waiver and rules for ghost hunting

This is a rain or shine event the barn is covered.  Please dress accordingly with closed toe shoes related to terrain.  Additional Terms and Conditions are listed on the website.  Please note that this event is solely for entertainment purposes.  We do not investigate alone, no children are allowed, do not eat or drink or chew gum during the hunt, do not be silly or disruptive to others, do not drink alcohol during or before the investigation, silence cell phones.  We reserve the right to eject disruptive persons from the event.  Stormy Ridge Frightmare Farm Camping 

LIABILITY WAIVER FORM

To be completed by participants in Ghost Hunt at Story Ridge Frightmare Farm. PLEASE COMPLETE AND SIGN THIS FORM

In consideration of my participation in the activity offered, I, (please print full name) ______________________________________________, the undersigned,

Hereby acknowledge that I have received the Stormy Ridge –, Terms and Conditions for Ghost hunting at Stormy Ridge, and the Safety recommendations at Stormy Ridge and that I have read and understand, and currently am and shall remain in full compliance with, the terms and provisions of this material.

Initial_________

1. REPRESENTATIONS, WARRANTIES AND ASSUMPTIONS OF RISK

I understand and willingly agree that my participation in Ghost Hunt at Stormy Ridge Frightmare Farm is with full understanding and appreciation for the risks, that I undertake activity solely at my own request and risk.

I hereby verify that I possess the minimum experience and qualifications as set out in the above referenced “Terms and Conditions”. I also verify that I am in a state of health that allows me to participate in Ghost Hunting activities. I also understand and willingly agree that any Ghost Hunting activities come with various types of risks, such as, but not limited to:

Rapidly changing weather conditions (often with little or no warning) enrooted to/from and at the property.

Participating in a physical and outdoor activity in rural, remote environments

Poor or ill fitting clothing for the weather conditions and environment

Your inexperience for the activity, given the conditions, and your lack of knowledge to participate in such an activity

Physical illness due to your own physical condition and how you deal with the activity and environment

Threats or contact with wildlife, such as but not limited to, snakes, deer, cows, horses, bears, rabbits, turkeys, groundhogs

2. EXEMPTION AND RELEASE FROM LIABILITY

I hereby exempt and fully release the following persons and organizations:

a)Stormy Ridge Frightmare Farm and their respective officers, directors,

agents, servants, employees, shareholders, successors and assigns, on my own behalf as well as on behalf of my heirs, successors and assigns;

b) any other related parties that are or may become liable for any loss or injury to me or to my property, or for my death, arising out of my participation in any of the above-mentioned activities;

from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me or to my property, or my death, which may occur as a result of or in the context of my participation in camping activity, whether such loss, damage, injury or death results from the negligence and/or other fault, either active or passive, of any of the parties described at paragraphs 2 a) and 2 b) above, or from any other cause.

3. COVENANT NOT TO SUE

I agree never to institute any suit or action at law or otherwise against any of the organizations and/or persons described at paragraphs 2 a) and (b) above, or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Liability Waiver Form, whether caused by the negligence and/or fault, either active or passive, of any of the parties described at paragraphs 2 a) and (b) above, or from any other cause. I further expressly agree that I will never raise any claim against any of the parties described at paragraphs 2 a) and (b) above for product liability, failure to warn, negligence, breach of warranty, breach

of contract or strict liability, regardless of whether my claims for damages or injuries are alleged to result from the fault or negligence of the parties released. I further agree that my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the parties described at paragraphs 2 a) and (b) above, nor shall they initiate or assist the prosecution of any claim for damages of cause of action that I, my heirs, successors, assigns and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death arising from the activities covered by this Liability Waiver Form, whether caused by the negligence

and/or fault, either active or passive, of any of the parties described at paragraphs 2 a) and (b) above, or from any other cause, I hereby instruct my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf. Should any suit or action at law or otherwise be instituted in violation of this Liability Waiver Form against any of the parties described at paragraphs 2 a) and (b) above, I agree that such parties shall be entitled to recover, in addition to any other damages that may be incurred, reasonable attorneys’ fees and costs incurred in defense of such suit or action, including any appeals therefrom.

 4. INDEMNITY AGAINST CLAIMS

I will indemnify, defend, save and hold harmless the parties described at paragraphs 2 a) and (b) above from any and all losses, claims, actions or proceedings of every kind and character, including attorneys’ fees and expenses, that may be presented or initiated by any party and that may arise directly or indirectly from my participation in the activities covered by this Liability Waiver Form, whether resulting from the negligence and/or other fault, either active or passive, of any of the parties described at paragraphs 2 a) and (b) above, or from any other cause.

5. VALIDITY OF WAIVER

I understand that if I institute, or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the parties described at paragraphs 2 a) and (b) above because of injury to my person or property, or my death, due to the activities covered by this Liability Waiver Form, this Liability Waiver Form can and will be used in court, and that such waivers have been upheld in courts in similar circumstances.

6. SEVERABILITY/MULTIPLE WAIVERS

I agree that, should one or more provisions in this Liability Waiver Form be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable against me. If I have executed any other liability and waiver form containing provisions relating to the exemption and/or release from liability and/or covenant not to sue in connection with the activities covered by this Liability Waiver Form, I agree that the liability and waiver form that provides the most protection from liability and/or suit to the parties described at paragraphs 2 a) and (b) above shall be enforceable against me by such parties.

7. APPLICABLE LAW/JURISDICTION

I agree that the laws of the State of New York and the federal laws of The United States of America applicable therein shall govern the construction, interpretation and validity of this liability waiver form as well as any dispute arising from the activities set out above. In the event this liability waiver form is violated and that suit is bought by any of the parties described at paragraphs 2 a) and (b) above, I agree that the Federal Court of  USA and the courts of New York State shall have exclusive jurisdiction with regard to any suit or action arising from the activities covered by this Liability Waiver Form.

I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING PARAGRAPHS, FULLY

UNDERSTAND THE POTENTIAL DANGERS INCIDENTAL TO ENGAGING IN THIS ACTIVITY

AND I AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING THIS DOCUMENT AND THAT I UNDERSTAND AND AGREE THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PRECLUDE ME FROM RECOVERING MONETARY DAMAGES FROM THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY A PRODUCT, LIABILITY OR THE NEGLIGENCE OF THE RELEASE PARTIES, WHETHER PASSIVE OR ACTIVE.

I FURTHER STATE THAT I AM OF LAWFUL AGE AND LEGALLY COMPETENT TO SIGN THIS LIABILITY RELEASE.

For the Ghost Hunting Participant:

Name: _______________________________

Signature: _______________________________

Date:_________