Guest Release and Waiver of Liability, Promise Not To Sue, Assumption of Risk, and Indemnity Agreement
To help provide a fun and interactive experience for everyone, we require that each person purchasing a ticket to or entering Candytopia (a “Guest”) agree to this Guest Release and Waiver of Liability, Promise Not To Sue, Assumption of Risk, and Indemnity Agreement (this “Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A LEGAL DOCUMENT AFFECTING THE LEGAL RIGHTS OF EACH GUEST THAT PURCHASES A TICKET TO OR ENTERS CANDYTOPIA.
By purchasing a ticket to or entering Candytopia, Guest demonstrates a desire to participate in Candytopia, an immersive, interactive experience provided by Candytopia LLC, a California limited liability company (the “Company”). As good and valuable consideration for being permitted by the Company to experience Candytopia, Guest agrees to all of the terms and conditions set forth in this Agreement.
1. ACKNOWLEDGEMENT OF RISKS. Guest understands and acknowledges that the Candytopia experience involves inherent potential risks and dangers. These inherent risks cannot be eliminated completely without changing the nature of the Candytopia experience, regardless of the care and precautions taken by the Company, and include: (a) equipment-related hazards, such as exhibits or installations involving jumping or swinging, (b) injurious contact or collision with people and/or equipment, (c) consuming food samples, (d) inadequate or negligent first aid or other emergency measures, and (e) problems arising from the judgment or behavior of other individuals, including other Guests. In addition, while the Company has implemented health and safety policies and procedures for the benefit of all Guests, exposure to, or the increased possibility of contracting or spreading SARS-CoV-2 or the COVID-19 virus or mutations therefrom (collectively, “COVID-19”), are inherent risks in Guest’s participation in Candytopia. The Company cannot prevent Guest’s exposure to, or the increased possibility of contracting or spreading, COVID-19 at Candytopia because it is not possible to prevent the presence of COVID-19, which is an extremely contagious disease that can cause serious illness or death, and which, based upon the current state of the science, can be spread by asymptomatic people.
2. ASSUMPTION OF RISKS. NOTWITHSTANDING THE INHERENT RISKS AND DANGERS IN EXPERIENCING CANDYTOPIA, GUEST KNOWINGLY AND VOLUNTARILY AGREES TO ASSUME ANY AND ALL RISKS CONNECTED WITH THE CANDYTOPIA EXPERIENCE, BOTH KNOWN AND UNKNOWN, INCLUDING ALL RISKS OF EXPOSURE TO, CONTRACTING OR SPREADING COVID-19, EVEN IF ARISING FROM THE NEGLIGENCE OF ANY “RELEASEES” NAMED BELOW OR OTHERS, AND GUEST ASSUMES FULL RESPONSIBILITY FOR HIS OR HER VOLUNTARY PARTICIPATION IN THE CANDYTOPIA EXPERIENCE.
3. LIABILITY WAIVER, RELEASE AND PROMISE NOT TO SUE. GUEST AGREES TO WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE COMPANY AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS AND CONTRACTORS, AND THE OWNERS OR LESSEES OF ANY PREMISES USED FOR CANDYTOPIA (COLLECTIVELY, “RELEASEES”) IN CONNECTION WITH, ARISING OUT OF, OR RELATED DIRECTLY OR INDIRECTLY TO CANDYTOPIA AND/OR ITS OPERATIONS, INCLUDING BUT NOT LIMITED TO THE ACTS, OMISSIONS OR NEGLIGENCE OF ANY RELEASEES OR ANY GUEST OR OTHER THIRD PARTIES. GUEST ALSO PROMISES NOT TO BRING OR ASSERT (OR PERMIT A THIRD PARTY, INCLUDING GUEST’S HEIRS, FAMILY MEMBERS, EXECUTORS OR ADMINISTRATORS, TO BRING OR ASSERT) ANY CLAIM, DEMAND, SUIT OR ACTION WHATSOEVER THAT GUEST MAY NOW OR IN THE FUTURE HAVE AGAINST THE RELEASEES IN CONNECTION WITH, OR THAT ARISES OUT OF, OR IS RELATED DIRECTLY OR INDIRECTLY TO CANDYTOPIA AND/OR ITS OPERATIONS (“CLAIMS”). SUCH CLAIMS INCLUDE, BUT ARE NOT LIMITED TO, THOSE FOR NEGLIGENCE, LIBEL, INJUNCTIVE RELIEF, VIOLATION OF PRIVACY RIGHTS, EMOTIONAL DISTRESS/PAIN AND SUFFERING, MEDICAL MONITORING, LOSS OF/DAMAGE TO PROPERTY, DEATH, OR BODILY INJURY. THIS LIABILITY, WAIVER, RELEASE AND PROMISE NOT TO SUE EXPRESSLY COVERS ANY CLAIMS IN CONNECTION WITH, ARISING OUT OF, OR RELATED DIRECTLY OR INDIRECTLY TO CANDYTOPIA OR ITS OPERATIONS AND COVID-19.
