WAIVER AND RELEASE OF LIABILITY AND HOLD
HARMLESS FOR COMMUNICABLE DISEASES
The novel coronavirus (“COVID-19”) has been generally declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. While rules, guidance, and personal discipline may reduce this risk, the risk of serious illness and death does exist. The Releasees (include, but are limited to, The Nightmare Realm Ltd and any of their related business entities, all referred to jointly as “Releasees”) cannot completely mitigate the transfer of communicable diseases like COVID-19 especially when involved in its activities. Participation in these activities includes possible exposure to an illness, injury or death from infectious diseases including COVID- 19.
In consideration for providing myself or any minor children for whom I am a parent or guardian the opportunity to participate in Releasees’ activities, I voluntarily agree to waive and discharge any and all claims against Releasees and release them from liability for any exposure to or illness or injury from an infectious disease including COVID-19, including claims for any negligent or reckless actions of the Releasees or their employees or agents, to the fullest extent allowed by law, for myself, any minor for whom I am responsible, our estates, our heirs, our administrators, our personal representatives, our assignees, and our successors.
I specifically agree to release, exonerate, discharge and hold harmless the Releasees, their Boards of Directors, or Managers, the individual members thereof, and all officers, agents, employees, volunteers, and representatives from all liability, claims, causes of action, or demands, including attorney fees, fines, fees, or other costs (e.g. medical costs) arising out of any exposure to or illness or injury from an infectious disease including COVID-19, which may result from or in connection with myself and/or any minors’ related participation in Releasees activities.
I further certify and represent that I have the legal authority to waive, discharge, release and hold harmless the Releasees on behalf of myself and/or any minor child for which I am responsible.
I certify that I have read this document in its entirety and fully understand its contents and in exchange for the opportunity to participate in the activities of Releasees, I freely and voluntarily assume all risks of such activities and notwithstanding such, release from all liability those persons and entities of Releasee from any loss regardless of cause, and all claims arising from any minor(s) for whom I remain responsible for participation in the Releasees activities.
(RELEASE AND WAIVER OF LIABILITY; ASSUMPTION OF RISK: AND INDEMNITY AGREEMENT)
WARNING! YOU WILL NOT BE ALLOWED INTO THE NIGHTMARE REALM UNLESS YOU UNDERSTAND AND AGREE TO ALL TERMS OF THIS AGREEMENT (WHICH IS REFERRED TO ON THE BACK OF ALL TICKETS) AND ACKNOWLEDGE YOUR FULL ACCEPTANCE OF THIS AGREEMENT BY TICKING THE TERMS AND CONDITIONS WHEN PURCHASING TICKETS. WHEN YOU TICK THE TERMS AND CONDITIONS AND ENTER THE NIGHTMARE REALM, YOU AGREE THAT YOU WILL HAVE NO RIGHTS TO SUE IF YOU ARE INJURED!
- Assumption of Risk.You and every person who enters THE NIGHTMARE REALM acknowledges that The Nightmare Realm is a unique and interactive environment, 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: crawling, falling; sliding; tripping; slipping; and being struck or hit by moving objects; props or people; pushing or grabbing from other patrons and tight spaces. 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) obstacles and obstructions on, in or along paths and walkways; 4) dark, winding hallways 5) sudden motions or movements and hydraulics; 6) darkness; 7) loud noises 8) loud and violent air blasts; 9) bright lights; 10) strobe lights; 11) equipment failure; 12) objects or other patrons falling on, jumping, or striking you; 13) any reactions by you or others because of fear, anxiety, dizziness, asthma, impaired vision, and any other physical or emotional condition; may cause you to collide with other patrons and/or set/walls/props. Any damage or injury is at your own risk. 14) the failure of any safety device or procedure; 15) frightening statements and conduct; 16) unpredictable and surprising situations; 17) bruising, friction burns and other abrasions, scratches and other contusions, 18) indoor and outdoor all weather conditions,
19) ANY ACT OF NEGLIGENCE, whatsoever, by any person working at The Nightmare Realm 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 NIGHTMARE REALM.
II.Release and Waiver of Liability. By entering The Nightmare Realm, 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 WAIVE The Nightmare Realm Ltd 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 ACTION the part of the aforementioned parties, or their representatives. You further agree to release, waive and discharge the aforementioned The Nightmare Realm Ltd, 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 Irish 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 NIGHTMARE REALM.
III. Indemnity.You also agree to indemnify and hold harmless all parties and persons referred to in Section II., above, from any expenses, including Solicitor’s fees, relating or resulting in any way from your entry into and involvement withinThe Nightmare Realm. In the event that you buy a ticket, provide another person with money to buy a ticket, or deliver a ticket for use in The Nightmare Realm 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 NIGHTMARE REALM.
- Arbitration.If, for any reason, any user of any ticket to the The Nightmare Realm Ltd 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 IRISH ARBITRATION ACT 2010
- Physical and Medical Condition.By entering THE NIGHTMARE REALM 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 and epilepsy conditions, back, knee, neck problems, 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 OR crutches 5) that you do not have symptoms of Covid 19. And 6) that there are no other reasons why you should not enter THE NIGHTMARE REALM.
VI.Children Under 13 Years of Age.No person under the age of 13 will be allowed into THE NIGHTMARE REALM 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 solicitor’s fees, resulting from any injury to any child they accompany into THE NIGHTMARE REALM.
VII. CCTV and Video Release.You hereby grant to The Nightmare Realm Ltd, its contractors, co-producers, and/or assigns the irrevocable right and permission to videotape you entering and within THE NIGHTMARE REALM which may be used for CCTV monitoring, advertising, including television adverts, website videos, posters, evidence in a court of law, and for any other reason.You hereby release, discharge and agree to hold harmless The Nightmare Realm Ltd,
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 authorisation, 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.
VIII. The Nightmare Realm LTD owns all intellectual property rights in the website, all material published on this website, social media and all physical material created. The Nightmare Realm and its characters, sets, props, costumes and masks remain the intellectual and/or physical property of the company. These works are protected by copyright laws worldwide. Any use of such outside the scope of the seasonal event without authorised written confirmation from the Directors and company is strictly prohibited.
AGAIN, NO PERSON MAY ENTER THE NIGHTMARE REALM UNLESS THEY FULLY AGREE TO EVERY PROVISION OF THIS AGREEMENT. ANY RULES BROKEN WILL RESULT IN EXPULSION FROM THE NIGHTMARE REALM EVENT BY SECURITY AND/OR AN GARDA SIOCHANA .
DUE TO THE LIMITATIONS IN SIZE OF THE PASSAGEWAYS, PERSONS WITH ANY PHYSICAL LIMITATIONS ARE NOT RECOMMENDED TO TAKE THIS TOUR. WHEELCHAIR ACCESS IS ACCOMMODATED FOR BUT WE ARE UNABLE TO ACCOMMODATE MOBILITY SCOOTERS. SMOKING, DRINKING, EATING, OPEN FLAME, PHOTOGRAPHY AND VIDEOGRAPHY IS PROHIBITED AT ALL TIME WHILST PATRONS ARE INSIDE THE NIGHTMARE REALM EVENT. TOUCHING OF ACTORS OR PROPS IS STRICTLY PROHIBITED. IF YOU VIOLATE THESE RULES, YOU WILL BE ESCORTED FROM THE PREMISES. IN CASE OF SERIOUS INCIDENTS, AN GARDA SIOCHANA WILL BE INVOLVED.
NO REFUNDS WILL BE ALLOWED.