ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, INDEMNITY AND PHOTO AND VIDEO CONSENT
Before making the decision to visit Holly Jolly Journey, and all other activities held at or in conjunction with Holly Jolly Journey at Mel’s Funway Park (collectively, the “Event”), it is important to understand attending the Event, by its very nature, carries with it certain inherent risks.
Inherent and Potential Risks. The Event and your experience might be affected by changing weather and snow conditions, variations in steepness or terrain, natural and man-made objects and structures, equipment failure, choices of terrain, among others. Your participation might involve strenuous physical activities associated with walking, running, jumping, and/or climbing. Any person attending the Event (“Attendee”) assumes all risks associated with participating in the Event, including without limitation, slippering, tripping, colliding with other participants, falling, sustaining minor injuries, major injuries, and/or catastrophic injuries including paralysis and death. Attendee assumes all risks associated with coming into contact with other participants and attendees (including, but not limited to, contracting a disease, including without limitation, COVID-19), collisions with other participants, trees, objects, or vehicles, negligent or wanton acts of other individuals, as well as risks related to any defects or conditions of surfaces (including uneven or wet surfaces or gravel, ice and snow), failure of other participants, vehicles, and non-participants to yield or follow common practices or laws, and the effects of weather including snowstorms, thunderstorms, lightning, precipitation, cold temperatures, and high winds.
Attendee assumes all risks associated with consuming any food or drink during the Event. The Attendee is solely responsible for any adverse health effects from food or beverage consumption, regardless of any allergy, known or unknown, that he/she may have.
Attendee agrees that the Releasees (defined below) are not responsible for any personal items or property lost or stolen before, during, or after the Event.
Each Attendee voluntarily agrees for itself, its family, heirs, assigns, executors, and administrators to the following: TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained, or any loss or damage to property owned by Attendee, as a result of participating in the Event. The attendee further expressly agrees that this ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by applicable law, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Photo Consent. The Attendee understands that she/he may be photographed at the Event, and agrees to allow his/her photo, video, or film likeness to be used for any legitimate purpose by Spooky World, the Event producers, sponsors, organizers, and/or assigns. I grant permission to the Event representatives and related parties for the use of the photograph(s), videos or electronic media images in any presentation of any and all kind whatsoever.
By purchasing a ticket, and for consideration of participation in the Event, I (on my behalf and on behalf of my dependents) and each Attendee fully and completely waive, release and hold harmless Mel’s Funway Park LLC, including its affiliates, officers, administrators, representatives, owners, employees, volunteers, agents, supervisors, participants, all state and local governments, assigns, sponsors, their representatives and successors and other persons related to the Event (collectively, the “Releasees”), from any and all claims, liabilities, damages, and/or causes of action arising out of an injury to me (or my dependent) and from any and all claims, liabilities, damages, and/or cause of actions arising from, or relating to, my (or my dependent’s) participation or attendance in the Event.
By purchasing a ticket, I state that I have read and understood the terms and conditions set forth above. If purchasing a ticket on behalf of a minor child(ren) and/or legal wards, I represent and warrant that I have full authority to consent to this agreement on behalf of such minors.