4. RELEASE AND WAIVER OF UNKNOWN CLAIMS. Guest understands that the release and waiver of liability set forth above covers claims which Guest may not know about or suspect may exist at this time.
5. INDEMNITY. GUEST KNOWINGLY AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY EACH OF THE RELEASEES FROM ANY LOSS, LIABILITY, CLAIM, DAMAGE, JUDGMENT, LEGAL FEES OR COSTS INCURRED BY ANY RELEASEE IN CONNECTION WITH, ARISING OUT OF OR RELATED DIRECTLY OR INDIRECTLY TO CANDYTOPIA AND/OR ITS OPERATIONS, WHETHER ARISING FROM THE ACTS, OMISSIONS OR NEGLIGENCE OF ANY RELEASEES, ANY GUEST OR ANY OTHER THIRD PARTY, BUT ONLY TO THE FULLEST EXTENT PERMITTED BY LAW (“LOSSES”). SUCH LOSSES INCLUDE, BUT ARE NOT LIMITED TO, MONETARY DAMAGES, FINES, VIOLATION OF PRIVACY RIGHTS, BUSINESS INTERRUPTION EXPENSES, REMEDIATION COSTS, EMOTIONAL DISTRESS/PAIN AND SUFFERING, MEDICAL MONITORING, PROPERTY DAMAGE, DEATH, OR BODILY INJURY. THIS INDEMNITY EXPRESSLY COVERS ANY LOSSES IN CONNECTION WITH, ARISING OUT OF, OR RELATED DIRECTLY OR INDIRECTLY TO CANDYTOPIA AND/OR ITS OPERATIONS AND COVID-19.
6. NOTICE OF FILMING OR RECORDING. Guest authorizes Candytopia and those acting pursuant to its authority to record Guest’s image, likeness and voice in video, audio-video, photographic, analog, digital or electronic format, or any other copying or recording medium (still or moving) now known or hereinafter created. Guest understands and agrees that all photographs, audio recordings and video footage taken of Guest while at Candytopia, and any works derived therefrom, will be the sole property of the Company and that the Company may, but does not have the obligation to, share such photographs, audio recordings or video footage with Guest. The Company and other parties may use such recordings as provided in Section 7.
7. GUEST NAME AND LIKENESS. When Guest appears in, creates, uploads, posts or sends any photographs, audio recordings or video footage depicting or related to Candytopia, Guest grants the Company and its affiliates the unrestricted, worldwide, royalty-free, perpetual right and license (with the right to transfer or sublicense) to use Guest’s name, likeness, voice and all other aspects of Guest’s persona for the purpose of operating, developing, providing, promoting, advertising and improving Candytopia or any products or services provided at any time by the Company, its affiliates or their respective sublicensees. Guest will not be entitled to any compensation from the Company or its affiliates or business partners if Guest’s name, likeness or voice is used in any Candytopia promotions, whether on the Company’s website, social media channels or otherwise. Guest hereby releases the Company and those acting pursuant to its authority from liability for any violation of any personal or proprietary right Guest may have in connection with any such use.
8. GUEST CONTENT. If Guest creates, uploads, posts or sends any photographs, audio recordings or video footage depicting or related to Candytopia, Guest grants the Company and its affiliates the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensable and transferable right and license to use, display, reproduce, perform, modify, transmit, publish and distribute such photographs, audio recordings or video footage for any purpose whatsoever, in any and all media (in either case, now known or developed later). Guest agrees to not exploit any photographs, audio recordings or video footage of Candytopia for any commercial purpose without the Company’s prior written consent.
