited to, anything recorded by HAUNTED HILL VIEW, you, third parties or otherwise. ALL RECORDED CONTENT IS THE SOLE AND EXCLUSIVE PROPERTY OF HAUNTED HILL VIEW, INC.
Recorded Content is a “Work Made for Hire” to the fullest extent permitted by the U.S. Copyright Act and, to any other extent, you hereby assign all right, title and interest in the Recorded Content to HAUNTED HILL VIEW, INC. You waive any right of attribution or integrity in the Recorded Content. You may not assign, transfer or sublicense all or any part of your right to use Recorded Content. You represent and warrant that any device you use to record Recorded Content is owned solely by you. HAUNTED HILL VIEW reserves all rights not expressly and specifically granted herein and retains the exclusive right to use all Recorded Content for any purpose, including commercial and entertainment purposes, without notice or compensation to you.
5. YOUR USE OF RECORDED CONTENT. You are granted the right to use Recorded Content if and to the extent it strictly meets all of the following conditions (“Usable Content”): a) it must be recorded personally by you as a paying customer; b) created on your own device; c) as “Personal Entertainment” (as defined later in this Waiver); d) depicting members of your registered group or family and/or solely as necessary and appropriate to record paranormal activity; and e) not in violation of any other term or condition hereof or of any published HAUNTED HILL VIEW published policy (“HVM Policies”), at any time. You may not create or use Recorded Content viewed into or arising from No-Record Zones. Use of drones or other robotic devices is not permitted.
Unless HVM Policies expressly and specifically provide otherwise, you are not permitted to record videos or to stream for “Tours”, and you are only permitted to stream with “Investigations” (aka “Hunts”) that are reserved as “Private Investigations.” HVM Policies include the “Streaming Policy” published at https://hauntedhillviewmanor.com/live-streaming-policy/. You must enter into a Recorded Content Rider signed by you and HAUNTED HILL VIEW in order to have different or additional privileges than as set forth herein or in the HVM Policies.
“No-Record Zones” means no recording whatsoever from, in or into the following areas: i) bathrooms, ii) classes, iii) events and event speakers, iv) special events, v) Scare Manor; vi) gift shop; vii) office areas; and viii) designated off-limits, “no admittance,” “do not enter” or other designated areas.
“Personal Entertainment” means a personal use, no fee is charged by or through you, or received by or through you (or intended), directly or indirectly, of any nature, at any time, for any reason, for viewing the Recorded Content and is not used for or as any part of a commercial enterprise, profit enterprise, non-profit enterprise, and/or with any commercial or profit motive. Without limiting the foregoing, Personal Entertainment does not include Facebook,YouTube, Instagram, Snapchat or other social media channels, publications or websites that: are not singularly personal, are branded, paranormal-themed, enterprise-based, use professional photographers or staff, or are affiliated with or to one or more owned or controlled limited liability companies, limited or general partnerships, or corporations (whether or not profit or non-profit), or contain Production Edits. “Production Edits” means recordings that are edited in any manner with the exception of raw recording boundary cropping, and the term includes, but is not limited to, combining graphics, adding voiceover, credits, effects, themes, music or sound.
HAUNTED HILL VIEW reserves the right to require a financial deposit prior to permitting certain recordings or streamings. You agree that you will provide a copy of, or internet link to, Recorded Content to HAUNTED HILL VIEW (email@example.com) within ten (10) calendar days from the date of any public release of any recording, and you agree that any released recording shall have a disclaimer that the recording is not an “official” recording of HAUNTED HILL VIEW, and the recording is not authorized or sponsored by HAUNTED HILL VIEW. Any breach arising from or related to Recorded Content, including, but not limited to, unpermitted monetization, editing and/or publication, shall have a minimum liquidated damage of $1,000 per occurrence at HAUNTED HILL VIEW’s sole option, in addition to all other available remedies and damages, including, but not limited to, provable damage and available statutory damage. YOU REMAIN SUBJECT TO CIVIL AND CRIMINAL PENALTIES FOR ANY VIOLATION OF LAW AND/OR IMPROPER RECORDING. WiFi wireless network and Internet service is complementary when and where available; no refund is available for failure of the service in any area. Cellular telephone and mobile connectivity may be limited or not available.
6. MISCELLANEOUS. If any provision of this Waiver is contrary to law or unenforceable, it shall be severed and this Waiver shall be re-formed to provide the fullest legal benefit to HAUNTED HILL VIEW. You agree that you are not a third-party beneficiary of any rights granted to HAUNTED HILL VIEW by third parties. This Waiver shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its principles of conflicts of law, and you consent to the personal jurisdiction of such Commonwealth, exclusive venue of Lawrence County. You agree that, if you do not obey the strict requirements set forth herein, including with regard to Recorded Content, you agree that permanent and temporary injunctive relief is necessary, and you waive any right to require bond. The failure of HAUNTED HILL VIEW to insist upon strict performance of any provision of this Waiver shall not prevent any subsequent strict enforcement of such terms. You agree to INDEMNIFY and hold HAUNTED HILL VIEW HARMLESS, including attorney fees for HAUNTED HILL VIEW’s enforcement or injury arising from this Waiver. You agree to abide by all rules set forth by HAUNTED HILL VIEW, including relating to safety on or within the Premises.
HAUNTED HILL VIEW retains complete discretion to disallow entry or continued entry onto or in the Premises as it deems the context requires and retains the right to terminate recording by you at its sole discretion, with or without cause, without any refund or compensation.
Check one: I will NOT be streaming; ; or
I am on a Private Investigation and will be streaming according to the terms in this Waiver and HVM Policies.
Please provide LIVE streaming broadcast site: ____________________________________________________________________
If streaming is checked, “Recorded Content” is for: Personal Entertainment Use Only (see terms and conditions set forth above); or As set forth in the Recorded Content Rider”).
A copy of this waiver will be emailed to you before your reservation date. Please sign the copy and bring the waiver with you on the day of your event.