Groupon Waiver – Person #2 Congratulations! It looks like you’re going to be playing our Escape from Central Park game on July 16th. Please sign the waiver below now so that you’ll be ready to attend the event. Assumption of Risk and Waiver of Liability and Terms and Conditions of Participation (the “Agreement”) PARTICIPANTS: READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS. Parties Released Parties include Treasure Hunt Adventures (“THA”), and its directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers, and THA’s respective predecessors, successors, subsidiaries and affiliates of the foregoing, whether no longer existing, now existing or formed or incorporated in the future; All THA’s event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing. Releasing Parties include: the participant as well as participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant’s behalf. Assumption of Inherent Risks: I am voluntarily entering or agreeing to be a volunteer at the event I am registering for herein, the “Escape From Central Park” (the “Event”) - I agree not to enter into or volunteer at the Event unless I am medically able and properly trained. I agree to abide by any decision of an Event official relative to my ability to safely complete the Event. I recognize that participation in the Event is a potentially hazardous activity and I willingly assume all risks associated with such participation, including, but not limited to, falls; contact with other participants, spectators or others, or vehicular or other traffic; the effects of the weather, including heat and/or humidity, wind, cold temperature, and wet or icy surfaces; falling tree branches or other overhead objects; traffic; and the crowded nature and other conditions of the course, all such risks being known and appreciated by me. I also understand that it is my responsibility to consult with my personal physician prior to participating in the Event to ensure that such participation will not pose any unusual risks to my health and well-being. I further acknowledge that THA reserves the right to change the details (such as the date, start time, course, and distance) of, and amenities offered at, the Event at any time for any reason and I hereby waive and release any claims that I may have as a result of any such changes. Having read this Agreement and knowing these facts, and in consideration of your acceptance of my application for the Event, I, for myself and anyone entitled to act on my behalf, waive and release the Released Parties from present and future claims and liabilities of any kind, known or unknown, arising out of my participation in the Event, including, but not limited to, claims for damage for personal injury and/or property damage, any claim of right in respect of the Images (as defined below), including, but not limited to, claims of false endorsement or rights of publicity or privacy, even though such claim or liability may arise out of negligence or fault on the part of any of the Releasing Parties. TERMS AND CONDITIONS: I hereby understand, acknowledge and agree that once I have entered the Event, my entry fees are non-exchangeable, non-transferable, and non-refundable, under any and all circumstances, including, but not limited to, cancellation of the event or of your participation, or change in the date, nature, or format of the event. I hereby understand, acknowledge and agree that an event may be cancelled or changed due to severe weather or other factors that threaten the safety of participants, staff, or volunteers. I further understand, acknowledge and agree that cancellation or change of the date, nature, or format of an event may be mandated by governmental officials or otherwise be at the discretion of THA. I hereby understand, acknowledge and agree that all THA events are capped. Price and entry is subject to availability. PUBLICITY RELEASE: I hereby grant to THA the irrevocable and assignable right to depict in perpetuity, worldwide, and in any and all media now or hereafter known, my likeness, image, name, words, voice, and/or biographical information of me participating in the event (collectively “Images”) in photographic works, motion pictures, video recordings and/or other works, and I agree that such Images may be used by THA for any purpose without compensation. GUARDIAN’S PERMISSION AND RELEASE FOR MINOR:If I am or will be applying for my child to participate in, or be a volunteer at, the Event, I represent and warrant that I am the parent or legal guardian of the child and, as such, consent to my child’s participation in the Event and I agree that the terms of this Agreement apply equally to my child and me and any claims I or my child may have in connection with the Event. I also waive any derivative claims that relate to or arise out of my child’s participation in the Event. LIABILITY WAIVER AND RELEASE: Having read this Waiver/Release and knowing these facts, and in consideration of your acceptance of my application for the Event, I, for myself and anyone entitled to act on my behalf, do hereby waive, release, discharge, hold harmless, and covenant not to sue (a) Treasure Hunt Adventures, Inc.; the City of New York, its agencies, departments and officials; (b) all sponsors and officials of the Event; (c) the employees, and volunteers; and (d) all owners and lessors of premises on or in which any Event takes place, and other representatives, agents, and successors of each of the foregoing (the “Releasees”), from any and all present and future claims and liabilities of any kind, known or unknown, arising out of my participation in the Events, even though such claim or liability may arise out of negligence or fault on the part of any of the Releasees. Acknowledgment of Understanding: I have read this Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am freely and voluntarily agreeing to the Agreement and participating in the Event, and intend my acceptance to be a complete and unconditional release of all liability due to ORDINARY NEGLIGENCE of THA (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by law in the State in which the Event is held. Name* First Last Email* Signature*Other team member: First Last Δ
