Release of Liability and Waiver of Claims
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM FOR COMPENSATION.
PLEASE READ CAREFULLY!
In consideration of 1Department Entertainment Services Inc., (the "Company") permitting the participant named below ("I," "me" or “you”) to participate in the Behind the Screams Haunted House experience (the "Activities") in Ottawa, Ontario, and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
ASSUMPTION OF RISKS
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
Examples of risks, dangers and hazards involved in the Activities, include but are not limited to:
Contact or collision with persons, equipment, machines, or other objects.
Close proximity and/or contact with thick smoke and electric shocks.
Equipment-related hazards (e.g., broken, defective, or inadequate equipment, unexpected equipment failure, imperfect course conditions).
Weather-related hazards (e.g., rain or cold).
Judgment and/or behaviour by you or other participants, or by the personnel working, or assisting at the Event.
Psychological stress due to the intense nature of the haunted house environment, including fear, anxiety, and emotional distress.
Exposure to loud noises, flashing lights, laser lights, fog, and other special effects which may cause seizures or other health issues.
Tripping, slipping, or falling due to low lighting and uneven, and possibly wet surfaces.
Contact with artificial blood, makeup, costumes, and props that may cause allergic reactions or skin irritation.
I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in0 the Activities, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I agree that this Agreement will continue in full force and effect for the duration that Company makes the Activities available, and shall apply to all of my future participation in the Activities.
COVID-19 ACKNOWLEDGEMENT
The Company has implemented enhanced health and safety measures for guests and employees. An inherent risk of exposure to COVID-19 exists in any public place where people are present. By participating in the Activities, I voluntarily assume all risks related to exposure to COVID-19.
RECORDINGS
I acknowledge that still photos, audio-visual and audio only recordings (“Recordings”) may be taken of me during my participation in the Activities or on the premises where the Activities occur. I hereby irrevocably grant Company my permission and consent to digitize, modify, alter, edit, adapt, create derivative works, display, publish, and otherwise use the Recordings, including my image, likeness, appearance and voice as captured in the Recordings, in advertising and promotional material for Company, the Event, and similar future events put on by Company, in any and all media, formats and platforms now known or hereafter invented, including but not limited to on publicly viewable social media websites and applications, television, radio, billboards, and print publications, in perpetuity throughout the universe without further consent from or any royalty, payment, or other compensation to me.
GENERAL
This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the City of Ottawa, in the Province of Ontario, and I hereby consent to the exclusive jurisdiction thereof.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.
Participant: ________________
Signature: ________________
Print name: ________________
Address: ________________
Date: ________________
[I am the parent of legal guardian of the minor names above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Agreement. I acknowledge participation in the Activities is being done voluntarily, after having had the opportunity to inspect the course and consider alternatives, including not allowing the Participant to participate in the Activities.]
Signature: ________________
Print name: ________________
Address: ________________
Date: ________________