(RELEASE AND WAIVER OF LIABILITY; ASSUMPTION OF RISK: AND INDEMNITY AGREEMENT)
WARNING! YOU WILL NOT BE ALLOWED INTO ANY HAUNTED HOUSE UNLESS YOU UNDERSTAND AND AGREE TO ALL TERMS OF THIS AGREEMENT AND ACKNOWLEDGE YOUR FULL ACCEPTANCE OF THIS AGREEMENT BY COMPLETING THIS PURCHASE. WHEN YOU SUBMIT YOUR PURCHASE TO TUCSON SCREAMERS INC , SLAUGHTERHOUSE TUCSON LLC YOU AGREE THAT YOU WILL HAVE NO RIGHTS TO SUE IF YOU ARE INJURED!
I. Assumption of Risk.You and every person who enters SlaughterHouse Tucson (hereinafter “Haunted House”) acknowledges that the Haunted House are unique and interactive environments, designed to maximize the fright and anxiety experienced by patrons, and that such environments have certain, inherent, known and unknown, obvious or non-obvious risks, including, but not limited to: falling; sliding; tripping; slipping; and being struck or hit by moving objects; props or people. These risks may cause serious physical injury or even death. You further acknowledge and assume the risks from the presence of, and exposure to, the following risks: 1) fog, dust or smoke; 2) uneven floors; 3) moving, slippery floors; 4) obstacles and obstructions on, in or along paths and walkways; 5) dark, winding and fast slides; 6) dimly lit stairs; 7) swinging bridges; 8) sudden motions or movements; 9) snakes, reptiles, horses and other animals; 10) darkness; 11) loud noises that may cause loss of hearing; 12) loud and violent air blasts; 13) electrical shock; 14) bright lights; 15) strobe lights; 16) equipment failure; 17) cable, harness or mechanical failure at the Bat Pole, Zipline, Hay Ride or Free Fall/Rappelling equipment; 18) objects or other people falling on, jumping, or striking you; 19) any acts by you or others because of fear, anxiety, dizziness, asthma, impaired vision, and any other physical or emotional condition; 20) the failure of any safety device or procedure; 21) frightening statements and conduct; 22) unpredictable and surprising situations; 23) sudden and extreme changes in temperature; 24) becoming wet; 25) friction burns and other abrasions, scratches, burns and other contusions; 26) ANY ACT OF NEGLIGENCE, whatsoever, by any person working at the Haunted House, in addition to any and all other activities techniques or procedures designed to frighten patrons. YOU MUST PAY ATTENTION AT ALL TIMES. IF YOU DO NOT ASSUME AND ACCEPT ALL RISKS FOR POTENTIAL INJURY, YOU DO NOT HAVE PERMISSION TO ENTER THE HAUNTED HOUSE.
II. Release and Waiver of Liability.By entering the Haunted House, you agree that you have read this Agreement and all other warnings, and you agree to accept all risks, both specifically identified above and unknown, and to RELEASE and Tucson Screamers Inc and SlaughterHouse Tucson LLC. and the Haunted House, individually and as a group, and any of their business and/or building owners, employees, agents, affiliates, volunteers, and any representatives from any and all claims, rights and damages arising from ANY AND ALL NEGLIGENCE WHATSOEVER and any RECKLESS ACTon the part of the aforementioned parties, or their representatives. You further agree to release, waive and discharge the aforementioned Haunted House, the business and/or building owners, and all their employees, volunteers, and representatives from any and all other claims, whatsoever, that may be waived pursuant to Missouri law. IF YOU DO NOT RELEASE AND WAIVE ALL LIABILITY OF THE PARTIES IDENTIFIED IN THIS SECTION, YOU DO NOT HAVE PERMISSION TO ENTER THE HAUNTED HOUSE.
