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WAIVER AND RELEASE OF LIABILITY

***BY ENTERING THE HAUNTED HOUSE AND BUYING A TICKET,  YOU AGREE TO THIS WAIVER AND RELEASE OF LIABILITY AND AGREE TO ALL OF THESE STATEMENTS.***

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I UNDERSTAND THAT I AM RESPONSIBLE FOR EVERYTHING I BREAK EVEN IF IT IS BROKEN IN AN ACTION OR REACTION FROM BEING SCARED AND OR JUMPSCARED. EVEN IF IT IS AN ACCIDENT I STILL AGREE TO REFUND HAUNTING4ST.JUDE. I UNDERSTAND THAT I MUST REFUND HAUNTING4ST.JUDE FOR THE TOTAL COST OF WHATEVER IT IS I MAY BREAK WITHIN THE FIRST WEEK OF IT BEING BROKE. I UNDERSTAND THAT HAUNTING4ST.JUDE IS NOT RESPONSIBLE FOR ANY LOST OR STOLEN ITEMS

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In Consideration of the risk of injury while participating in the Haunted House (Haunting4St.Jude), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge the Russell Family and those who contributed in the making of Haunting4St.Jude, located at  401 Windsor Dr, Germantown Hills, Illinois 61548, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, actors, predecessors, successors, and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this activity.

 

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OF PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLICENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. 

 

I agree to indemnify and hold harmless The Russell Family and those who contributed in the making of Haunting4St.Jude against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else action on my behalf. If the Russell Family and those who contributed in the making of Haunting4St.Jude incurs any of these types of expenses, I agree to reimburse the Russell Family and those who contributed in the making of Haunting4St.Jude. 

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I acknowledge that The Russell Family and those who contributed in the making of Haunting4St.Jude and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of the Russell Family and those who contributed in the making of Haunting4St.Jude.

I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. 

 

The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, actions of others, including but not limited to, participants, volunteers, spectators, event monitors, and/or producers of the event. 

I ACKNOWLEDGE THAT I HAVE CARFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE RUSSELL FAMILY AND THOSE WHO CONTRIBUTED IN THE MAKING OF HAUNTING4.ST.JUDE AND ALL OF ITS AFFILIATES, VOLUNTEERS, MEMBERS, AND PARTICIPANTS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I VOLUNTARILY AGREE TO GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE RUSSELL FAMILY AND THOSE WHO CONTRIBUTED IN THE MAKING OF HAUNTING4ST.JUDE FOR PERSONAL INJURY OR PROPERTY DAMAGE.

 

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of The Russell Family and those who contributed in the making of Haunting4St.Jude, its volunteers, and participants. 

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

 

In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. 

 

This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the participant And The Russell Family and those who contributed in the making of Haunting4St.Jude agree that this Agreement is clear and unambiguous as to its terms. And that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

 

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. 

 

***I UNDERSTAND BY ENTERING THE HAUNTED HOUSE AT 401 WINDSOR DR, GERMANTOWN HILLS, IL AND BUYING A TICKET. I AGREE TO EVERYTHING STATED ABOVE IN THIS WAIVER AND RELEASE OF LIABILITY, ALSO I AGREE TO THE REFUND POLICY FOR ANYTHING I MAY BREAK AND AGREE TO FOLLOW IT***

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