EVENT WAIVER (“WAIVER”)
BY PURCHASING TICKETS, THE PURCHASER AND GUEST (REFERRED TO HEREIN AS “I”, “ME”, “MY”) AGREE TO THESE TERMS:
1. The risk of injury and/or death from the activities involved with the experience entitled “Blumhouse x Peacock Overnightmares at the Stanley” (the “Event”) includes, but is not limited to the following: sprains, strains, fractures, other bodily injuries and accidents involving, but not limited to, running, falling, jumping, contact with scenery, and/or contact with other patrons that could result in paralysis, disability and injury that may be permanent or fatal.
2. AFTER THE OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE EVENT, I KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, and assume full responsibility and all risks for my participation in the Event.
3. I voluntarily agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual and/or significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of the nearest official.
4. I, for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE NBCUniversal Ad Sales and Marketing LLC (“Company”), NBCUniversal Media, LLC (“Network”), and their officers, directors, representatives, officials, principals, agents and/or employees, parent companies, affiliates, subsidiaries, and/or assigns, as well as each of their independent contractors, sponsoring agencies, sponsors, advertisers, volunteers, (collectively, the “Releasees”), for any claims, actions, damages, losses, costs, expenses or causes of action whatsoever that in any way relate to this Waiver, or the creation, use, or exhibition of the Footage and Materials or the Content (as such terms are defined below), or my participation in the Event or any aspect of it, on any legal theory whatsoever (including, without limitation, failure to adequately compensate me, infliction of emotional distress, illness, personal injury, property damage, theft, wrongful death, loss of services, rights of privacy and publicity, defamation, or false light), regardless of whether caused by the negligence or willful misconduct of the Releasees (collectively, the “Released Claims”). I will defend and indemnify the Releasees from any Released Claims and any breach or alleged breach by me relating to this Waiver.
5. I attest and verify that, unless otherwise indicated below, I am free from all illnesses, injuries and defects that could interfere with my safe participation in the Event and that I have no condition that will cause a severe reaction to lights, strobe lights, loud noises, sudden or fast movement, or the viewing of haunters and haunted scenes. My participation in activities and events organized or sponsored by Company is entirely voluntary.
6. I consent to administration of first aid and other medical treatment if applicable in the event of injury or illness and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment.
7. I hereby acknowledge that Company is recording the Event, and in connection with my attendance, Company has the right (but not the obligation) to record and photograph me and to use my name, likeness, simulated likeness, photograph, voice, dialogue, sounds, biographical information, personal characteristics and/or other personal identification, including, without limitation, any photographs, recordings and/or audio taken of me at the Event (collectively, the “Footage and Materials”), and to use, and authorize others to use, such Footage and Materials in and in connection with the development, production, distribution, sponsorship and/or exploitation, as well as the marketing, advertising and promotional materials of, the Event, any programming (including any livestream or other streaming), Company and/or other Company events (together with the Footage and Materials, collectively referred to herein as the “Content”), throughout the universe at any time, in perpetuity, in any and all media now known and hereafter devised, including, without limitation, online, on-air, out-of-home/OOH, in social media and/or in other production(s). I acknowledge that Company and others may tag or mention my name and handles in social media postings in and in connection with Event and/or the Content and the promotion thereof. The rights granted herein shall also include the right to edit, delete, dub, exploit and fictionalize the Content as Company sees fit in Company’s sole discretion. I agree that Company shall own all of the rights to the Footage and Materials and the Content, and the Footage and Materials and Content will be a “work made for hire” by me for Company. Company may license, assign, and transfer any or all rights in this Waiver to any person or entity. I acknowledge and agree that a significant element of the consideration I am receiving under this Waiver is the opportunity for publicity that I will receive if Company includes me in the Content. In consideration and in return for being allowed to participate in the Event, I release and agree not to sue the Releasees from all present and future claims regarding my participation in the Events that may be made by me, my family, estate heirs, or assigns. The Releasees reserve the right, in their sole and absolute discretion, to postpone, cancel, or modify the Event.
8. WHERE ANY DISPUTE IN CONNECTION WITH THIS WAIVER ARISES, THE PARTIES AGREE TO FIRST TRY TO RESOLVE SUCH DISPUTE THROUGH CONFIDENTIAL MEDIATION. IF MEDIATION IS UNSUCCESSFUL, THEN DISPUTES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES (AVAILABLE AT WWW.JAMSADR.COM AND HARD COPIES PROVIDED UPON REQUEST). I AGREE THAT GIVEN THE UNIQUE NATURE OF THE ENTERTAINMENT INDUSTRY, AND THE IRREPARABLE DAMAGE TO COMPANY THAT WOULD RESULT FROM DELAYING OR PREVENTING THE EXHIBITION OF ANY CONTENT PRODUCED HEREUNDER, I MAY NOT SEEK OR OBTAIN INJUNCTIVE RELIEF IN CONNECTION WITH THIS WAIVER. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE CITY OF LOS ANGELES.
I UNDERSTAND THAT I AM GIVING UP LEGAL RIGHTS IN THIS WAIVER, INCLUDING MY RIGHT TO FILE A LAWSUIT IN COURT FOR ANY CLAIM IN CONNECTION WITH THIS WAIVER.