9. FITNESS AND RESPONSIBLE BEHAVIOR. Guest represents that he or she (and any children or other people under Guest’s responsibility or control): (a) is not under the influence of any alcohol, drugs or medications that would alter Guest’s senses or judgment, (b) is not aware of any physical, emotional or other condition, such as claustrophobia, heart conditions, back conditions, a history of seizures and/or sensitivity toward flashing lights, that would create a hazard to Guest or others as a result of experiencing Candytopia, (c) is physically fit and able to undertake the Candytopia experience, and (d) will act responsibly during his or her visit to Candytopia.
10. EMERGENCY MEDICAL CARE. Guest authorizes and consents to emergency medical care and transportation to obtain treatment in case of injury, as the Company may deem appropriate. Guest expressly agrees to be financially responsible for such care and acknowledges that Guest is solely responsible for carrying his or her own health insurance. The waiver and release of liability in this Agreement extends to any liability arising out of or in any way connected with any such medical treatment and transportation Guest receives and to any failure to provide such treatment or transportation, whether arising from the negligence of any of the Releasees or otherwise.
11. INVALIDITY. Guest expressly agrees that the terms of this Agreement are intended to be as broad and inclusive as is permitted under applicable law. If any portion of this Agreement is held invalid, illegal or unenforceable to any extent and for any reason by any court of competent jurisdiction, such portion will be excluded to the extent of such invalidity or unenforceability, and all other terms of this Agreement will remain in full force and effect. In any such event, to the maximum extent of the law, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
12. MISCELLANEOUS. This Agreement states the complete understanding as to its subject matter, and may only be modified (or any provision waived) by a writing signed by the parties. Guest understands that this Agreement is legally binding on Guest and on Guest’s heirs, personal representatives and assigns, and further understands that all matters arising from or relating to this Agreement will be governed by and interpreted under the laws of the State of California, without regard for any principles that would cause the application of the laws of any other jurisdiction. Any claim or action (regardless of form) connected with, arising from or relating to this Agreement or Candytopia will be filed only in a federal or state court located in the Los Angeles County, California, and the Company and Guest irrevocably consent and submit to the personal jurisdiction of such courts and waive any claim that such courts are an inconvenient forum or venue. Guest waives, to the maximum extent permitted by law, the right to a jury trial. If any dispute arises over the meaning or interpretation of this Agreement, it shall not be construed against a party on the basis that such party drafted, or was responsible for any specific language in, this Agreement. In the event of a dispute, the prevailing party will be entitled to recover its reasonable costs and expenses, including but not limited to reasonable attorneys’ fees.
13. CONSENT TO ELECTRONIC TRANSACTIONS. Guest hereby consents to contracting and transacting electronically. Electronic signatures, whether digital or encrypted, are intended to authenticate this Agreement and to have the same force and effect as manual signatures. To be clear, Guest will be deemed to have consented to the terms of this Agreement by purchasing a ticket to or entering Candytopia. By marking that he or she has read, understands and agrees to this Agreement, Guest acknowledges that he or she has signed this Agreement electronically and agreed to be bound by its terms.
14. PARENT/GUARDIAN CONSENT FOR GUESTS UNDER THE AGE OF 18. Guest acknowledges that he or she is over the age of 18 and/or the parent or guardian of a Guest that is under the age of 18 (a “Minor”). If Guest is a parent or guardian of a Minor, Guest acknowledges and agrees that: (a) Guest consents to the Minor entering into this Agreement, (b) Guest guarantees that the Minor will not at any time disaffirm this Agreement by reason of the Minor’s age, capacity or otherwise, and (c) Guest, on behalf of Guest, the Minor and the Minor’s heirs, family members, executors or administrators, releases and holds harmless the Releasees from any and all liabilities incident to the Minor’s Candytopia experience, as provided in this Agreement, even if arising from the negligence of the Releasees, to the fullest extent permitted by law.
BY PURCHASING A TICKET TO OR ENTERING CANDYTOPIA, GUEST ACKNOWLEDGES THAT HE OR SHE HAS READ THIS AGREEMENT AND FULLY UNDERSTANDS ITS TERMS, AND THAT BY ENTERING INTO THIS AGREEMENT GUEST IS GIVING UP SUBSTANTIAL LEGAL AND OTHER RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES, AND NONETHELESS ENTERS INTO THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.