III. Indemnity.You also agree to indemnify and hold harmless all parties and persons referred to in Section II., above, from any expenses, including attorney’s fees, relating or resulting in any way from your entry into and involvement within the Haunted House. In the event that you buy a ticket, provide another person with money to buy a ticket, or deliver a ticket for use in any Haunted House to another person, you agree to indemnify and hold harmless the parties referred to in Section II., above, from any claims by those persons and you agree to be responsible to make certain that those persons to whom you buy, give or deliver tickets are aware of all warnings and agree to all terms of this Agreement. IF YOU DO NOT AGREE TO THIS INDEMNITY PROVISION, YOU DO NOT HAVE PERMISSION TO ENTER THE HAUNTED HOUSE.
IV. Arbitration.If, for any reason, any user of any ticket to the Haunted House does not waive or release any claim as provided in Section II., above, the user must mediate such claim with the parties named in Section II., above, and, if the dispute or claim is not resolved by mediation, the ticket user waives the right to any trial or proceeding in any court and must submit their dispute to binding arbitration under the rules of the American Arbitration Association.
V. Physical and Medical Condition.By entering any of the Haunted House, you affirm and represent the following: 1) that you are not pregnant; 2) that you are not under the influence of drugs or alcohol; 3) that you do not suffer from heart conditions, seizure conditions, asthma and/or other respiratory condition or any other type of mental or physical medical problems; 4) that you are not presently in a cast; and 5) that there are no other reasons why you should not enter the Haunted House.
VI.Children Under 12 Years of Age.No person under the age of 12 will be allowed into any Haunted House unless they are accompanied by an adult(s), who is/are fully responsible for the conduct and the safety of the child, and who agrees to indemnify and hold harmless the parties identified in Section II., above, from any cost or expense, including attorney’s fees, resulting from any injury to any child they accompany into any Haunted House.
VII. Video Release.You hereby grant to The Haunted House, its contractors, co-producers, and/or assigns the irrevocable right and permission to videotape you eintering and within the Haunted House, which may be used for advertising, including television commercials, website videos, posters, evidence in a court of law, and for any other reason.You hereby release, discharge and agree to hold harmless The Haunted House., from any claims whatsoever arising out of the videotape, including claims for libel or invasion of privacy. You hereby warrant that you are of full legal age and have the right to contract in your own name. That you have read the above authorization, release and agreement, prior to its execution, and you are fully familiar with the contents thereof. This release shall be binding upon you and your heirs, legal representatives and assigns.
AGAIN, NO PERSON MAY ENTER ANY HAUNTED HOUSE UNLESS THEY FULLY AGREE TO EVERY PROVISION OF THIS AGREEMENT. NO REFUNDS WILL BE ALLOWED.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19, The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, Federal, State, and County Health Agencies recommend social distancing. The Slaughterhouse has put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you will not become infected with COVID-19. By agreeing to this waiver, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the Slaughterhouse Tucson and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Slaughterhouse Tucson may result from the actions, omissions, or negligence of myself and others, including, but not limited to Slaughterhouse Tucson employees, owners, and contractors. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at Slaughterhouse Tucson. On my behalf, I (or on the behalf of my children), hereby release covenant not to sue, discharge, and hold harmless Slaughterhouse Tucson, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the Slaughterhouse Tucson employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in Slaughterhouse Tucson attendance. I understand that I am expected to keep myself, and my group, physically distanced at a minimum of 6 feet from other groups, observe and practice safe and healthy CDC suggested protocols, and will do my part to ensure safety at all times. c. You (and your entire group) will not be admitted, or will be removed, if any of the rules are not followed. There are no refunds for any reason. Slaughterhouse Tucson reserves the right to refuse admission to anyone. d. Do not enter if you are wearing any form of a cast, medical brace, using crutches, or have any type of physical limitations. Do not enter if you were taking medication or are using drugs of any type. You may not be admitted if any of these conditions are noticed by our staff and/or seem to be present. Do not enter if you suffer from asthma, heart conditions, seizures, or any type of medical problems including flu-like symptoms (fever, cough, shortness of breath, sore throat or muscle soreness). You will not be admitted or asked to leave the property, if any of the rules are not followed.
© 2022 SlaughterHouse Tucson