All references to JoeBoo Evil Events, LLC (“JoeBoo”) in this Liability Waiver and Release (the “Release”), shall mean JoeBoo Evil Events, LLC, its affiliates and assigns, and the members, directors, officers, contractors and employees of each of them.
JoeBoo offers programs and/or events, including but not limited to haunted attractions, mazes, props, lighting, sound/music, live scare-actors, and ancillary services including but not limited to parking, concessions, merchandise sales, games, and makeup application (collectively, the “Event”).
Hazards/Risk: The Event is intended to scare and terrify by employing various methods and scare tactics including but not limited to bloody and gory scenes, scary sounds, flashing strobe lights, actors dressed like monsters, and surprise events meant to startle you, all of which some people may find disturbing. Additionally, the haunts and paths may be poorly lit and contain uneven areas and obstructions and the potential of colliding with persons and/or objects. Consequently, the Event carries with it certain inherent risks of injury to persons and to property.
Certification: I certify that I am over 18 years of age, I have read and understand the contents of this Release and that this Release is knowingly and freely agreed to by me for myself and my dependents.
Waiver: In consideration of being permitted to attend and/or participate in any way in the Event, I, for myself, my dependents, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue JoeBoo from any and all claims, actions, demands, that I have now or may have in the future, whether in contract, tort, strict liability, or otherwise, including the negligence of JoeBoo, resulting in personal injury, accidents or illnesses (including permanent disability or death), and property loss or damage related in any way to or arising out of participation in the Event.
Assumption of Risk: My participation in the Event is strictly voluntary. By participating in the Event, I knowingly and freely assume all risks and hazards associated with the Event, including but not limited to the risk of any personal injury, property damage, or property loss that I may suffer, incur, or sustain, that could in any way be construed to be connected with or arise out of my participation in the Event. I understand that it is my sole responsibility to consult a physician prior to and regarding my participation in the Event. I represent and warrant that I have no medical condition that would prevent my participation in the Event. I recognize that by participating in the Event I may suffer harm to my person or property, including but not limited to scrapes and bruises, sprains, broken bones, loss of limbs, loss of eyesight, back injuries, concussions, heart attacks, and death. I am fully aware of and freely assume all associated risks and hazards, whether known or unknown, foreseeable, or not foreseeable.
Indemnification and Hold Harmless: I agree to indemnify, defend, and hold JoeBoo harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in the Event, whether in contract, tort, strict liability or otherwise, and to reimburse JoeBoo for any such expenses incurred.
License: I hereby grant JoeBoo an unlimited, irrevocable, exclusive license, without fee or charge, to use my likeness existing in photos, videos, or other media taken while at the Event for the purpose of promoting any and all JoeBoo current or future events. I forever waive any and all claims, suits, or damages relating to JoeBoo’s use of my likeness.
Law: I agree that this Release shall be construed in accordance with the laws of the State of Ohio and that any mediation, suit, or other proceeding relating to this Release and any activities covered hereby must be filed or entered into only in the federal or state courts of Ohio having proper jurisdiction.
Severability: Any portion of this Release deemed unlawful, invalid, or unenforceable is severable and shall be stricken without any effect on the enforceability of the Release as a whole, which shall continue in full force and effect to the full extent authorized by law.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that for me and my dependents I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend to completely and unconditionally release JoeBoo of all liability to the greatest extent allowed by law.