WAIVER OF LIABILITY, ACCEPTANCE OF POLICIES AND HOLD HARMLESS AGREEMENT
Every Seaside Shadows Haunted History Tour patron is required to read this release prior to the start of his or her walk. Your participation in the tour confirms that you assume all risks and hazards associated with the walk for you AND YOUR MINOR CHILD, and knowingly and freely assume the risk of any personal injury, property damage or property loss that you may suffer, concur, or sustain which could in any way be construed to be connected with, arise out of, or touch upon your participation in the Seaside Shadows Haunted History Tour.
By participating in the tour, you are to the following:
1. I voluntary assume all risks associated with the Seaside Shadows Haunted History Tour. I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Seaside Shadows Haunted History Tour, City of Mystic CT, City of Stonington CT, City of Groton CT, Elm Grove Cemetery Association, Mystic River Park Commission or any of their officers, agents, servants or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.
2. I hereby elect to voluntarily participate in said activity with full knowledge that said activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage of property owned by me, as a result of being engaged in such activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.
4. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Connecticut.
5. BY PARTICIPATING IN THE TOUR, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and participate voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.
6. BY PARTICIPATING IN THE TOUR WITH A MINOR CHILD AND/OR CHILDREN I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and participate in the Seaside Shadows Haunted History Tour voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; and I acknowledge that I am 100% responsible for the safety and supervision of that child before, during and after the walk.
7. I UNDERSTAND AND ACKNOWLEDGE that the Seaside Shadows Haunted History Tour is not affiliated in any way with or sponsored by the City/Town of Groton, City/Town of Stonington or Town of Mystic.
8. I WILL NOT hold the Seaside Shadows Haunted History Tour or any Releasees responsible for any haunting, supernatural event, soul-possession or poltergeist activity endured before, during or after participation on the tour.
9. I UNDERSTAND AND ACKNOWLEDGE that during the Seaside Shadows Haunted History Tour, I will walk through residential areas and need to be a good neighbor, which means that I will speak in low tones, not block the sidewalk, not trespass on private property and not in any way cause harm or be disruptive. I will obey all traffic laws and cross the street with vigilance.
10. I UNDERSTAND AND ACKNOWLEDGE that during the Seaside Shadows Haunted History Tour is a group event and that I will not consume drugs or alcohol, or show any signs of intoxication, during the tour. I will also not smoke or be in the possession of firearms and/or explosives, including fireworks. All of these items and behaviors are strictly prohibited. Disorderly or aggressive behavior toward other patrons, Seaside Shadows Haunted History Tour employees, neighbors or others will result in my immediate ejection from the tour without a refund and possible arrest.
11. I UNDERSTAND AND ACKNOWLEDGE that by the very nature of this type of activity, I may be exposed to a variety of hazards and risks, foreseen or unforeseen. These inherent risks include, but are not limited to, serious personal injury, property damage, and death. Unknown or unanticipated risks may also occur. I am aware that the Releasees may fail to predict whether the tour conditions are safe. The terrain used for activities may be uncontrolled, unmarked, not inspected, and involve many risks, dangers and hazards. These may include, but are not limited to: difficult weather conditions; impact or collision with other persons; becoming lost or separated from one’s party or guide; negligence of other persons; and negligence on the part of the Releasees, including the failure by the releasees to safeguard or protect me from the risks, dangers and hazards of activities.
12. I UNDERSTAND AND ACKNOWLEDGE that ticket sales are final, and that the Releasees reserve the right to make changes in the scheduled itinerary for the comfort and safety of its activity participants, or when deemed appropriate according to the best judgment of the guide. I further understand it is my responsibility to inform the Releasees of any mental or physical limitations which might prevent me or others from safely and satisfactorily completing this activity, and that my failure to do so could result in my dismissal, without refund, from the activity. I understand it is my responsibility to be in sufficiently good health to complete the activity. I acknowledge my participation is at the discretion of the guide. If I decide to leave the activity before its completion, I assume all risks inherent in my decision to leave and waive all liability against the Releasees arising from that decision.
I am also the parent or guardian of children with me under the age of 18 and responsible for their behavior and safety during the walk, as well as that they abide by all policies listed in this document.