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, so you must 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. THIS 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 Agreement 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 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 Hills View, Inc., Triko Enterprises, Inc., 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, minor injuries, including, but not limited to, scratches, bruises, and sprains, and temporary mental incapacity or mental illness; and major injuries, including, but not limited to, eye injuries or loss of sight, joint or back injuries, heart attacks and concussions; catastrophic injuries including permanent mental incapacity or mental illness, paralysis and death. YOU ASSUME THE ENTIRE 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. THIS 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 AND ANY ANXIETY AND TERROR HERE WILL BE REAL.
Do not enter the Building unless you have PROTECTIVE clothing, including, but not limited to, head protection, eye protection, protective footwear, and 100% COMPLETE BODY COVERINGS from the elements. 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 RISK. WEAR PROTECTION FOR AIRBORNE CONTAMINANTS AND IRRITANTS (including, but not limited to, mold spores and asbestos). Hardhat, goggles, air filter mask, respirator, 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.
WITHOUT LIMITING THE FOREGOING, YOU ASSUME RISKS, INCLUDING, 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 paranormal activity. 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 happens 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 PARANORMAL ACTIVITY 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 AND STREAMING. Forms of the term to “record” (e.g., recording, recorded) means any form of capture, monitoring, preservation, storage or recording anything arising from the Premises or your entry on the Premises, by any means whatsoever, at any time, including, but not limited to, by video, 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” includes to record. In other words, streaming includes recording; to stream includes to record, etc. “Recorded Content” means any and all content and things arising from streaming (and including all recordings and non-streamed 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. YOU ARE GRANTED THE RIGHT TO USE RECORDED CONTENT THAT IS RECORDED BY YOU FOR NON-COMMERCIAL PURPOSES AS SET FORTH BELOW.
In consideration of your entry onto the Premises, Recorded Content is a “Work Made for Hire” to the fullest extent permitted by the 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. When indicated below, recording by you is only permitted as necessary and appropriate for paranormal activity and you remain subject to civil and criminal penalties for any violation of law and improper recording. YOU ARE NOT PERMITTED TO STREAM (OR RECORD) ANYTHING THAT IS NOT REASONABLY PART OF A CLAIM OF PARANORMAL ACTIVITY.
You agree to adhere to the COMMUNITY STANDARDS of the streaming service provider and HAUNTED HILL VIEW’s guidelines and policies. Equipment used for streaming must comply with FCC Part 15 rules and regulations and must not cause interference with network systems. HAUNTED HILL VIEW has the RIGHT TO TERMINATE STREAMING (which includes any recordings) at its sole discretion, with or without cause, without any refund or compensation to you. WiFi 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. Subject to the above, recording is generally authorized during your visit are on the Premises as a paid customer, but streaming is NOT AUTHORIZED, and you may not stream during the Unpermitted Streaming Activities. “Unpermitted Streaming Activities” means: Classes, tours, public investigations, and/or outside investigations, designated as such. You agree that you will provide a copy of Recorded Content in your possession to HAUNTED HILL VIEW upon written request to the address you provide below.
YOU MAY NOT USE RECORDED CONTENT FOR ANY REASON, EXCEPT FOR RECORDED CONTENT THAT IS RECORDED PERSONALLY BY YOU DURING YOUR VISIT AS A PAID CUSTOMER AND THEN DISPLAYED FOR ENTERTAINMENT USE ONLY, unless you and HAUNTED HILL VIEW both physically sign the so-named “Commercial or Alternate Use of Recorded Content Agreement”. YOU MAY USE RECORDED CONTENT THAT YOU HAVE PERSONALLY RECORDED FOR YOUR SOCIAL MEDIA PROVIDED THAT SUCH USE IS FOR ENTERTAINMENT USE ONLY. COMPENSATION MAY NOT BE RECEIVED DIRECTLY OR INDIRECTLY BY YOU, OR BY OR THROUGH YOU, FOR RECORDED CONTENT, except as agreed pursuant to the Commercial or Alternate Use of Recorded Content Agreement.
“Entertainment Use” means a personal use, no fee is charged by or through you, or received by or through you, 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. 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. HILL VIEW MANOR reserves all rights not expressly and specifically granted herein and retains the sole and exclusive right to use all Recorded Content for any purpose, including commercial and entertainment purposes, without notice or compensation to you.
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. 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.
Streaming is not authorized for Unpermitted Streaming Activities. As a precondition to streaming, every streaming link must be provided to HAUNTED HILL VIEW by emailing it in advance to email@example.com.
Please check one: __ I will NOT be streaming; or __ I agree to pay an additional $75 fee because streaming was not part of my reservation, but is permitted on the terms set forth in this Waiver. If streaming is checked, “Recorded Content” is for: __ Entertainment Use Only (see terms and conditions set forth above); or __ Commercial or Alternate Use (requires separate signed “Commercial or Alternate Use of Recorded Content Agreement”).
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.